• Failing to aid residents who are at risk of falling
• Failing to perform regular health checks
• Failing to provide ill residents with proper medical care, including transportation to a hospital
• Not ensuring the resident receives the proper medication
• No oral or dental care
• Not doing needed physical therapy

• Not changing residents when they are wet due to incontinence
• Failing to move bed-bound residents and avoid bed sores
• Failing to perform prescribed wound care
• Failing to keep residents hydrated
• Ignoring a resident’s request for help
• Failing to protect residents from physical, psychological, sexual or financial abuse

If your loved one has suffered serious neglect or abuse, legal action may be an option. The facts and legal claims would be based on the circumstances of what happened. This is an important reason why you should contact our office when you suspect neglect or abuse. After we’re retained, we will start an investigation to establish what happened, who committed the act and who can be held responsible. The longer our inquiry is delayed, the more difficult it may be for our nursing home lawyers to obtain critical evidence of what happened, how and why.

Legal Claims for Nursing Home Abuse or Neglect Could Result From:

• An employee intentionally harmed a resident
• An employee acted negligently by allowing dangerous conditions to exist which resulted in an injury
• An employee neglected the medical care of a resident
• Management acted negligently by failing to adequately supervise employees who neglected or abused a resident
• The facility violated State regulations and/or statutes

Negligence Is a Legal Theory That Can Be Used in a Legal Claim If:

• The defendant (the party being sued) owed the resident a legal duty to live up to the applicable standard of care
• That duty was breached
• The resident suffered harm
• The breach was the legal and factual cause of the harm
• Under state law, and the defendant has a legal obligation to compensate the victim

A successful legal claim could result in an award of damages or a settlement covering the harm done to the resident, including for pain and suffering, actual costs due to the neglect or abuse including medical bills and moving to another facility, as well as to compensate families members for the mental anguish they suffered.

Steps Our Nursing Home Attorneys Can Take

One of our nursing home lawyers would file the lawsuit on your behalf. We would deal with the nursing home and its insurance company, gather the facts, and try to negotiate a fair settlement. Depending on the circumstances and how cooperative the insurance company is, the process could take months to years. Most nursing home abuse and neglect claims are settled by the facility’s insurance policyholder.

In most cases, residents involved in legal actions transfer from the facility where they’ve been harmed because the nursing home can’t be trusted. The form of payment (Medicare, Medicaid, or long-term care insurance) would normally follow the resident to the next facility.

Find Out if You Have a Nursing Home Neglect or Abuse Case

The best way to find out about the legal process, the rights of your loved one, and the best way to proceed is to schedule a free strategy session with attorney Steven H. Heisler or one of his associate attorneys. During this free, no-obligation session, our lawyers who help seniors will take the time to learn details about your case and answer any questions you may have. We can also collect necessary information from you at this time (such as copies of recent medical bills related to your accident) to get a better idea of how much your settlement may be worth.