Are you concerned that a nursing home and its staff have subjected your loved one to abuse or neglect? Or are you the one suffering the neglect or abuse? If so, you could take legal action.
Get help bringing those responsible to justice by contacting a Kingsville nursing home abuse lawyer at the Adam Smallow Injury Lawyers. During our free consultation, we’ll explain the nursing home abuse claims process and how to hold the liable party accountable to the fullest extent of the law. For more information contact our Kingsville personal injury lawyer.
What Constitutes Nursing Home Abuse and Neglect?
Nursing home and assisted living facility residents can suffer from five common types of elder abuse:
- Physical: Hitting, kicking, punching, or throwing objects
- Emotional: Yelling, screaming, belittling, or threatening
- Financial: Stealing a resident’s money or personal property
- Sexual: Touching without consent, rape, assault, forced nudity, or battery
- Neglect: Failing to provide a resident’s basic needs
Unfortunately, it’s not always clear whether you or someone you love has suffered nursing home abuse or neglect. Therefore, it’s essential to watch for the more common signs of nursing home abuse:
- Unexplained weight loss or gain
- Social isolation
- Depression and anxiety
- Becoming withdrawn around caregivers
- Missing money or possessions
- Unexplained changes in a power of attorney
- Irregular financial transactions
- Unexplained bruising, broken bones, or burns
- Malnutrition or dehydration
- Pressure ulcers or bedsores
- Dental health issues
- Insomnia or nightmares
If you suspect a nursing home facility has abused or neglected your family member, you must act quickly to ensure your loved one’s safety and report the situation to the proper authorities.
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Recoverable Damages for Nursing Home Abuse Claims in Kingsville
You could recover damages for the abuse you or your loved one suffered at a nursing home facility. When your attorney investigates your case, they will identify every loss your family has suffered and seek compensation for them in your nursing home claim.
Economic Damages in Nursing Home Abuse Cases
Economic damages include all your actual monetary damages. Some examples of economic damages your loved one could be entitled to recover include:
- Costs of mental health counseling
- Nursing home relocation fees
- Medical expenses and equipment costs
- Financial losses
- Property damage
Noneconomic Damages in Nursing Home Abuse Cases
Noneconomic damages compensate for the emotional and psychological effects of nursing home abuse and neglect on your loved one’s life. However, noneconomic damages do not have a fixed monetary value, so your lawyer can help you calculate their worth.
Examples of noneconomic damages awarded in Kingsville nursing home abuse claims include:
- Physical pain and suffering
- Inconvenience
- Dismemberment, disfigurement, and skin scarring
- Diminished quality of life
- Loss of companionship and love
- Lots of advice and support
- Loss of guidance and society
- Emotional distress
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Liability for Kingsville Nursing Home Abuse
Establishing liability in a nursing home abuse claim is essential to holding the guilty party accountable and recovering compensation for your losses.
It may surprise you to learn multiple parties could share fault for the abuse and neglect your family member underwent. Therefore, you could not only hold the abuser responsible but also these parties who might share liability:
- Nursing home staff
- Nursing home supervisors
- Other nursing home residents or guests
- The nursing home’s parent company
- Healthcare providers
- Medical equipment manufacturers
- Third-party contracted vendors
A thorough investigation into the nursing home abuse your loved one suffered will reveal all guilty parties and might even uncover a pattern of abuse and neglect. Doing so could stop ongoing abuse and prevent other patients from suffering what your loved one endured.
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How Our Firm Can Help Nursing Home Abuse Victims Get Justice
First, our attorney will investigate what happened to you and your loved one and gather evidence of any abuse or neglect. That evidence might include:
- Photos of unsafe or unsanitary conditions
- Surveillance video from the facility
- Medical records
- Nursing home records
- Witness statements
Next, we can help you report the abuse to the proper authorities. That might include an internal complaint with the facility, but we might also notify local law enforcement or file a formal complaint with the Maryland Department of Health. We can use the results of their investigation to solidify our claim against the at-fault parties.
Finally, we’ll calculate your losses, using medical bills and bank statements to total your economic damages while placing a value on the emotional and psychological toll the abuse has had on your loved one and the rest of your family. This figure will inform how we pursue your claim and negotiate for the compensation you need to make your family whole again.
Don’t Let the Deadline Pass on Your Nursing Home Abuse Case
Another way we help with your case is by ensuring you don’t miss Maryland’s three-year statute of limitations for personal injury cases (Md. Cts. & Jud. Proc. Code § 5-101) or five years for medical malpractice (Md. Cts. & Jud. Proc. Code § 5-109).
Our investigation will determine which type of lawsuit we would file. Just the threat of a lawsuit can push settlement negotiations forward. However, letting the deadline pass takes that possibility away, so we will keep track of this important detail for you.
We Handle Nursing Home Abuse Claims on Contingency
Our lead attorney, Adam M. Smallow, understands victims’ concerns about how they will pay for legal help to seek the compensation they need to maintain their financial situation. That’s why MD Accident Law takes on nursing home abuse claims on a no-win, no-fee basis. Thus, you won’t owe us attorney’s fees if we don’t secure an award for you.
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Get Help From a Kingsville Nursing Home Abuse Attorney
Are you ready to take legal action against those responsible for the abuse and neglect you or your loved one endured at a nursing home? If so, you’ll benefit from having an assertive legal advocate on your side, someone who has earned the trust of countless clients over the past decade and can take on nursing homes, their parent companies, and their army of insurance adjusters and defense attorneys.
Meet with a Kingsville nursing home abuse lawyer at the Adam Smallow Injury Lawyers today to explore your legal options. Fill out our contact form or call our office to schedule your no-cost, risk-free consultation.
Call or text (410)777-8960 or complete a Free Case Evaluation form