About Nursing Home Abuse Lawsuits - Frequently Asked Questions

All residents of nursing homes have the right to be free of physical and mental abuse. They are also guaranteed care and should never be neglected. Restraint or physical harm are never warranted unless written order is provided by a medical professional with specific instructions as to when and how that restraint should be utilized in order to ensure the safety of the home’s residents. Some nursing homes are not regulated by federal statute and will thereby be subject to state-specific laws, which do vary slightly. Below are some of the most frequently asked questions about nursing home abuse lawsuits.

What is neglect?

Neglect and abuse can run a thin line. A nursing home resident should be given all things necessary to quality of life--food, shelter, clothing, medical care, and supervision. If this is not provided intentionally, it may be considered abuse, otherwise it is neglect.

How are neglect and abuse claims handled?

Reporting such claims will result in an investigation of the facility, including interviews of all individuals related to the claim. If the claim is deemed warranted, then actions will be taken to correct the situation. The individual and his family also have the right to seek the advice of a nursing home abuse lawyer regarding the possibility of a lawsuit.

What is exploitation?

Although this definition can vary from state to state, most consider exploitation to be the intentional misuse of an elderly person’s money and other resources for intended profit.

What should be done if abuse is suspected?

A claim against the nursing home should be made as soon as it is felt that the staff and management of the home are not acting in the best interest of the resident(s). If the problem is not quickly and sufficiently resolved, a person may need to seek the counsel of an attorney.

How is a lawsuit pursued?

Consult an attorney regarding the situation. Discuss the visible warning signs and ask for an earnest review to determine if it fulfills the requirements of a legitimate case. If that is the situation, then the attorney will act on your behalf to supply the individuals or agency in question with written notice of the offense they are accused of.

Is it a strong case?

This is a difficult question to answer without seeking the advice of an elder abuse lawyer and medical experts. These individuals are trained to spot injustices and will know how to best rectify the situation.

How much time will the lawsuit take?

Each case is different, although most will never make it to trial. Instead, a settlement will often be made before the lawsuit is filed or during litigation. This will represent a lot less time than those cases that make it before a judge and possible jury.