Families who place a loved one in the care of a nursing facility likely do so with the expectation that he or she will receive appropriate care. It is not an easy decision to make, and families often struggle with knowing whether or not they made the right choice.
The intent of nursing facilities and long-term care residences is to provide physical and medical support for those who cannot care for themselves.
If you learned that your loved one was not receiving the right care or was even experiencing abuse, you may feel outraged on his or her behalf. As devastated as your family may be, there are things you can do, including take legal action. Nursing home abuse or neglect in any form is unacceptable, and you can hold liable parties accountable for your loved one’s suffering.
How do you know if you have a case?
You may feel helpless and unsure of what to do upon learning that your loved one is a victim of nursing home abuse. In many cases, it is appropriate to file a civil claim against the liable parties, which may include the facility itself and other individuals. You may have a valid claim if you can prove the following:
- Your loved one suffered harm because of negligent supervision and care.
- The facility hired individuals without the proper training, experience or licensing.
- The nursing home did not maintain the premises, leading to hazards for residents.
- Negligent maintenance of equipment led to the harm of your loved one.
When building a civil claim, you will have to provide documentation that validates your claims. This includes anything that proves the nursing home and other parties are directly responsible for your loved one’s physical, emotional or financial harm.
Fighting for your loved ones
You have the right to fight for the best interests of your loved ones, especially those who cannot speak for themselves.
Victims of nursing home abuse are often reluctant to speak up about what happened or are unsure of exactly what they experienced. If you have questions and concerns, you can discuss these things with an attorney.
Your family does not have to walk through the aftermath of these concerning events alone. It may be beneficial to seek guidance as soon as you learn there is a problem. This can help you understand your options and move forward with the appropriate course of action.