When you make the mindful decision to place your loved one in a nursing home, you may trust the facility to provide safe, professional care. So you may be left shocked, not to mention completely devastated, when an accident occurs, or otherwise signs indicate that the facility’s staff have been acting neglectful or abusive. Of course, since your loved one is likely vulnerable and unable to defend themselves, you may want to act on their behalf and hold the facility accountable legally. With that being said, please follow along to find out whether you can sue for nursing home neglect or abuse and how one of the proficient Monmouth County medical malpractice attorneys at Wilton Law Firm can fiercely protect your loved one alongside you.
First of all, you must understand the legal distinction between neglect and abuse so you know what language to use in your lawsuit filing. On the one hand, neglect in a nursing home may be seen when a staff member fails to provide the care needed to keep your loved one safe and healthy. For example, they may fail to reposition your loved one on their bed, causing bedsores. Or, they may fail to respond to your loved one’s request for assistance to go to the bathroom, leading to a fall.
On the other hand, abuse in a nursing home may be seen as a staff member enacting intentional harm. Or otherwise, exhibiting behavior so reckless that it is a clear disregard for your loved one’s safety. This may be physical, emotional, sexual, or financial in nature. As one example, they may withhold medication from your loved one as punishment, promoting serious health complications. In short, neglect is inaction while abuse is deliberate mistreatment.
In short, as a concerned party for a nursing home resident, you may file a civil lawsuit against the facility for neglect or abuse. Here, you may seek the recovery of unnecessary medical expenses, physical discomfort and emotional distress, loss of dignity, diminished quality of life, and other damages directly related to your loved one’s accident event or experience. In the tragic case that your loved one passed away because of this, you may specifically sue for wrongful death.
Of note, if you are claiming abuse rather than neglect, this may turn into a criminal matter. That is, law enforcement and adult protective services may charge them with assault and battery, financial exploitation, endangerment, etc. You should not worry, though, as a criminal case will not replace your civil lawsuit. In fact, it may uncover powerful evidence (i.e., witness statements, surveillance footage, internal communications, medical records, etc.) that can strongly support your case even further.
The time to act is now. Please prioritize scheduling an initial consultation with one of the talented Monmouth County personal injury attorneys from Wilton Law Firm. We would be honored to represent you in your legal case.
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