Fremont Nursing Home Abuse Lawyer
When you make the difficult decision to place a loved one into a nursing home or assisted living facility, it is more than reasonable to expect they will receive the utmost level of care. This includes care designed to not just provide for medical necessities, but also the presence of competent and compassionate staff.
Unfortunately, it is all too common for staff in nursing homes to resort to neglectful tactics in an attempt to make their jobs easier. Even worse, some staff members may abuse residents out of pure malice. Whenever either scenario results in a resident becoming injured, that resident has the right to demand compensation.
A Fremont nursing home abuse lawyer may be able to help. A seasoned attorney at Inkelaar Law could work to conduct an investigation into the incident, collect relevant evidence, form a demand package that asks for appropriate compensation, and represent the best interests of you or a loved one at trial.
The Legal Duties of Nursing Homes
All nursing homes are required by Nebraska law to take adequate steps to prevent abuse from affecting their residents. The Nebraska Department of Health and Human Services maintains an elder abuse hotline where any concerned citizen can report a nursing home for abusive behavior. However, while the State may take steps to investigate and punish abusive practices in nursing homes, they cannot provide compensation to the residents themselves.
To accomplish this, a resident, their family working on their behalf, or a nursing home abuse attorney in Fremont, must pursue a personal injury lawsuit against the nursing home. This lawsuit would typically allege that the nursing home was negligent in their duty to protect the wellbeing of the resident. It can demand compensation for any medical costs associated with treating the injury, as well as compensation for any lost quality of life sustained due to the abuse.
Aside from proving nursing home negligence, you must also be sure to file such a case on time. A Nebraska law known as the statute of limitations controls when a court would hear a case. According to Nebraska Revised Statute §25-207, plaintiffs must act within four years of the date that they discover the abuse to have a valid case.
Examples of Nursing Home Abuse and Resulting Injuries
Nursing home abuse can result from intentional acts of violence as well as systematic neglect. It is far more common, though no less serious, for staff neglect to cause an injury. If staff fail to meet a resident’s dietary needs, allow a resident to slip and fall in the shower or do not turn a patient who is bedridden on a consistent basis, this neglect can result in serious injuries.
Even more concerning are allegations that a staff member has intentionally harmed a resident. All nursing homes should have protocols for how to physically handle residents as well as how to stimulate their minds. Any form of physical, mental, or emotional abuse that affects a resident’s health can form the basis of a personal injury claim.
Common examples of injuries due to nursing home abuse include broken bones, dehydration, dangerous weight loss, bed sores, and concussions. A Fremont nursing home abuse lawyer could help you investigate the sources of these injuries and to pursue at-fault nursing homes for compensation.
Let a Fremont Nursing Home Abuse Attorney Help
Residents of the nursing homes in Fremont and throughout Nebraska are some of the most vulnerable members of our society. On top of having physical ailments that require constant medical care, these people are often suffering from reduced mental capacity. This sometimes leaves them vulnerable to abusive practices and unable to defend themselves.
Thankfully, residents who are injured due to the abusive practices of nursing homes could work with their families and dedicated attorneys to file lawsuits and recover compensation. Whether maltreatment occurs as the result of an intentional attack or comes about from systematic neglect, a Fremont nursing home abuse lawyer could help you pursue such a claim. Call Inkelaar Law today to see how we could help you.