Elder abuse is a serious issue in nursing homes throughout the United States. Abuse may manifest as physical, financial, emotional or even sexual. If you or a loved one have suffered abuse at the hands of a nursing home facility, you may have a case against the facility. Before you file a legal action against the nursing home, you probably have a few questions to ask.
Here are three common questions that clients have when considering a lawsuit against a nursing home.
Does the Victim Have to Have a Contract?
When it comes to nursing home abuse or neglect, the patient does not have to have a contract with the home to file a claim against them. Nursing home residents, regardless of contract, still expect proper care. The home cannot neglect the patient, neglect the premises or abuse patients in any way.
Can Residents Report Abuse?
Residents can always report abuse or neglect. In addition to residents, guests can also report concerns about abuse. Every state has a system for nursing home abuse allegations. Once reported, the state will conduct an investigation. The investigation will include interviews with the resident, the family and the nursing home staff.
If there is evidence of abuse or neglect, then Adult Protective Services will provide services to the resident to put a stop to the abuse and to prevent it from happening again. After that, it is up to the resident and the family to decide whether or not they should seek compensation for the abuse. To start a civil action, the family has to speak with a lawyer.
Do Visitors Have Rights to File Claims?
The nursing home has a responsibility to guests as well as residents. Premises liability exists with nursing home facilities as well as other businesses. If a guest trips over an obstacle or suffers any other injury due to the home’s negligence and suffers an injury, then he or she can file a personal injury claim against the nursing home.
No person should have to undergo abuse at a care facility. It does not matter if you are a resident, if you have a contractor or if you are a guest. If the nursing home is responsible for a person’s injuries, then it is within the person’s right to file a lawsuit against the home. Set up a consultation with a nursing home abuse lawyer, like the attorneys at Davis & Brusca, LLC, as soon as possible to find out if you have a claim.