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My family has incurred out-of-pocket expenses due to nursing home neglect. Who pays?
The nursing home staff that was supposed to keep your loved one safe has done just the opposite. Instead of caring for her, providing her necessary services, and respecting her as an individual, one or more staff members have hurt her. They have caused her physical pain and emotional suffering because of their abusive or neglectful acts.
You can’t go back and prevent this abuse from occurring, but you can protect your loved one now by fighting for a full and fair recovery of damages.
This Includes Out-of-Pocket Costs
Out-of-pocket expenses include anything that your loved one lost or had to pay for out-of-pocket as a result of the nursing home abuse or neglect. Thus, out-of-pocket damages are as unique as the victims who suffer from this type of abuse.
If your loved one was hurt, then you might consider the following types of losses:
- Property damage. If any personal property was stolen, damaged, or otherwise lost as a result of the nursing home abuse or neglect, then your loved one should be compensated.
- Any costs that were incurred as a direct result of the abuse or neglect. This could include, for example, any costs associated with moving your loved one to another nursing home facility.
- Funeral costs. If your loved one died from the nursing home abuse or neglect that she suffered then her estate may be able to recover these costs.
Of course, if you believe that your loved one suffered any other expenses or out-of-pocket costs then you should tell your loved one’s nursing home abuse attorney so that the attorney can demand fair damages from the arbitrator or the court.
To learn more about your loved one’s recovery of damages after nursing home abuse or neglect leaves her injured, please contact us anytime—24/7/365—to discuss your rights. We are available via this website or by phone at 1-800-800-5678 and we would be pleased to provide you with a free consultation.
Can my loved one recover damages for her nursing home pain and suffering?
Yes. Your loved one’s physical pain and emotional suffering are probably the most significant damages that she suffered as a result of nursing home abuse or neglect and she deserves compensation for these damages.
However, before your loved one can recover financial damages for her emotional suffering and physical pain, there are two things that must be done.
First, the Value of Her Damages Must Be Proven
There are no invoices or bills that you can submit for compensation; however, you must still establish the value of loved one’s physical pain and emotional suffering before you can negotiate a settlement or demand damages in a lawsuit.
An experienced nursing home abuse lawyer can help you determine the value of your loved one’s unique damages. Some evidence to consider, however, might include:
- Your loved one’s medical records. This may document the specific physical injuries that she suffered and help you determine how much pain she was in and could be in going forward. Additionally, a doctor or mental health professional may have documented changes in your loved one’s behavior, anxiety, or other psychological issues.
- Information from you or other frequent visitors of your loved one. Did anyone notice any changes in your loved one? When were they noticed? What were they? Were they reported to nursing home staff or your loved one’s doctor?
- Information from nursing home staff. Did your loved one become more fearful, did she have trouble sleeping, did she have changes in moods or behavior, or experience other symptoms? All of this information may be documented.
This information can help you come up with a fair number to request to compensate your loved one, or her estate, for the abuse or neglect that she had to endure in her nursing home.
Next Her Fair Recovery Must Be Fought For
Unfortunately, coming up with a number is not enough. You are going to have to convince the insurance company, the arbitrator, or the court of the value of these damages. To that end, we encourage you to work with an experienced nursing home abuse lawyer who will fight for your loved one’s rights and work hard to get her the fair and just damages that she deserves for the serious wrong that has been done to her. Please contact us anytime via this website or at 1-800-800-5678 to learn more.
Is an autopsy required when someone dies from nursing home abuse?
Technically, the answer is no. An autopsy is not legally required after a patient dies in a nursing home—even if the suspected cause of death is nursing home abuse or neglect. If you have strong moral or religious objections to an autopsy, then you may not wish to authorize the procedure.
But Before You Make a Decision You Should Know This
Autopsies, while not required, may be very useful in proving the cause of your loved one’s death. Your loved one was in a nursing home because of an underlying medical condition. The nursing home is likely going to argue that it was that underlying medical condition that caused your loved one’s death. In order to recover damages in a settlement or lawsuit, you are going to have to prove that your loved one died not from natural causes, but instead from the intentional abuse or the negligence of the nursing home or nursing home staff.
An autopsy may be important evidence in proving your loved one’s cause of death because it can:
- Rule out death by natural causes.
- Provide specific and useful evidence about the true cause of death.
These medical findings may be useful in proving your case. Of course, other types of evidence may also be useful in proving that nursing home abuse or negligence caused your loved one’s death. Other evidence may include:
- Your loved one’s medical records.
- Pictures of your loved one’s body if there are bedsores, bruising, or other evidence of abuse.
- Testimony from anyone who witnessed any abuse or neglect.
You will need to decide whether or not to authorize an autopsy soon after your loved one passes away and during a time of extreme sadness and emotional suffering. If you have any question about what you should do then we encourage you to consult with other family members, with your loved one’s doctor, with your clergyman, and with an experienced nursing home abuse lawyer. Together, we can help you come to the decision that is right for your family during a free consultation.
What are frozen joints? What do I need to know if my loved one suffers from frozen joints in a nursing home?
Frozen joint syndrome, also known as adhesive capsulitis, typically occurs after a long period of immobilization. The capsule surrounding the joint can become inflamed and the muscle or tendon attached to the joint can restrict. This makes it painful or impossible to move the joint, and the joint is described as being frozen. Frozen joints are often seen in the shoulders, hips, or knees, but they can occur elsewhere in the body as well.
Eight Questions to Ask If Your Loved One Has a Frozen Joint in a Nursing Home
Your loved one didn’t enter the nursing home with a frozen joint. Accordingly, it is important to find out why she suffered this injury and whether she is now getting the appropriate treatment. To that end, you can ask:
- Who is my loved one’s treating physician and what treatment is being recommended?
- Who is in charge of making sure that my loved one gets the treatment that her doctor ordered?
- What follow-up care does my loved one need?
- Did nursing home staff know the risk factors for frozen joints and watch for symptoms of the condition?
- Did nursing home staff notice any symptoms of frozen joints? What did they do if they did notice the symptoms?
- How often was my loved one’s position changed or how often was she moved?
- How often did was my loved one checked on?
- Did my loved one mention any physical concerns to any staff member? Were there any symptoms of neglect that should have been noticed by staff?
Some frozen joint injuries are the result of nursing home neglect. If you believe that your loved one suffered an injury then it is important to know what you can do to help your loved one recover. The answers to the questions above can help guide your next steps, and so too can a conversation with a nursing home neglect attorney. If you would like to schedule a free meeting to discuss your rights, please start a live chat with us now.
What is a nursing home malpractice case?
If your loved one has been hurt by the actions or inactions of nursing home staff, then you may be angry, your loved one may be scared, and you may both be wondering whether there is any way to hold the nursing home liable for the significant harm that has been done.
There May Be
Your loved one may be able to bring a civil case for damages if she has been hurt by the negligence or abuse of nursing home staff. These cases may be known as nursing home negligence cases, nursing home abuse cases, nursing home personal injury cases, or nursing home malpractice cases. Generally, your loved one may bring such a case if:
- The nursing home owed your loved one a duty of care.
- The nursing home staff breached the duty of care by failing to act like reasonable nursing home staff would in a similar situation.
- Your loved one was hurt by the actions or inactions of nursing home staff when they breached the duty of care.
- Your loved one is legally entitled to damages.
If your loved one died from the abuse or neglect that she suffered in a nursing home then you, or the representative of her estate, may be able to bring a wrongful death claim.
Nursing home malpractice cases are complex, but they are important. Please browse our free resources to find out more about the types of actions that may result in a nursing home malpractice case and to find out why they may be important for your loved one or your family.
How can I fight back against nursing home abuse if my loved one’s been hurt?
Nursing home abuse is not only tragic for your loved one who has suffered the physical pain of the abuse, but it can also be difficult for your entire family. You may all be struggling emotionally and eager to know what you can do to protect your loved one now and prevent other families from experiencing this horror in the future.
Here’s What You Can Do
You can fight back against nursing home abuse and neglect by:
- Reporting the abuse or neglect to the appropriate government agency. In Wisconsin, you should report the abuse to the appropriate agency in your county. A list of Wisconsin county agencies that handle reports of elder abuse and neglect can be found here. Of course, if you believe that your loved one or another resident is in imminent danger, then you should call 911.
- Holding the nursing home accountable. Nursing homes many not make the necessary safety changes unless they are forced to do so or they see it as a smart financial decision. You can help advance these changes by knowing your loved one’s legal rights and pursuing appropriate legal action for abuse and neglect injuries.
- Raising awareness of the problem. Many people may not be aware of the danger of nursing home abuse or neglect until their own family member is hurt. You can be an advocate for change and support safety measures and public awareness campaigns so that, together as a community, we may protect our nursing home residents.
Your loved one has been hurt. This makes nursing home abuse your fight. However, it is not yours alone. Please share this frequently asked question on Facebook and getting others involved in the protection of nursing home residents.