Most seniors in a nursing home are old, sick, and don’t know their rights. Some don’t even know whether they are being abused. It’s an emotional moment when family members visit their elderly in a nursing home and suspect they are being abused. An adult family member should take responsibility and hire a nursing home abuse attorney. Some prefer hiring from the National Association of Nursing Home Attorneys because these attorneys are experienced and reputable. The aim is to get fair compensation at the end of the case. Below are steps the attorney uses to help the elderly being abused or neglected.
Investigating the Claim
Even if an elderly is being abused in a nursing home, those responsible always deny the claims. Therefore, the attorney must prove that the senior has been neglected to win the case. So, the attorney interviews the family member who suspects that the elderly are being abused. Mostly, suspicion is due to changes in psychological or physical changes of the elderly.
The attorney also interviews former employees about how the elderly were treated when working in the nursing home. After interviewing everyone on the list, the attorney reviews records to extract evidence that the nursing home employees have violated federal or state laws. The attorney also reviews medical records to prove whether the elderly has been fed as required, was treated for the current medical condition, or if there were medical errors.
The attorney then researches state and federal laws governing the nursing home. If any laws were violated, the attorney has proof that the elderly were neglected and abused in the nursing home. With this proved, the attorney has enough evidence to build a case against the nursing home.
Negotiating with the Responsible Nursing Home
After collecting solid proof from the interviewers, and various records, the attorney can help the client file a case against the nursing home. He sends a demand letter stating the nursing home’s harmful practices to the elderly and asks for compensation. Most nursing homes ignore the demands and don’t even give feedback, while others continue denying the claims even if there’s proof. However, sometimes the demands aren’t met, and the attorney needs to file a lawsuit. This is because delay can lead to losing the case altogether.
Filing a Lawsuit
The attorney must act fast before the suing period expires. So, the attorney collects more evidence to build a solid case so that the nursing home compensates the neglected or abused elderly. After collecting more evidence, the attorney files a lawsuit, and with the proof of abuse, the elderly are compensated. However, if the elderly died from nursing home abuse, compensation is granted to an adult family member closely following the case.
Adults who suspect that their elderly are being abused in a nursing home shouldn’t ignore them even if they don’t have proof. Instead, they should hire a reputable nursing home abuse and neglect attorney who ensures that the victim is compensated depending on the extent of physical or psychological abuse.
