Protecting the Safety and Rights of Those Living in Senior Care with a Nursing Home Abuse Lawyer

by | Nov 7, 2016 | Lawyers and Law Firms

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Mistreatment of the most vulnerable members of society is an appalling offense. A nursing home is supposed to be a place where the elderly comes to live when they can’t care for themselves independently. Caregivers are expected to be compassionate, understanding and attentive in their services. When a nursing home resident is let down by means of abuse or neglect, legal action can be taken against the organization. A Nursing Home Abuse Lawyer will advocate for family members that suspect nursing home abuse of a loved one, or actual victims that can communicate what they’re experiencing. Nursing home abuse comes in more than one form. Caregivers are abusing a resident when they unreasonably punish or deliberately inflict physical and/or verbal abuse on them. Depriving a resident of something that is needed for sustenance or an enjoyable experience at the facility falls under the classification of nursing home neglect or abuse.

Proving nursing home abuse can be an arduous task for someone who is not well-versed in this area of law. A Nursing Home Abuse Lawyer sees to it that all the steps required to establish proof are carried out to completion. To start, a complaint or petition is filed for a nursing home elder abuse case to begin. The case is launched with what is known as discovery. Discovery refers to the beginning of an investigation. Witnesses are questioned in a deposition and documents are created to officially institute a nursing home abuse case. If there is solid evidence the plaintiff is being maltreated, the guilty party either settles out of court or tries the case in a trial.

A lawyer must be sure all facets of nursing home abuse or neglect cases are covered. Most nursing homes have a binding contract of care that explains the duties staff must fulfill in caring for the residents. If it can be proven that there was a breach of contract that translates to abuse or neglect, the case stands on solid ground. When a member of staff or the management team fails to execute their duties of care, they are considered derelict in their duty and breaking the law. If it is found there was violent physical abuse, compensation for punitive damages can be added to the case. Learn more at website. You can also follow them on Twitter.