Nursing Home Abuse Settlements

Abuse is most common in nursing homes and in psychiatric treatment centers because the elderly and the mentally handicapped are least likely to defend themselves. Supervisors, employees and even owners feel secure in abusing the elderly in nursing homes because many cannot speak out against them and even fewer have the gumption to file a lawsuit against them.

For this reason, it is up to the loved ones who have relatives and friends in nursing homes to collect a settlement for nursing home abuse and to file charges against those who take advantage of the elderly. Unless people stand up for what is right, nothing will change from the way things are today.

There are three different types of recourse against nursing homes that facilitate abuse, negligence or exploitation:

1) The initiation of an investigation by an adult protective services agency

2) Civil cause of action (a lawsuit) against the nursing home

3) Criminal persecution

The agency will help to render aid to the victims of abuse; the civil action will claim compensation for the abuse; and the criminal charges will serve to punish the offending party.

The most common form of nursing home abuse is the lack of care and attention to patients, though this is not the only type of abuse that can occur. Nursing homes have also been held liable for the hiring of employees with criminal backgrounds, the negligent maintenance of equipment and premeses, and the negligent purchasing of faulty or substandard equipment.

Nursing homes are required to maintain what is called a Duty of Care to its patients and tenants. When that duty of care is breached – either by negligence or outright abuse – then the nursing home can be held liable for that breach. People who suspect nursing home abuse must prove that the nursing home failed to maintain appropriate duty of care and that the patient suffered adverse consequences of that neglect.

One of the most effective ways to prove that breach is by soliciting the evaluation of a medical expert. He or she can evaluate the care given to the patient, and can give testimony to the accepted duty of care in that situation. The medical expert must be well versed in the proper treatments and procedures administered in nursing homes, and must be able to show that the nursing home did, in fact, behave negligibly. However, there are some instances in which the testimony of a medical expert will not be necessary, such as a supervisor or owner’s failure to maintain clean and secure premeses.

The counsel of an attorney will also be required, because he or she will be most able to research the statutory standard of care for your city and state, and will be able to determine the exact degree of nursing home abuse. An attorney’s counsel is invaluable in this regard.

The next hurdle that litigants will face is causation. Because patients in nursing homes inevitably have pre-existing conditions, a likely defense from the nursing home will be that the pre-existing conditions were to blame for a decline in health or death, rather than the nursing home’s ability to care for that patient. The plaintiff must be able to show that abuse was at least one factor that led to the patient’s decline or death.

In a civil court, the plaintiff can also sue for breach of contract if one exists. Most nursing homes provide residents with a contract that states the types of services provided and the cost of those services. Even if the contract states something like, “reasonable care,” a victim of abuse can still sue for substandard care or for intentional neglect.

As far as criminal prosecutions are concerned, most prosecutors will not take a case unless physical neglect is involved. This might include failure to keep patients clean, failure to administer proper medications or treatment, failure to prevent the occurance of bedsores, or the improper use of restraints on the elderly. If one of these types of abuse have occured to a loved one, pursuing criminal charges may be well within your grasp. It is up to you to report the neglect and to insist upon an investigation of the crime.

If you or a loved one has been the victim of nursing home neglect, it is imperative that you seek legal counsel immediately. Outline the facts for your attorney so that he or she can determine the best course of action. Keep all paperwork pertaining to the nursing home and record the dates and substance of conversations with nursing home employees or owners. If possible, collect physical evidence to support your claim.