Elder abuse has become a major cause for concern. The World Health Organization reports that one in six people over the age of 60 has experienced some form of elder abuse during the past year and that two out of three staff members in nursing homes report that they have committed abuse in the past year.
There are many types of nursing home abuse, and it is not always the physical abuse that comes to mind when we hear about elder abuse. Often abuse comes in the form of abandonment, when the caregiver does not provide adequate care for the elderly patient. When this occurs, it is usually the result of understaffing. It can have serious and even life-threatening complications for patients, since simple tasks like shifting patient positions to avoid bedsores can be overlooked.
If your loved one suffered injuries or passed away because of abandonment in a nursing home, you may be entitled to compensation for your losses. The team at Pintas & Mullins Law Firm is here to help.
We want to make sure that you and your family do not suffer from further injury or losses. For a free evaluation of your case, contact us now. Our team works on a contingency-fee-basis, which means you pay nothing out of pocket or upfront. We take our fee from the settlement you receive. If you get nothing, we get nothing. Contact us today at (800) 201-3999.
Types of Nursing Home Abandonment
In 2015, there were nearly 1.3 million people receiving nursing home care in the U.S. When nursing homes are understaffed, essential medical tasks can be overlooked. Some common examples of this are:
- Failing to turn or shift patients to prevent bedsores.
- Failure to check on patients regularly to meet their needs.
- Failure to give medications on schedule or at all.
- Failure to provide help with everyday activities.
- Not responding to a patient’s call in a timely manner or ignoring it altogether.
- Not providing adequate nutrition or failing to help patients who require assistance with eating.
Even in instances where the staff cares about the patients, but do not have the time or training to provide proper care for your loved ones, it is still considered abandonment. In many of these cases, especially in situations where the abandonment is unintended, the liability falls on the administrators of the nursing home who allowed the understaffing to happen and continue.
If your loved one received injuries because of abandonment in a nursing home, you may be entitled to recover compensation for their injuries. Contact Pintas & Mullins Law Firm today at (800) 201-3999 for a free, no-risk review of your claim.
Recoverable Losses After Abandonment in a Nursing Home
While every case is different, there are some common types of losses that victims are able to recover in these cases include:
- Medical costs, including ambulance rides, hospitalization, surgical procedures, medication, doctor’s examinations, and treatments.
- Pain and suffering.
- Emotional distress.
- And others if you qualify.
If your loved one died as a result of the seriousness of his or her injuries, your family may be entitled to:
- Lost wages from time away from work caring for your loved one.
- Medical costs left to your family.
- Out-of-pocket expenses.
- Pain and suffering.
- Funeral and burial costs.
- Loss of consortium.
If the behavior of the nursing home staff or administrators is serious enough, the court may decide to award punitive damages. The purpose of punitive damages is to discourage the nursing home from behaving in this manner ever again.
Laws That Can Impact Your Claim
Every state has a statute of limitations that imposes a deadline on the amount of time you have to pursue compensation through a personal injury or wrongful death lawsuit. Missing this deadline could impact your ability to recover awards. The statute of limitations begins on the date the injury was discovered in personal injury cases and on the date your loved one passed away in wrongful death lawsuits.
While establishing the discovery date of an injury may be easy in some cases, such as if your loved one fell on a specific date, in other cases, it can be more difficult to determine. A lawyer can help explain how the statute of limitations will affect your claim in these situations.
How the Team at Pintas & Mullins Law Firm Can Help
We understand how painful it can be if you find out that your loved one suffered injuries because of abandonment in their nursing care facility, regardless of whether it was intentional. We understand that you likely want justice for their injuries, and we are here to help.
If you are eligible, we can help in a number of ways:
- Investigating the details of your case to determine who was liable for your loved one’s injuries.
- Gathering evidence to build a strong case, including medical records, video surveillance, eyewitness statements, and other types of evidence.
- Obtaining copies of bills, receipts, and other documents that show the extent of your financial losses.
- Calculating the total value of your claim so we know what a fair settlement would be for your family.
- Negotiating with the insurance company to pursue compensation to the fullest extent of your injuries.
- Taking your case to trial if we cannot reach an agreeable settlement outside of court.
Our team is here to help from start to finish, providing you with the support you need, answering your questions, and offering legal guidance. We will help you avoid potentially costly mistakes and communicate with the insurance company and the at-fault party’s lawyer on your behalf.
We are here for you. For a free, no-risk consultation to find out what options you have for recovering compensation for your losses, contact Pintas & Mullins Law Firm today at (800) 201-3999.