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Challenges Faced While Suing a Nursing Home

By Walton Law APCSeptember 6, 2023February 26th, 2024No Comments

Nursing homes can be held responsible for any act of neglect or abuse that causes harm to an elderly resident. It can be difficult to take legal action against a nursing home. However, with the right legal team, you can increase the likelihood of securing a winning outcome. If you think your elderly loved one was harmed by the people in charge of providing care, you should work with an experienced nursing home abuse attorney to sue them. 

Gathering Necessary Evidence of Abuse and Neglect 

Documenting every detail is the first step in building your nursing home abuse claim. You need to be patient and listen carefully to your loved one. Seniors don’t always speak in an outright fashion even when being mistreated. You should take pictures of any signs of neglect and injuries, such as bedsores or soiled clothing.  

You should keep a diary of the things you suspect or have seen. The validity of your claim will improve with testimonials from other people. Audio recordings can play an important role as well if recorded in a legal manner. Don’t forget to speak with other residents and their family members to determine whether they have experienced similar abuse and neglect. Always take abuse injuries on your loved ones seriously.  

Recognizing Elder Abuse in Nursing Homes  

Only 1 in 14 cases is reported as elder abuse because most people don’t know how to recognize senior mistreatment. These are a few common indicators of abuse in an elder home: 

  • Lack of hygiene 
  • Dehydration or malnourishment 
  • Unexplained weight loss
  • Suspected or seen injury
  • Fear, anxiety, anger, and agitation
  • Non-responsive
  • Unwillingness to talk about the caretaker
  • Social isolation
  • Making unreasonable excuses for a particular situation
  • Caretaker tends to speak “for” the senior
  • Conflicting accounts of events from the victim and caretaker
  • Caretaker has an angry or indifferent attitude towards the elder 

It’s a big red flag if you find the caretaker or a new name getting added to the elderly person’s bank account. Financial abuse also includes frequent withdrawals by the caretaker without a previous agreement regarding such compensation.  

You should consult an experienced nursing home abuse attorney if you notice any of these indicators. You should not ignore any of your suspicions. Your attorney will detail the steps you can take to resolve the situation and hold the responsible parties accountable for their negligent or intentional acts. 

Determining Liability for Nursing Home Abuse 

Your lawsuit will need to prove that the nursing home facility failed in upholding their duty of care. Your attorney will have to show that lack of care or abuse was the direct cause of your loved one’s injuries. You can hold a nursing home liable for the following: 

  • Negligent hiring practices 
  • Failure to maintain reasonably safe premises
  • Failure to properly train and supervise nursing home staff
  • Failure to maintain clean premises
  • Failure to provide proper medical treatment
  • Negligent supervision that led to a fall or another injury 

You should not delay or hesitate in seeking legal representation from a qualified nursing home abuse attorney if you suspect neglect or abuse.  

Get a Free Case Evaluation from Our Seasoned Nursing Home Abuse Attorneys 

At Walton Law, APC, our reliable and considerate nursing home abuse attorneys are passionate about recovering maximum compensation and justice for victims and their families. Schedule your free and confidential consultation with us today. Call (866) 338-7079 or write to us online.