Nursing Home Abuse

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.

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.

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.

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.

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.

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.

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.

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.

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.