You Can File a Personal Injury Claim for Nursing Home Abuse
You have probably considered entrusting an elderly loved one to a nursing home as you cannot look after them. Nursing homes promise to provide quality assisted living services to their residents, like maintaining shelter, preparing food, and assisting with personal care.
However, elderly abuse does happen in nursing homes, and your loved one could be a victim.
You want the best for your loved ones; thus, you should know how to determine if they experience abuse. You should also know your legal options if you confirm that your loved one is a nursing home abuse victim.
How to Determine Nursing Home Abuse
There are different types of nursing home abuse, including:
- Physical assault and battery
- Verbal abuse
- Sexual abuse
- Neglect in providing proper nutrition, shelter, and medical care
So, be vigilant when visiting your loved one in a nursing home to detect various types of abuse. For example, notice if your elderly loved one shows these signs during your visit:
- Physical injuries, like wounds, bruises, and suffering from pain
- Suspicious body changes like excessive weight loss
- Behavior and attitude changes like refusing to speak with other people
- Worsening of medical conditions they may have had before staying in the facility
You should also look around and check if the facility is clean and well-maintained. Moreover, observe how other residents behave towards the staff and see if they show fear or anxiety.
How to File a Claim for Nursing Home Abuse
Here’s what you should do if you think your elderly loved one experiences abuse in a nursing home:
1. Collect Evidence
Gather evidence that shows nursing home abuse, like pictures, videos, and audio recordings.
For example, you may take a photo of your loved one in the facility while you visit. Show if they have wounds or bruises, and include the facility’s condition like if it is not clean.
2. Consult a Personal Injury Lawyer
Hire a Glendale personal injury attorney as they know the legal action to take and the requirements to prepare for your case.
Moreover, give the collected evidence to your attorney to use in support of your lawsuit. Your legal representative will also investigate the case to gather additional evidence.
3. Secure Your Rights to File a Claim
In most personal injury lawsuits, only the victim can file a case against the defendant. However, it’s complicated if your elderly loved one has a psychological problem that makes them unable to decide on their own.
In that case, you need a court order naming a guardian who can file a claim on your loved one’s behalf. Consult with your lawyer to know more about this process.
4. Determine the Defendant
It’s crucial to determine the correct liable party for your loved one’s abuse, as there are three possible entities you can sue like:
- An individual nursing staff who abuses your loved one
- Facility supervisor who fails to stop the abuse
- The nursing home company, if they fail to provide a safe environment for the residents, like hiring a potential abuser
5. File the Claim
You can then file a complaint against the liable party to start the lawsuit. Work with your lawyer to prepare your documents and for the case to proceed toward the best outcomes.
Consult a Personal Injury Lawyer in Glendale for Nursing Home Abuse Cases
Finding out that your elderly loved one experiences abuse in the nursing home feels frustrating. You should thus take appropriate legal actions against the liable party to claim compensation for your loved one.
A Glendale personal injury attorney will help handle your case and get the best outcomes for your elderly loved one.