Nursing Home Abuse

Nursing Home Abuse Lawyer

Millions of families wrestle with the decision to place their elderly parent in a nursing home or assisted living facility. Compounding the decision is the fear that our loved one may not receive the care that they need, or worse, that they’ll experience nursing home abuse. Each year in the United States, an estimated 2.1 million seniors report being the victims of some form of abuse; and many more suffer in silence.

The dedicated Mount Vernon nursing home neglect lawyers at Tario & Associates, P.S. are here to ease your burden and fight for justice on the plaintiff’s behalf through tough negotiations and a nursing home abuse lawsuit if necessary! Our expert elder abuse attorneys handle each step of the pre-trial and trial process from interviewing and retaining expert witnesses, to filing the complaint and pre-trial litigation. Contact us today!

nursing home abuse

Experience Matters for Nursing Home Abuse

Our main office was established in 1979, followed by the Mount Vernon location in 1988. The experienced Mount Vernon nursing home injury lawyers at Tario & Associates, P.S. law firm have helped thousands of citizens in Mount Vernon and throughout Skagit County fight and win the monetary damages that they deserve. Our Mount Vernon elder abuse lawyers provide FREE case evaluations, home and hospital visits and no attorney fees unless you recover damages.

Including:

  • Physical abuse
  • Sexual abuse
  • Financial exploitation
  • Unsanitary living conditions
  • Emotional abuse
  • Malnourishment and dehydration
  • Failure to administer medications properly

If you or a loved one was the victim of elder abuse, you have enough to worry about. Let us give you peace of mind. Contact the most experienced nursing home abuse lawyers Mount Vernon has at Tario & Associates, P.S. today.

How do I know whether I should pursue a medical malpractice claim?

We believe your well being and the well being of your family and loved ones is more important than money or legal action. However, if you suspect that you or a loved one has suffered an injury or harm from the abuse or neglect of an elder caretaker, you should seek the opinion of a qualified elder care abuse attorney to determine whether negligence has occurred and whether or not a claim should be brought.

Do I really need to hire an attorney or should I handle my own nursing home abuse claim?

To determine whether or not you have a viable malpractice claim it is often necessary to hire an outside and independent medical expert to evaluate your case. We have access to expert witnesses such as nutritionists, therapists and physicians who can review the case and provide expert testimonial against the nursing home or care provider. It is common for a lawyer to obtain a settlement five to twenty times the amount a person would receive by fighting on their own.

How much do I have to pay to pursue a claim?

There are no upfront costs or fees paid by our clients to pursue a nursing home neglect claim as we provide representation on a contingency fee basis for personal injury cases. While you will not incur any attorney fees if you do not win your case, Washington law requires clients to reimburse the law firm for out-of-pocket expenses.

Our firm advances out-of-pocket costs for our malpractice clients and does not require our clients to pay any of these costs up front. When cases are concluded with a monetary recovery, our firm is repaid for the out-of-pocket costs we have advanced with a percentage of the settlement.

What are the signs of nursing home abuse?

Nursing home abuse can take on many forms including:

  • Negligence
  • Physical abuse
  • Sexual abuse
  • Financial exploitation
  • Unsanitary living conditions
  • Emotional abuse
  • Malnourishment and dehydration
  • Failure to administer medications properly
  • Deviation from the standard of care

In some cases there are obvious physical signs that may point to nursing home abuse, including:

  • Bruises
  • Soiled clothing or bed sheets
  • Unclean bandages
  • Bedsores or open wounds
  • Grogginess from over medication
  • Sudden weight loss or weight gain with no explanation
  • Unexplained hair loss
  • Unexpected or unexplained deterioration in health or changes in personality

Other signs of nursing home abuse include:

  • Unresponsive or listless behavior
  • Unexplained loss of personal items of value
  • Unusual financial transactions such as large cash withdrawals
  • Emotional or physical withdrawal

It is not acceptable for caregivers to keep patients in an overly-medicated state or to intimidate them with physical violence to keep them quiet.

What should I do if I suspect my loved one is being abused?

If you suspect that your loved one is being abused, start by asking some questions. Next, take pictures of anything suspicious such as cuts, bruises, bed sores, soiled sheets or dirty bandages and overall lack of proper hygiene. If the abuse is in the form of stealing then document all the missing personal items and obtain banking records or financial statements that show any unauthorized transactions. Once basic documentation has been done, you must notify local law enforcement or the Department of Social and Health Services (DSHS) and also the authorities at The National Center on Elder Abuse (NCEA) about the suspected abuse. You may want to look into options to move your loved one into a better facility. Last but not least, seek legal representation from an experienced nursing home abuse attorney.

Why do I need to hire an experienced nursing home abuse attorney?

Nursing home abuse falls under negligence and personal injury law. In personal injury cases, the victim greatly benefits from having an advocate to stand up for their legal rights, stop the abuse, and negotiate the biggest settlement possible. Don’t forget that the nursing home will likely try to contact you directly to settle your claim; their insurance company may also try to offer a low settlement. Never sign anything from the nursing home or their insurance company without the input of a nursing home abuse lawyer. Personal injury lawyers are very familiar with state laws and victim’s rights around nursing home negligence and abuse. They are your best resource to fight for justice for your loved one.

What will it cost me to hire a nursing home abuse lawyer?

Personal injury clients only pay a percentage of the settlement; there are no up-front costs to hire a nursing home abuse lawyer. Personal injury lawyers are compensated through a percentage of the settlement. Clients do not owe attorney fees unless they recover a monetary settlement.

What damages can be recovered in a nursing home abuse or negligence case?

Victims of nursing home abuse may seek compensation for both economic and non-economic damages. Economic damages may include the cost to re-locate to a new nursing home, funeral expenses and additional medical care required because of the abuse. Non-economic damages may include compensation for physical and/or emotional pain and suffering and loss of enjoyment of life. In Washington State there is no cap on economic or non-economic damages.

How long does it take to get a nursing home abuse settlement?

Each case will vary in length depending on the complexity and severity of the abuse/injuries and whether the case can be settled out of court or must go to trial. It is in the victim’s best interest to work with an experienced personal injury lawyer because they handle each stage of the claims process.

What is needed to prove a case of nursing home abuse or neglect?

There are four elements that must be proved in order to recover a settlement or jury award for nursing home abuse:

  1. A caregiver/client relationship must be established that proves the nursing home owed your relative a “duty of care.”
  2. The nursing home or caregiver breached their “duty of care” through negligence. Helpful evidence includes negligent hiring, inadequate training, lack of proper employee screening, breach of obligations, medication errors or that any criminal activity was responsible for the abuse or neglect.
  3. Prove that the injury was caused by the abuse or neglect.
  4. Damages were suffered such as medical bills and pain and suffering.

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