FAQ's about Nursing Home Negligence and Answers from a Nursing Home Lawyer

Question: How do I know if my loved one is the victim of nursing home abuse or neglect?
Answer: Sometimes this is difficult, particularly if your loved one has trouble communicating with you.  However, you can look for physical signs of abuse, such as bedsores, bruises, infections, or unexplained weight loss.  Other signs of abuse are subtle and may include unusual mood changes, social withdrawal, or depression.  Try to determine if your loved one is trying to let you know something is wrong.  Even if he or she cannot tell you, if you suspect abuse or neglect, take action immediately.

Question: How long do I have to file a legal claim for damages on behalf of my loved one?
Answer: This depends on the time when abuse or neglect was discovered and a number of other complicated legal factors.  In general, if you suspect abuse, you should consult an attorney immediately. 

Question: How much money can my loved one expect from a legal claim?
Answer:  Each case is different and must be evaluated separately.  Several factors may affect the value of a case, including the type and extent of injury, the actions or omissions of the nursing home, and the evidence of negligence and causation.  Therefore, you need an experienced attorney who can evaluate the individual circumstances of your claim.

Question: How long will a lawsuit take until resolution?
Answer:  Again, every claim is different.  In general, the process is lengthy.  While most claims settle before a trial, the normal process legal does take time. 

Question: How can I prove a case on behalf of my loved one, if he or she is not able to testify about what happened?
Answer:  Often, nursing home abuse or neglect cases involve a victim who has trouble communicating.  Sometimes, that individual already passed away.  However, this does not stop a lawsuit against the nursing  home that caused injury or death.  An experienced attorney will scour the medical records, consult medical  experts, question witnesses, and take other steps to establish a proper claim.

Question: What should I do if I am afraid that nursing home staff will hurt my loved one more, if we make a claim against that facility?
Answer:  If you do not make a claim, it is possible that the abuse or neglect will continue -- or get worse.  Moreover, other residents of the nursing home may at risk of similar treatment.  Ask an attorney for a confidential legal consultation, express your concern about retaliation, and discuss the best way to protect your loved one.

Question: I suspect that my loved one is not getting enough food or water.  How do I know for sure?
Answer: You should look for any of the telltale signs of malnutrition or dehydration, including loose-fitting clothes, cracks around the mouth, pale lips, dentures that no longer fit, thinning hair, disorientation, sunken eyes, skin problems, or abnormal weight loss.

Question: My relative has a bedsore, but staff at the nursing home says that sometimes these things just happen.  What should I do?
Answer:  While it is possible for a bedsore to occur despite the best care, a bedsore is a classic indicator of possible neglect.  You should consult an attorney immediately for help making the proper inquiries on your loved one's behalf.

Question: There are never any nurses on duty when I visit my loved one.  Is there a way to determine if the facility has enough qualified staff?
Answer: Federal and state regulations for nursing homes require adequate staffing.  If you suspect a facility lacks a large enough number of qualified staff, you should notify the proper authorities and seek legal assistance.

Question: How expensive will it be to make a legal claim on my loved one's behalf?
Answer: Our law firm pursues nursing home cases on a “contingency fee” basis.  In other words, we charge no attorney fee, until and unless we are successful in the claim on behalf of your loved one.

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