When you place your loved one in a nursing home or assisted living facility, you assume they will receive high-quality care that will help them maintain their quality of life. Unfortunately, this is not always the case. In some cases, nursing homes or assisted living facilities may abuse your loved one, rather than providing adequate care. If your loved one has been abused in a nursing home or assisted living facility, you need legal help to make sure that they receive full compensation. Contact the Hughey Law Firm today at (843) 881-8644 to learn more about how we may be able to help.
Our Hard Work Shows
At Hughey Law Firm, we have extensive experience in a wide range of personal injury cases, including instances of nursing home abuse. In some cases, we have been able to obtain settlements or judgments for our clients totaling more than $1 million. In total, we’ve recovered more than $115 Million for our clients.
The amount your loved one may be entitled to receive can depend on the circumstances of the abuse and the extent of the injuries suffered, among other factors. Though we cannot guarantee a particular result, we can promise that we are a dedicated legal team that fights for adequate compensation for all of our clients.
What Injuries Are Caused by Nursing Home or Assisted Living Facility Abuse?
When nursing homes and assisted living facilities accept new residents, they commit to provide them with a certain level of care. This care includes ensuring that abuse and neglect never happen at the hands of the individuals responsible for taking care of the facility’s residents. In some instances, however, residents of nursing homes or assisted living facilities may be abused or neglected by their caregivers.
Physical abuse results when an elderly individual is physically harmed by a caregiver. Physical abuse may lead to several types of injuries, including:
- Broken bones;
- Burns; and
- Soft tissue damage.
Emotional abuse is the manipulation of an elderly individual’s emotions for a desired response. This may include treating the elderly person with anger to force compliance with caregiver demands, manipulating an elderly person’s emotions to evoke feelings of sadness, or treating an elderly person with indifference.
Sexual abuse takes place when unwanted sexual contact is forced on a senior. This may include unwanted contact with genitals, forced penetration, or forced sexual acts. Sexual abuse can lead to emotional trauma as well as infections, bruising, and physical damage.
Neglect is one of the most common forms of abuse in nursing home settings. Neglect results when caregivers, typically those employed by the nursing home or assisted living facility, fail to provide adequate care for the individuals residing in the home. Neglect can result in:
- Bed sores;
- Increased illness; and
Liable Parties in Nursing Home or Assisted Living Facility Abuse Cases?
Nursing homes and assisted living facilities have a duty to provide adequate care to their residents. When abuse or neglect occurs in these facilities, the facility may have legal liability for any injuries that occur, especially if the facility fails to enforce policies or procedures designed to prevent abuse and neglect. The individual responsible for the abuse may also be held personally liable in certain instances. Working with an experienced nursing home and assisted living abuse attorney can help you determine who is responsible for the injuries your elderly loved one suffered.
The Damages Due to Victims of Nursing Home or Assisted Living Facility Abuse
If your loved one has suffered abuse at a nursing home or assisted living facility, consulting with an experienced attorney can help you more effectively determine what damages your loved one may be able to recover. There are, however, several common types of damages often recovered after these types of abuse.
- Medical costs associated with the abuse. If the abuse has led to the need for hospitalization or other medical care, you may be entitled to recover funds to pay for those medical costs, including for long-term or palliative care.
- Pain and suffering may have been substantial throughout the term of abuse and as your loved one was recovering. You may be able to recover damages for the pain your loved one suffered, both physical and emotional.
- Funeral and burial expenses can be recovered if your loved one passed away as a result of abuse or neglect in a nursing home or assisted living facility.
Why You Need a Lawyer to Fight for You
Following an incident of abuse, nursing homes and assisted living facilities may attempt to avoid their liability and to reduce the amount they will be responsible for paying. They may attempt to:
- Deny responsibility for the abuse. The facility may attempt to prove that they took all necessary, responsible measures to prevent abuse. They may try to place responsibility in the hands of a single abuser, or they may try to shift responsibility to someone not employed by the facility.
- Offer a lower settlement offer than your loved one’s injuries deserve. In some cases, the nursing home or assisted living facility may offer an immediate settlement after your loved one has sustained an injury. This amount, however, may not be adequate to cover the injuries your loved one suffered or other expenses associated with the abuse.
- Ignore or Frustrate You. Nursing homes and assisted living facilities, in an attempt to frustrate you into not pursuing a claim, may either completely ignore you or not be forthcoming with information regarding your loved one and the potential abuse they have suffered. In instances such as these, retaining an experienced attorney may help you get the full story as to what happened to your loved one.
If you were offered a low settlement offer or the nursing home or assisted living facility attempts to deny liability, working with an experienced attorney can help you protect your elderly loved one’s rights.
Get Legal Help After Nursing Home Abuse in Summerville
Nursing homes and assisted living facilities are expensive. Dealing with abuse in that facility shouldn’t leave you struggling financially. At Hughey Law Firm, offer all potential clients a free consultation. In cases regarding nursing home and assisted living abuse, we accept clients on a contingent fee basis, in which we only receive payment out of any settlement or judgment we recover on behalf of our client.
If your loved one suffered abuse or neglect in a nursing home or assisted living facility, don’t wait to get help. Email the Hughey Law Firm today at (843) 881-8644 to schedule your free consultation.