Nursing Home Negligence & Abuse Lawyers

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The decision to place a parent or loved one into the care of a nursing home is not easy. When your loved one is living in a nursing home facility, you trust that the staff is looking after them with care and compassion and ensuring their needs are met.

However, not every facility or caretaker has your loved one’s best interests in mind. It is estimated that every year 10% of adults over the age of 65 suffer from some form of elder abuse in the United States.

If you suspect that your loved one has been neglected or abused, contact the nursing home negligence lawyers at Whitfield Coleman Montoya. We can help you and your family pursue justice against those who may be responsible for the harm your family has suffered from. Schedule your free legal consultation today to learn more.

Common Forms of Nursing Home Abuse and Neglect

Your loved one deserves to live in a physically and emotionally safe environment. If you suspect that any of the below forms of negligence and abuse are happening in your loved one’s nursing home, it is important to report it.

Neglecting personal hygiene: Failure to regularly bathe residents, change soiled clothing or diapers, or treat wounds can cause health complications like infections and rashes.

Medical neglect: Most nursing home residents depend on their caregivers to administer their medications. Failure to do so at the times prescribed may result in health complications.

Failure to maintain a safe environment: Nursing home owners and staff should maintain safe premises for residents. This includes removing slip and fall hazards, regularly cleaning and sanitizing rooms and common areas, making the building ADA compliant and accessible for all residents, and more.

Physical abuse: Some caregivers may hit, push, or slap residents who cannot defend themselves. Other forms of physical abuse may include purposely neglecting their care by withholding food from them or purposely leaving them in unsafe or unsanitary conditions.

Emotional abuse: Nursing home residents deserve to live in a safe and welcoming environment. Verbal abuse should never be tolerated.

Sexual abuse: Tragically, there have been cases of nursing home staff sexually abusing residents. Since 2000, there have been more than 20,000 reports of sexual abuse in long-term facilities. Pay attention to any sudden changes in your loved one’s behavior, as it may indicate that they were a victim of sexual abuse.

Financial abuse: Sometimes caregivers may take advantage of residents who are unable to monitor or control their finances. It is estimated that every year, victims of financial abuse lose $36.5 billion in the U.S. alone.

Causes of Nursing Home Negligence

Neglect and abuse are typically caused by one or more of the following forms of negligence:

  • Insufficient staff based on the number of residents
  • Failure to properly train staff on how to properly care for residents
  • Failure to conduct background checks of caregivers
  • Failure to create and enforce proper safety and health procedures for residents
  • Failure to listen and act on resident complaints of abuse
  • Failure to investigate signs of possible abuse (i.e., bed sores, bruises, etc.)

Signs of Possible Nursing Home Neglect

If your loved one is non-verbal or suffers from dementia or Alzheimer’s, they may not be able to tell you if they have suffered abuse. Patients may also not feel comfortable reporting their abuse.

This is why it is important to be alert of the following signs that may indicate neglect or abuse:

  • Bedsores
  • Malnutrition
  • Dehydration
  • Weight loss
  • Bruises, broken bones, sprains, and other physical injuries that have no clear cause
  • Newly diagnosed sexually transmitted diseases
  • Bleeding or pain in the genital area
  • Sudden changes in behavior: If your family member suddenly becomes withdrawn, depressed, anxious, and fearful, it may indicate abuse
  • Unexplained financial transactions and account withdrawals

Am I Eligible to File a Nursing Home Negligence Lawsuit?

If you suspect that your parent or loved one was a victim of nursing home neglect or abuse, you may be able to hold the owners and relevant parties accountable.

In order to file a lawsuit, you must be able to prove the following:

  • The facility owed a duty of care to your loved one (i.e., they were a resident)
  • The staff and owners breached their duty of care by neglecting or abusing your loved one
  • Your loved one suffered physical, emotional, or financial harm as a direct result of the nursing home’s negligence

The Benefits of Hiring a Nursing Home Abuse Lawyer

Nursing home cases can be incredibly complex and sensitive. The personal injury lawyers at Whitfield Coleman Montoya do not take these cases lightly and will treat you and your family with the care and respect that you deserve.

Below are a few important ways we can help you pursue justice:

  • Investigating Neglect and Abuse: If your instincts tell you that something is wrong, it very well might be. Our team of investigators will review staff records, surveillance footage, medical records, witness statements, and more for possible evidence showing how your loved one was mistreated and by whom.
  • Filing a Lawsuit: After reviewing the details of your case, if our nursing home abuse lawyers find that you may qualify for compensation, they will help you collect relevant documentation and file a lawsuit against the negligent parties.
  • Negotiating for Fair Compensation: Our lawyers will fight to ensure that you receive a settlement offer that fairly compensates your family for the harm you have suffered. This may include compensation for pain and suffering, medical expenses, and more. If the insurance company refuses to settle, we are prepared to take them to trial to ensure that justice is served.

Why Hire Whitfield Coleman Montoya?

Elder abuse is a silent epidemic that affects far too many vulnerable adults. If you suspect that your loved one is being neglected or abused, pursuing legal action may help protect other residents from being similarly hurt.

Our Tennessee, Kentucky, Mississippi and Georgia nursing home negligence lawyers at Whitfield Coleman Montoya understand how devastating these cases can be for the entire family. We will walk you through each step of the litigation process while prioritizing your family’s needs and wishes. To learn more about how we may be able to help you, you can schedule a free, confidential legal consultation. Our team is available 24/7 to answer any questions you may have.

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