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Can I Sue a Nursing Home for Abuse or Neglect?

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CASE REVIEW

    Nursing home abuse or neglect is not only negligence — it is illegal. Civil action against those responsible is possible regardless of any criminal charges.

    Abuse or neglect can cause your loved one painful injuries, a painful illness, or result in death. If those entrusted with your loved one’s care misused their authority, you may want to contact a nursing home abuse lawyer today.

    Nursing Home Abuse and Neglect

    Understaffing and lack of training contribute to subpar care.

    Nursing homes are notoriously known for low pay and staffing levels. Despite the expensive costs associated with such facilities, staff and management fail to protect residents from harm.

    Abuse and neglect of our nation’s elders occur in various forms:

    • Physical abuse: Bodily harm, such as pushing, hitting, slapping, or using physical restraints.
    • Emotional abuse: Yelling, threatening, or preventing a resident from seeing friends and family are all forms of emotional abuse, sometimes referred to as psychological abuse.
    • Sexual abuse: Abuse that involves forcing a resident to watch or to participate in sexual acts.
    • Financial abuse: Misused or stolen money or belongings. Examples include unauthorized use of a credit card or missing checks.
    • Neglect: A withholding or ignoring of a resident’s needs. Neglect can involve such intentional acts as withholding medications, no assistance with personal hygiene, or not providing meals.

    These types of abuse and neglect are difficult to even read about. However, these and other harmful acts are a sad reality for many nursing home residents.

    If your loved one suffered an injury or illness or died at the very hands of those entrusted with their care, you may have grounds for a civil case.

    What to Do if You Suspect Nursing Home Abuse and Neglect

    Take immediate steps to hold those responsible accountable.

    Close family and friends know their loved one best. If something seems off about your loved one’s personality or demeanor, find out why.

    Observation is critical to recognizing signals that indicate your loved one is frightened or withdrawn. Document the date and time of visits and watch for these possible signs of elder abuse or neglect:

    • Unexplained bruises
    • Fear of a particular caregiver
    • Dirty clothes or unwashed hair
    • Missing funds or concerns about finances
    • Weight changes due to malnutrition or missed meals.

    Report possible elder abuse to management and the authorities. Seek immediate medical attention for your loved one and remove them from the facility.

    Relocating your loved one may pose a challenge, depending upon availability at other facilities. The costs of relocation are one form of compensation typically included in a nursing home abuse case.

    Documenting your observations and actions regarding management notification is vital for your case. A list of dates and times is beneficial evidence and can show a pattern among certain staffing times. Our elders rely upon us to advocate for their safety and care. By remaining vigilant, loved ones can monitor care, report abuse, and pursue compensation.

    A nursing home abuse and wrongful death attorney aggressively fights owners, management, and insurers for a fair settlement. No elder should suffer intentional harm that causes pain, stress, or death. Seek help for your elder loved one’s harm by

    Contacting a Kansas attorney today.

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    Nursing Home Abuse and Wrongful Death

    Falls, infections, or other harm may result in an untimely death.

    The golden years should be ones free from intentional harm or neglect. Sadly, some nursing home residents find their injuries or illnesses impossible to survive.

    A resident who dies due to a preventable condition deserves justice. Kansas law allows specific individuals to pursue a wrongful death claim or lawsuit for their unexpected loss.

    Wrongful death cases generally include damages like:

    • Funeral expenses and burial costs
    • Final medical care costs relating to the abuse
    • Non-economic damages relating to the permanent loss.

    For many families, a nursing home is the only choice when it comes to a loved one’s care. Many seniors require around-the-clock care, something a nursing home provides.

    Losing your loved one due to neglect or abuse is devastating. It is a highly emotional time and not the time to manage your case alone. Those left behind should not entertain a settlement offer without a lawyer. A free case review lets you learn more about your wrongful death options.

    How a Nursing Home Abuse Lawyer Helps You

    A nursing home abuse lawyer dives deep into what went wrong.

    Your loved one may hesitate to relay their experience to you. The fear of retaliation from staff is one reason why some victims refrain from reporting the abuse to family and friends. Your lawyer can investigate your loved one’s case and interview witnesses. Your lawyer fights on your behalf, from filing court paperwork to negotiating for a fair settlement.

    Nursing homes, insurers, and lawyers seek to stop negative publicity and lawsuits. Unfair tactics designed to confuse victims and their families are all too common. Kansas nursing home abuse lawyers know state law and understand what constitutes abuse and neglect. Your lawyer will get to work as soon as possible, fighting for compensation and facility accountability.

    The Palmer Law Group: Nursing Home Abuse Lawyers

    Abuse and neglect of Kansas nursing home residents is never acceptable

    Caregivers have an opportunity to make an elder’s golden years enjoyable or challenging. When a caregiver chooses to initiate harm, they deserve swift accountability for their actions.

    Most civil cases conclude without going to trial. However, if your case proceeds to trial, your lawyer will put their courtroom skills to work for you.

    A Kansas nursing home abuse and neglect case is a complex civil matter. A lawyer from The Palmer Law Group can review your case and determine if you have grounds to sue. Should they proceed with your case, they will not stop until they secure the best outcome possible. Call us today at (785) 233-1836.