The elderly are often seen as vulnerable in our communities as they become more dependent on other people in order to survive. As a result, hundreds die through wrongful deaths, neglect, abuse and even financial fraud when they are put into a nursing home by their relatives.
There are many examples of abuse which often go unnoticed by busy relatives. These include, failure to clean and bathe, allowing bedsores, malnutrition, over medication, wrong medication and falls. Because people are entrusted to provide care, they owe a duty of care to individuals. Any breach of this duty, which results in damages, allows a possible recovery through a negligence lawsuit.
Throughout the US, courts routinely decide lawsuits where a relative finds an elderly family member residing in a nursing home neglected or abused.
Victims’ families should make written notes of the signs of the abuse. Taking photographs of bed sores, poor hygiene conditions, bruising from physical abuse or anything else is always a good idea.
If the neglect is minor then it is worth alerting the manager or owner of the facility. If no improvement takes place or the situation worsens, further action may be required.
If the abuse is physical such as bruising from beating, families should report the matter to the police. If a case of neglect, fraud or sheer abandonment, families can file a nursing home complaint with the State Department of Health Services.
Ultimately, families may be entitled to file a lawsuit for negligence against the nursing home. If a death has taken place a wrongful death lawsuit may also be a possibility.
Most personal injury lawyers work on a contingency fee basis so no upfront legal fees are required as these will be paid out of the lawsuit’s settlement. Many offer a free consultation so clients cannot lose by seeking advice.
Persons who are involved in a lawsuit against a nursing home often find that the lawsuit takes longer than expected to reach settlement. During this time, many litigants are forced to take lower settlement offers because of limited financial resources.
Lawsuit funding exists to help litigants weather the financial storm while waiting for the case to settle. Also known as settlement funding, lawsuit funding contracts are financial transactions where the litigant sells a portion of the future proceeds of the case. The lawsuit “funder” advances money for the lawsuit immediately so it can be used for things such as rent payments, car payments, insurance premium, groceries or any other expense. In fact, there are no restrictions whatsoever on the its use.
Pre settlement loans can be used for anything and no credit checks are required as the lawsuit loan company purchases a portion of the lawsuit settlement in advance. The advance is only repaid if and when the lawsuit settles. If the case is unsuccessful, there is no repayment. Lawsuit funding is non recourse.