As one of our largest generations ages, more and more people are entering nursing home facilities. According to the CDC, there are 1.3 million residents living in nursing homes in 2020 across the United States. Unfortunately, that means the cases of older adults who fall victim to abuse or neglect by those charged with caring for them are increasing as well. Call our Philadelphia nursing home negligence lawyers at 215-587-0038 to understand your legal rights pertaining to the care and treatment of your loved one in a nursing home.
What Are Some Examples Of Nursing Home Neglect?
Nursing home neglect is a form of elder abuse in which there is substandard care of nursing home residents or a breach of duty by the nursing home that results in harm to residents. According to the WHO, around 1 in 6 people aged 60 and older experience some form of abuse in community settings each year. Your Philadelphia-area nursing home neglect lawyer will explain that nursing home neglect includes:
How Do You Prove Nursing Home Neglect?
Nursing home neglect is notoriously difficult to prove which is why you should contact a Philadelphia nursing home neglect lawyer today if you suspect your loved one is being mistreated. What makes proving nursing home neglect especially difficult is that nursing home residents are often unable to adequately voice their concerns or express the extent or cause of their suffering.
The Philadelphia nursing home abuse lawyer at Zafran Law Group will need to make the case that the nursing home had a duty of care for your loved one, that the nursing home breached these duties, and that the breach of these duties resulted in neglect that caused harm to your loved one.
What Questions Should I Ask A Nursing Home Neglect Lawyer?
- What are the signs of nursing home neglect?
- Is nursing home neglect considered medical malpractice?
- Do you have a case and if so, what type of compensation could you receive?
- What is their experience with cases of nursing home neglect?
- What are the legal fees?
- How long will the legal process take and what are the next steps?
What Kind Of Lawyer Do I Need For Nursing Home Neglect?
According to experienced Philadelphia nursing home abuse lawyers, nursing home neglect cases can take anywhere from 18 to 24 months to resolve. If you suspect your loved one is a victim of nursing home neglect, call a Philadelphia nursing home negligence lawyer.
It’s imperative you hire a Philadelphia nursing home abuse lawyer because these claims can be exceptionally difficult to prove. The Philadelphia nursing home negligence lawyer at Zafran Law Group have the expertise to file successful civil or criminal lawsuits against nursing homes.
What Are The Signs Of Nursing Home Neglect?
Nursing home neglect can be devastating for residents and their families, often resulting in emotional and mental harm. It’s important to recognize the warning signs early to protect your loved ones. Common indicators of nursing home neglect include:
- Poor personal hygiene (unclean clothing, unwashed hair, body odor)
- Untreated bedsores or pressure ulcers
- Sudden weight loss or dehydration
- Unexplained injuries (bruises, cuts, or fractures)
- Unsanitary living conditions (dirty bedding, floors, or restrooms)
- Withdrawal or depression in the resident
- Lack of mobility assistance, leading to increased falls
- Ignored medical needs or untreated infections
- Malnutrition or unexplained hunger
- Emotional distress or changes in behavior (anxiety, fear)
If you notice any of these signs, it’s important to take action immediately. Zafran Law Group’s experienced Philadelphia nursing home abuse lawyer is here to help you understand your legal rights and hold negligent facilities accountable.
Which Kind Of Compensation Is Given In Nursing Home Negligence Cases?
In nursing home negligence cases in Philadelphia, the type of compensation you might receive can vary based on several factors, including the specifics of the case and the extent of the harm suffered. Generally, compensation could potentially cover medical expenses, pain and suffering, and emotional distress. Additionally, you might seek damages for any loss of quality of life if the negligence was particularly egregious. It’s important to consult with a Philadelphia nursing home negligence lawyer to understand the potential types of compensation specific to your situation.
How Long Does A Nursing Home Lawsuit Take And What Are The Next Steps?
The duration of a nursing home lawsuit can vary widely depending on the complexity of the case, the extent of the negligence, and the legal process involved. Generally, it can take several months to a few years to resolve a nursing home lawsuit. Here’s a general outline of the process and the next steps:
- Initial Consultation: Meet with a lawyer to discuss the details of the case and determine if there is a basis for a lawsuit.
- Investigation and Evidence Gathering: The lawyer will collect evidence, including medical records, witness statements, and other relevant information.
- Filing the Lawsuit: If the evidence supports the claim, the lawyer will file a formal complaint in court against the nursing home or responsible parties.
- Discovery Phase: Both parties exchange information and evidence related to the case. This phase may involve depositions, interrogatories, and document requests.
- Negotiation and Settlement: Many cases are resolved through settlement negotiations before going to trial. Both parties may agree on a compensation amount without a formal court decision.
- Trial: If a settlement cannot be reached, the case proceeds to trial. Both sides present their evidence and arguments, and a judge or jury makes a decision.
- Post-Trial: After the trial, there may be appeals or additional legal motions if either party is dissatisfied with the outcome.
The process can be lengthy and complex, so it’s important to work closely with a knowledgeable Philadelphia nursing home negligence lawyer to navigate the legal system effectively and ensure your case is handled properly.
Is Nursing Home Neglect Considered Medical Malpractice?
Nursing home neglect is not always classified as medical malpractice, although there can be overlap. Medical malpractice specifically refers to negligent actions or omissions by healthcare professionals that lead to harm, such as misdiagnosis or improper treatment. Nursing home neglect, on the other hand, generally involves a broader range of issues, including inadequate care, poor living conditions, and failure to meet the basic needs of residents. While neglect can be a form of malpractice if it involves medical care, it is often addressed through different legal avenues related to elder abuse and neglect.
How To Find A Lawyer Who Specializes In Nursing Home Neglect?
Contact Zafran Law Group to speak to an experienced Philadelphia nursing home neglect lawyer today. Our highly qualified nursing home neglect attorneys will consult with you about the possible neglect of your loved one and determine if a claim can be filed.