When Do You Need A Nursing Home / Elder Abuse Lawyer

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Elder abuse is an extremely difficult issue to deal with, because it can be hard to detect. Especially when the elderly person in question is living in a nursing home or other care facility, where family members may not have the opportunity to observe the care they receive on a regular basis, abuse and neglect can easily be hidden. If a loved one visiting the elderly person does notice a sign or symptom say, a bruise, fractured or broken bone, or behavioral or mood change that may indicate the occurrence of abuse, it may be too late; by then, the abuse has probably been occurring for far too long. In this instance, however, the person should immediately address their concerns with the staff and administration at the facility, as well as with a qualified and compassionate elder abuse or nursing home lawyer.

Evidence of negligence, medical errors, insufficient staffing, and abuse are all reasons to file legal claims. However, before claims can be filed, you must document all instances. Word-of-mouth reenactments are not enough to legally hold nursing homes accountable. A paper trail is needed when you suspect abuse is currently occurring or has occurred. Keep detailed logs of all observations, including untreated ulcers or sores, untrained staff, broken bones, infections, bruises, cuts, and any other verbally or mentally abusive behavior. Be sure to date each observation, and bring them to your attorney.

Once you have collected documents, and abuse is persisting, you should research attorneys that specialize in these types of cases. During a consultation meeting, which will usually be free of charge, a lawyer can review your evidence and determine if you have a case. If sufficient evidence confirms suspicions of abuse, it may be time to hire your chosen attorney to formally file complaints within your district attorney's office. Once complaints are filed and other contacts are made, your attorney can then locate an investigator to handle the case. It is best to leave these tasks to your attorney, as he or she has had years of experience in these situations and has many references available. Pursuing these resources alone is a risky endeavor, and it is unlikely that the outcome will be in your favor.

If the findings of the investigation suggest malpractice, abuse, or neglect within the establishment, your attorney is responsible for walking you through legal procedures necessary for filing a formal lawsuit. An attorney can help you understand the process of court hearings, litigation procedures, and compensations that might be awarded. Moreover, an attorney can fight for the rights of your family member and ensure that justice prevails.

It is important for you to have a lawyer working for you, regardless of what stage you are in. Lawyers have the ability to ease your stress and help you through this trying time in your life. All too often, elder abuse cases are overlooked because victims are not able to establish their rights. This is a challenging situation because you must act as an advocate for another person. You need a lawyer who is sympathetic to your needs as well as the interests of your loved ones. A qualified attorney with experience in the field can instruct you on how to document evidence and file complaints, and ensures a proper investigation is conducted. If investigation results are not up to par, you are not without hope. Your attorney can help you file appeals until reasonable outcomes are achieved and a court rules in your favor.


Legal•Info State Elder Abuse Information

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