Case Consultation
(423) 888-3030
The decision to transition a family member to a nursing facility is often a difficult one. You are trusting the nursing facility to properly care for your loved one and provide the necessary treatment.
Discovering that a loved one is suffering at the hands of their caretaker can be devastating. Suing a nursing home for abuse with help from a skilled attorney can help you gain a sense of justice by holding the abusers accountable for their actions. A Hamilton County nursing home abuse lawyer can help you navigate this complex legal process.
Nursing home neglect is the failure to provide the required level of care for a resident. Neglect could result from understaffing, hiring unqualified staff, or employing negligent hiring practices.
Nursing home abuse includes intimidation and punishments that lead to pain, mental, or physical suffering. Some of the signs of abuse in a nursing home include the following:
Anyone with access to a nursing home, including staff, residents, and visitors, can potentially harm a resident. Spotting the early warning signs of abuse allows for quick intervention.
Families trust nursing homes to provide a strict “duty of care” to their elderly loved ones. If a resident suffers abuse, the facility can be held liable. A nursing home could be liable for various forms of negligence, such as failing to provide adequate security to the residents, exposing residents to a dangerous environment, or committing medical errors. To hold a Hamilton County nursing home liable for resident abuse, a claimant and their attorney must demonstrate four specific elements.
Claimants must demonstrate the facility owed them a duty of care, which they breached by providing substandard services. Additionally, claimants must establish a causal link between the breach and the resultant injuries or trauma. A claimant and their lawyer must also prove that the resident suffered injuries or incurred financial loss due to the facility’s negligence.
A well-practiced local attorney can guide plaintiffs through the complex legal process for nursing home abuse claims. Regardless of whether the situation involves physical, emotional, medical, sexual, or financial abuse, a seasoned lawyer in the area could help build a strong case for damages.
After taking on a case, a nursing home abuse attorney could gather the relevant information, including photographs, witness statements, and medical evidence. A dedicated lawyer would also review the local, state, and federal nursing home laws.
Filing the case in a court of law kicks off the legal process, and the court will promptly notify the defendants through formal documents. During the discovery phase, both legal teams collect evidence to build a strong case.
Most nursing homes resort to settling cases instead of going to trial when faced with mounting evidence of abuse. Nursing home abuse attorneys could work to negotiate favorable financial payouts for victims and their families.
If the parties fail to reach an agreement, the abuse case goes to trial. The ruling by a judge or jury decides if a claimant is eligible for damages and how much compensation they receive, if any. A skilled attorney at our Hamilton County office could represent a nursing home abuse victim throughout the trial process.
If you notice signs of mistreatment at an assisted living facility, contact a Hamilton County nursing home abuse lawyer as soon as possible. Legal counsel could inform you of nursing home residents’ rights and help hold wrongdoers accountable for their actions. Call Yates & Wheland today to discuss your case.