Cleveland Nursing Home Abuse Lawyers

Protecting Your Loved Ones From Neglect and Mistreatment

When you trust a nursing home to take care of an aging loved one, you never assume that your family member will be mistreated. Nursing home abuse and neglect are unfortunately common, as elderly individuals are susceptible to mistreatment. Nursing home residents often have a difficult time advocating for themselves or making their needs known, which can lead to a power imbalance. Physical abuse, emotional abuse, and neglect can cause injuries that become fatal if not addressed.

If your loved one has suffered in their nursing home, you deserve to seek justice on their behalf. An attorney on our team will guide you through the legal process to seek damages for your loved one’s experience. We will conduct an investigation into the abuse, holding responsible parties liable for injuries your loved one may have suffered.

Our team at HMW Law is here to provide compassionate legal representation for you and your family. We will not stop fighting until you have gotten the outcome you deserve. To learn more about our services through a free consultation, contact our law firm by calling 216-369-1352.

When Can You File a Nursing Home Abuse Claim?

Nursing home residents who have been subjected to abuse or neglect may be eligible to pursue compensation through a civil lawsuit. In many cases, elderly individuals feel helpless and may not understand how to advocate for themselves. It is essential to have family members and legal counsel around when pursuing compensation.

In general, you can file a nursing home abuse or neglect lawsuit if the following is true:

•  Your loved one was injured or neglected while in a nursing home
•  Your loved one suffered long-term or permanent disabilities related to neglect or abuse
•  Your loved one passed away due to abuse, neglect, or mistreatment in a nursing home facility
•  You and your family are facing additional healthcare costs or financial harm because of the abuse or neglect

If you have questions about whether or not you are eligible to file a claim, reach out to an attorney on our team today. We will review the facts of your case and determine whether you have legal recourse.

What Are the Main Types of Nursing Home Abuse?

Nursing home abuse happens in a wide variety of ways. Identifying the specific type of abuse your loved one has suffered from can help you make a personal injury claim.

Types of nursing home abuse include:

Physical Abuse

Physical abuse includes any kind of intentional force that results in bodily harm. Nursing home abuse victims could suffer from physical pain, impairment, illness, or even death. Types of physical abuse include kicking, slapping, hitting, beating, shoving, using physical restraints, and more.

The warning signs of physical abuse include:

•  Unexplained bruises, especially on the wrists, arms, legs, and ankles
•  Sudden onset of pain or mental deterioration
•  Broken bones and other unexplained injuries
•  Sprains and fractures
•  Being over or undermedicated

Sexual Abuse

Sexual abuse covers any kind of unwanted sexual contact. Undressing, flashing, touching, or forcing an individual to witness sexual acts all count as sexual abuse. Residents may be unable to report sexual abuse, making it difficult to prove.

Warning signs of nursing home sexual abuse include:

•  Bruised genital areas
•  Torn or stained undergarments
•  STDs
•  Genital bleeding
•  Bruises on various parts of the body
•  Dramatic changes in behavior

Emotional Abuse

Verbal and nonverbal behavior that is meant to inflict fear, pain, or distress is classified as emotional abuse. This type of abuse can include threats, humiliation, intimidation, verbal assaults, and isolation.

Signs of mental abuse include:

•  Sudden depression
•  Dramatic changes in behavior
•  Sudden unresponsiveness or lack of communication

Financial Abuse

Financial abuse is a very common type of nursing home abuse. This type of abuse covers any unauthorized or improper use of an elderly person’s resources. Often, this is done by a care provider or a person in a trusting relationship. Financial abuse can include taking money without the elderly person knowing, convincing them to sign checks, or taking their possessions without consent.

Common signs of financial exploitation include:

• Sudden disappearance of funds or possessions
• Changes in the elderly person’s bank account without explanation
• Use of the elderly person’s ATM card without consent
• Transferring of assets to a non-family member
• Change of name or details on legal documents

What is Nursing Home Neglect?

Nursing home neglect is another kind of nursing home abuse. Neglect refers to the failure or refusal to provide basic care needs for an elderly individual. The party responsible for protecting the person from harm, which is usually a caregiver, is responsible for any neglect.

Failure to provide essentials like water, food, and clothing is classified as neglect. Failing to provide adequate hygiene, proper nutrition, proper medical treatment, and access to health services can also be called neglect.

While it is possible for neglect to happen intentionally, in many instances, neglect happens as a result of understaffed or inadequately trained caregivers and providers.

Warning signs of nursing home neglect include:

• Malnutrition or dehydration
• Untreated bed sores
• Unsanitary living conditions
• Falls and other injuries
• Untreated health issues
• Unexplained weight loss
• Poor hygiene

Abandonment is also sometimes referred to as neglect. Abandonment is the intentional desertion of an elderly person by their caretaker. This type of abuse is especially dangerous for individuals who have dementia, Alzheimer’s, or other neurological conditions. Elders who are left alone in a public place may be suffering from abandonment.

Self-neglect is another kind of neglect that is a bit harder to define. Self-neglect refers to an elderly person’s inability to provide proper care for themselves. The failure to take necessary medications, failure to use necessary health-related precautions, and living in unsafe conditions all point toward self-neglect. In some instances, self-neglect can happen in nursing homes when an elderly person is thought to be able to care for themselves. If their mental or physical state declines, staff members must be prepared to step in and provide them with necessary assistance.

What is Wrongful Death?

Unfortunately, nursing home abuse and neglect can sometimes lead to death. If your loved one passed away because of elder abuse, a nursing home abuse lawyer on our team can help you file a wrongful death claim. These claims provide financial compensation to the family members of the deceased. The money can be used for funeral costs, burial expenses, medical bills, and more.

While a wrongful death claim won’t bring your loved one back, it can help you and your family seek justice on behalf of your elderly loved one. A personal injury lawsuit can also help raise awareness about nursing home abuse to ensure that the liable party does not hurt anyone else in the future.

If you would like to seek a wrongful death case, our legal team can help. We will investigate the wrongful death claim and find medical records and other evidence to prove your case. We will then file a lawsuit on your behalf against staff members or the nursing home. By representing you in court, we can get you the outcome you deserve.

How Do You File a Nursing Home Abuse Claim?

If you suspect your loved one is being mistreated in a nursing home, our lawyers can help you. We will stay by your side to protect your loved one and make the process easier for you and your family.
the steps for filing a nursing home abuse claim are as follows:

• Calling the authorities to notify them of the abuse
• Getting your loved one to a safe place
• Gathering evidence to identify the liable parties
• Requesting medical records to prove the extent of your loved one’s injuries
• Gathering other documentation to provide proof of financial exploitation, if necessary
• Filing a lawsuit against the guilty parties
• Representing you in all legal proceedings
• Answering your questions and being there for you and your loved one

We understand how devastating it can be to discover your loved one has been mistreated in a nursing home. We are dedicated to providing experienced representation so you and your loved one can seek justice. For more information about filing a nursing home abuse claim, contact our law office today.

What Kind of Damages Can I Receive in a Personal Injury Case?

Like other personal injury claims, nursing home abuse cases provide financial compensation for any losses you and your family have suffered because of nursing home abuse or neglect. In your nursing home abuse claim, you can name a specific staff member, staff members as a whole, or the nursing home itself.

The damages you and your loved one claim will depend on the circumstances of your case and the extent of your loved one’s injuries. An elder abuse lawyer on our team will help you calculate the full extent of your damages.

Generally, victims seek compensation for the following:

• Medical treatment, both current and future
• Pain and suffering
• Emotional distress
• Mental anguish
• Financial losses due to exploitation

Nursing home injuries can cause residents to take on thousands of dollars in medical bills. Medical treatment is one of the largest items in a nursing home abuse case. If your loved one was forced to receive medical treatment after physical abuse or neglect, they can get their medical bills paid for by pursuing a claim for compensation.

Similarly, medical malpractice can also lead to compensation. If staff members gave your loved one incorrect medication or an incorrect dosage and it resulted in injuries, your loved one could be entitled to compensation. For more information about your personal injury claim and the damages you can seek, contact our law firm today.

What Can a Nursing Home Abuse Attorney Do for Me?

We understand how traumatic it can be to discover your loved one has faced abuse or neglect at a care facility. The staff members who have promised to treat your loved one with kindness and respect broke your trust, leading to distress and physical pain. By seeking legal compensation, you can hold liable parties accountable for what your loved one has gone through while recovering financially.

Our team at HMW Law has years of experience helping clients with nursing home abuse cases. We are confident that we can help your loved one seek justice. For more information and to speak with a team of nursing home abuse lawyers, contact our law firm at 216-369-1352 today.