At some point in our lives, we might find it difficult or impossible to care for an aging family member. Elderly loved ones may need medical care or supervision that can be challenging for family members to provide. When this happens, families often entrust a nursing home to care for their vulnerable loved one with dignity and compassion. Unfortunately, this doesn’t always happen.
If you have a loved one who has suffered abuse or neglect at the hands of a caregiver in a nursing home setting, you have the right to demand justice. Let a skilled Mustang nursing home abuse attorney at the Cain Law Office help you get answers, protect your loved one, and pursue the full compensation your family deserves. Call us today to schedule your free consultation.
How the Cain Law Office Can Help with Your Nursing Home Abuse Case
If you suspect that your loved one is suffering abuse or neglect in a nursing home, you may be unsure what to do, especially if your loved one is reluctant to talk about the situation out of fear of retaliation. It can be even harder when your loved one doesn’t have the capacity to clearly communicate what is going on.
The best course of action if you suspect abuse is to report it and talk to an attorney as soon as possible about your loved one’s legal rights. At the Cain Law Office, we take allegations of abuse and neglect very seriously. Our legal team has the experience to investigate your situation and take immediate action to protect your family.
Our Mustang nursing home abuse lawyers can:
- Explain your options for getting your loved one to a safe place immediately
- Thoroughly investigate claims of abuse or neglect to gather evidence of what has happened
- Help you file appropriate complaints with authorities
- Fight for full compensation for medical expenses related to injuries, personal financial losses, cost of moving to a new facility, and pain and suffering
We will be by your side every step of the way and help you take the necessary steps to ensure your loved one’s safety.
Nursing Home Abuse Cases We Investigate
Nursing home abuse can be committed in a number of ways, including:
Physical abuse: Physical abuse is defined as any act of laying hands on an elderly individual in a manner that causes them bodily harm. This can include any physical acts of violence directed at a nursing home resident.
Emotional abuse: Emotional abuse can include staff or caregivers using threats, intimidation, humiliation, yelling, and inflicting insults upon the resident. This type of abuse can cause significant mental scars and trauma for elderly residents.
Sexual abuse: Sexual abuse includes any type of unwanted sexual contact that an elderly resident did not consent to, or that they don’t have the ability to consent to.
Financial abuse: Financial abuse occurs when a caregiver or staff member takes advantage of an elderly resident by stealing personal property, forging checks, using coercion to gain access to bank accounts or financial information, involving the resident in scams, or using false investment tactics.
Neglect: Neglect can include not attending to a resident’s medical needs or even just their basic needs, such as food, water, and hygiene.
When Is a Nursing Home Liable for Elder Abuse and Neglect?
Every case of nursing home abuse is unique and has its own set of special circumstances that need to be thoroughly investigated. The ultimate question is: Who is liable for elder abuse in a nursing home setting? The answer may seem simple, the abuser themselves, but it isn’t always as cut and dry as that.
Liability can rest with multiple parties from the abusive caregiver to the nursing home itself to a third-party entity. In general, the nursing home may be liable in some of the following situations:
Negligent hiring: The nursing home may fail to screen its hires for proper education and training, and it may fail to perform background checks on employees and caregivers to determine whether they have a criminal record.
Understaffing: Chronic understaffing in a nursing home setting can lead to staff burnout and cases of abuse. Overworked caregivers may lash out at residents when frustration mounts. Understaffing may also lead to cases of neglect as staff members struggle to keep up and become overwhelmed. Residents can be left unattended and may fall through the cracks.
Inadequate training: A nursing home is responsible for ensuring that all staff and caregivers have the proper credentials and training for the position that they are working in. The nursing home is also responsible for the training of staff and caregivers in the correct protocol and procedures at the facility, in addition to ensuring that everyone has proper supervision.
Medication errors: Nursing homes are responsible for making sure that residents get the correct medication, dosage, and method for medication delivery.
In some situations, a third party may be responsible for a nursing home injury. For example, a defective medical device can lead to serious injuries, and the manufacturer can be held responsible for the damages caused.
Nursing Home Abuse Warning Signs
While physical abuse may leave the most obvious traces of evidence, there are a variety of warning signs that can point toward nursing home abuse. Recognizing these warning signs is an important first step toward uncovering the truth about what is happening to your loved one behind closed doors.
Here are some of the more common warning signs to be aware of:
- Unexplained broken bones, cuts, or bruises
- Frequent falls
- Frequent infections or illnesses
- Marks or bruises on or near the thighs and genitals
- Withdrawal from family or friends
- Sudden changes in sleeping or eating patterns
- Sudden changes in weight or appearance
- Change in a financial situation
- Refusing to cooperate with certain staff or caregivers
- Poor hygiene
- Unchanged or dirty clothes, linens, or bandages
- Suicide attempts
It’s important to keep a record of any signs you see indicating the potential abuse or neglect of your loved one. An attorney from our firm can review your concerns with you and help you determine steps to take to ensure your family member’s well-being.
Talk to a Mustang Nursing Abuse Lawyer Now
If your loved one has been abused in a nursing home setting, or you suspect abuse may be taking place, you need the experienced and compassionate support that the Cain Law Office can offer. Our Mustang attorneys are dedicated to demanding answers and holding the responsible parties accountable for their actions.
Contact the Cain Law Office today for a free and confidential consultation about the circumstances surrounding your case.