Bellevue Nursing Home Abuse Lawyer

When an elderly loved ones’ health reaches a point where you need the assistance of an assisted living facility, you and your family may make the difficult decision to entrust their care to a nursing home. Fortunately, most nursing homes provide quality care for elderly residents in every respect.

However, due to operational failures like inadequate training or understaffing, certain nursing homes may not fulfill their ethical and legal obligation to appropriately look after their residents. In other facilities, employees may be actively abusive towards residents or neglect their basic needs.

The important thing to know about nursing home abuse is that you and your loved one have legal rights and recourse that one of our compassionate personal injury attorneys could help you utilize effectively. A skilled Bellevue nursing home abuse lawyer at Inkelaar Law could protect the lawful rights of the one you love and fight to hold negligent nursing homes and staff members responsible for any harm they caused.

Laws Protecting Residents from Nursing Home Abuse in Bellevue

Under the Adult Protective Services Act, seniors under the care of a nursing home facility in Nebraska must be treated with the care and attention that they are entitled to under the law. This act grants courts the discretion to enact certain orders when it is apparent that a nursing home resident is at risk of suffering physical or emotional abuse.

After abuse is reported to the appropriate government agency by a resident, their family, or a nursing home abuse attorney in Bellevue, the court may issue an emergency order for the temporary placement of the elder being abused. Through such an order, the senior in question may be placed in an alternative nursing home for up to 48 hours.

There are also broad protections in place for nursing residents under the Nursing Home Reform Act. A nursing home facility may not recognize the rights articulated in this act. It may consequently face severe sanctions, such as a directed plan of correction, civil monetary penalties, monitoring by the state, and denial of payment for new Medicare or Medicaid admissions. In many cases, these penalties may cause nursing home administrators to lose their business.

Proving Negligence in Nursing Home Abuse Cases

To prevail in a nursing home abuse case in Nebraska, you may be tasked with proving that:

  • The facility breached a duty of care owed to the resident of the facility
  • The nursing home’s breach of care, through malicious intent or out of negligence of the nursing home staff, was the cause of the resident’s injury and resulting injuries.

Depending on the facts and circumstances of the case, there may be other causes of action against the nursing home facility. In the same vein, nursing home abuse may not always be obvious, or its effects may not be discovered for some time.

It is important to note that there are strict time limits within which an injured plaintiff—or even a qualified nursing home abuse lawyer in Bellevue—may properly pursue a nursing home negligence claim. Under Nebraska Revised Statutes §25-207, you may have up to four years from the date of discovering that malpractice or negligence played a role in a loved one’s injuries to file a lawsuit on their behalf. If you or your loved one do not bring a lawsuit in court within this four-year deadline, the court may dismiss your case. Therefore, it is essential for you to reach out to a seasoned lawyer as soon as possible.

Get Professional Help from a Bellevue Nursing Home Abuse Attorney

Placing a loved one in a nursing home is a last resort for many families. However, they are often comforted in knowing that their family member will be well taken care of by the facility’s trained staff.

It can be extremely disturbing and surprising to find out that your loved one was subjected to physical, emotional, or financial abuse while you were away. A dedicated Bellevue nursing home abuse lawyer who understands the legal complexities of these types of cases could fight to obtain a degree of justice for you and your family. Call Inkelaar Law today to learn more about your legal options.