When a case of nursing home abuse is brought to court, the home in question must defend itself and the actions in question of its staff. If irrefutable evidence is presented that the resident has been abused or mistreated in any way, the victim WILL receive compensation if proper actions are taken. In some cases, the home may also be ordered to shut down. Home residents' rights are guaranteed by the federal 1987 Nursing Home Reform Law. The nursing home law requires homes to "promote and protect the rights of each resident".
In spite of the law, home abuse continues to be a serious problem. The National Center on Elder Abuse estimates at least one in 20 nursing home patients has been the victim of abuse. According to the study, 57% of nurses' aides in long-term care facilities admitted to having witnessed, and/or participated in, acts of elder abuse. Unfortunately, the signs of home abuse are not always easy to recognize and ultimately prove.
If you think yourself or someone you know has been abused in the care of a nursing home ( and want to be financially compensated) they're are certain rules of thumb to follow. You should obtain and file all the names of the staff of the home in question along with any documentation that suggests or even proves you were abused. Such as medical bills, pictures of injuries, etc. When you have all of this together you should arrange a meeting with a personal injury attorney ASAP.
Why hire a personal injury lawyer? What a lawyer can do for you in these cases is invaluable. Your lawyer will (assuming he or she has experience dealing with elder abuse in your state) know what it takes to build you a solid case that will ultimately get you financially compensated for your injures, pain and suffering. While you can represent yourself against your nursing home and avoid fees of a nursing home lawyer, you can be assured everything is prepared up to par with a lawyer who has experience on your side. Also, most lawyers dealing with personal injuries and nursing home abuse will only take payment if a settlement is reached for their client.
Sometimes, the abused person and the nursing home in question can come to an agreement regarding compensation with the aid of their personal injury lawyer and the intervention of a judge is not required. This is normally the quicker and more convenient process, not requiring formal presentations of witnesses or evidence exhibits. If an agreement cannot be reached outside the courtroom however, the case may be pursued in front of a judge. Here, evidence and witnesses will be presented to support and disprove each case. The final outcome of the case will be decided upon by a judge, and although appeal processes are available, they are lengthy and hard to succeed with.
Also, you should know most states personal injury statutes of limitations grant a 2 year period in which you can file a lawsuit.
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