Nursing Home Negligence: Why You Need To Hire A Personal Injury Lawyer

When an elderly person is placed in a nursing home or assisted living facility, it is the caretakers' responsibility to ensure their safety and wellbeing at all time. Nursing home negligence, unfortunately, is on the rise and if you suspect a relative or friend has suffered it may be time to call a personal injury lawyer. In addition to neglect within a paid care setting, even relatives that have taken on the task of caretaker can become abusers. Regardless of the source of neglect or abuse, there are legal remedies to the situation. 

If the victim in question is mentally incapacitated, it may be difficult to discern through conversation alone whether or not there has been neglect. There are, however, several signs that can reveal abuse such as noticeable depression and withdrawal from their normal activities, refusal to perform daily routines such as hygiene or dressing, visible bruising or other unusual marks on the skin, drastic weight loss and an overall fear or anxiousness during visits. Many victims will be afraid to speak out against abusers due to threats, so even a cognitively aware person may be tight-lipped about any maltreatment. If you do believe there is a problem, it is important to document all incidents and details you observe, the date and time, and if possible, find out which employees were working during a particular event of importance. 

Not all cases of elder abuse occur within paid care facilities. It is actually more common for an elderly person to suffer from neglect at the hands of a relative rather than in a controlled environment. Due to familial ties, fear, and lack of options, many victims will not speak out against the perpetrators. Adult children of the elderly are most often the primary caretakers and therefore are also more likely to neglect their parents. In some cases it is due to family history and the now grown child is seeking "revenge" for past wrongs. Other instances can be due to control issues, with money and inheritance playing a central role. Regardless of the motives, those with the victim's best interest in mind still have a right to assist them with seeking legal help in order to rectify the situation and improve their quality of life. 

Filing a case of neglect is a serious matter, so it is important to be certain of the facts. Consulting with a personal injury lawyer can help you determine if you have a case or if there isn't sufficient enough evidence. Support for your case can include statements from the abused, photographs of physical evidence such as bruises and bedsores, proof of insufficient facilities or supplies, medical reports, and violations of state nursing home practices. Even if the durable power of attorney has been passed on to the abuser, there are still actions you can take to help a victim receive justice. Since abuse can spiral out of control quickly, it is important to seek assistance from a personal injury lawyer immediately before it is too late.