Nursing home abuse occurs when a patient is mistreated, neglected or harmed by caregivers, family members, nursing home staff and any other individual who has contact with him or her. Nursing home abuse can result in serious injuries and can even be fatal to some elderly adults. All nursing homes that receive Medicare or Medicaid have a basic standard of care that they have to meet.
If a nursing home fails to meet the standard of care, the institution can face a lawsuit. If you suspect that your loved one is suffering at the hands of his or her caregivers or the nursing home facility, here are the steps that you need to take.
Determine the Type of Abuse
Before you bring your case to a lawyer, you may want to determine the type of abuse and investigate the details of the case. Abuse is different from neglect because it involves an action that an individual has to take. Neglect is passive and refers to what a caregiver doesn’t do for the patient. Abuse is the action that he or she takes. For example, if a nurse keeps a patient sedated so that he or she is not demanding of time and service, this is abuse.
Report the Abuse
Sometimes, you can resolve an abuse case by speaking with the staff or supervisor at the nursing home. Most nursing homes have a grievance procedure and you can follow the steps required to bring the incident to the administrator’s attention. You can also contact a care ombudsperson. He or she will try to resolve the complaints and can conduct an investigation.
File a Lawsuit
To file a lawsuit, you need to speak with a nursing home lawyer. He or she will be able to help you build a case that proves the damages your loved one suffered at the hands of the nursing home. When you file a nursing home lawsuit, it could result in a settlement to pay for the neglect and abuse of the patient.
It is easy to file when it comes to lawsuits against nursing homes when you have an experienced nursing home abuse lawyer at your side, like one from Andersen Morse & Linthorst. He or she can walk you through the steps necessary to file your lawsuit and ensure that you complete all of the necessary processes by the deadline. Consult with a nursing home lawyer today to find out how to start your lawsuit.