It’s never easy to find out that your elderly relative is being abused by a caretaker, but if this happens to you, it’s important to know that there is a local nursing home lawyer Tysons VA trusts who may help. At Cohen and Cohen, P.C., we believe it’s important for the victims of nursing home abuse (and their families) to receive exceptional legal counsel when they choose to take legal action. We’re proud to provide our clients a nursing home lawyer Tysons VA residents can count on, even when cases become very complex.
Some cases of nursing home abuse and neglect are easier to argue in court than others. Every case involving nursing home abuse is unique, and the smallest details can have a big effect on the outcome of a case. If you are considering contacting a nursing home lawyer Tysons VA can provide, you probably have plenty of questions about what a lawsuit might entail.
When You Suspect Elder Abuse: Initial Steps
As an experienced Tysons VA nursing home lawyer might explain, the most important thing to do if you suspect that your relative is being abused is to get him or her to safety. This is a critical step if you believe that your loved one is in immediate danger, or requires immediate medical care.
If your relative has informed you of the abuse, you might wish to take various steps to corroborate the facts of the situation. This might entail taking notes about what your relative tells you, talking to staff members at the facility, or even talking with other residents in the facility who are able to confirm facts. Many nursing homes and long-term care facilities make sure to keep detailed records and reports of incidents in which a resident was injured or fell ill, so you may be able to request this information from the facility’s administrative staff.
Some cases of elder abuse are difficult to argue in court because there is so little concrete evidence. This increases the risk of creating a “he said, she said” debate that provides no answers. However, it is sometimes possible to collect evidence of continuous abuse from security cameras or from cellphone videos.
If you aren’t entirely sure whether or not your relative is being harmed, this is not abnormal, and there’s no reason to feel ashamed or guilty. Many families speak with a nursing home lawyer Tysons VA has to offer because they aren’t sure how the law can protect elderly adults. The signs of nursing home abuse and neglect are often difficult to spot — even physical abuse can be wrongly interpreted as the result of an unintentional accident. If you have any reason to suspect that your loved one is the victim of an abusive or negligent caretaker, it is often recommended to be cautious and make inquiries, rather than waiting it out.
Legal Protection for Nursing Home Negligence
Some families do not realize that negligence in a nursing home may be just as punishable as abuse in this setting. Of course, this doesn’t mean that all accidents in a nursing home are indications of neglect. Older adults are simply more prone to fall ill or be injured in an accident, and there’s no way to eliminate every single risk. State laws protect nursing home residents by requiring that these facilities provide a certain standard of care. When a nursing home fails to provide adequate care to residents, however, it might be considered neglect.
Neglect can come in many forms in a nursing home or assisted living facility, as a seasoned nursing home lawyer Tysons VA residents recommend might attest. Negligence could include:
- Medication errors
- Lack of proper hygienic care
- Lack of medical care
- Failure to abide by residents’ dietary restrictions
- Malnutrition and/or dehydration
- Failure to provide residents with adequate social activities
- Poor environmental and living conditions that cause physical injuries (e.g., sharp table corners or sudden steps)
Even when nursing home staff isn’t purposely failing to provide adequate care, this negligence can place residents in a great deal of harm. In many cases, the nursing home facility may be understaffed or provide inadequate training to staff members, rendering them unable to care for each resident fully. This may still be considered neglect, and the facility might be held responsible.
Legal Claims for Nursing Home Abuse and Neglect
It is essential to keep in mind that the details of each case will determine whether it would be best handled in criminal court or civil court. A criminal offense, such as sexual abuse or physical abuse, might involve a criminal case. Financial exploitation is another type of elder abuse that is often brought to court.
Individual victims and their families might also choose to pursue damages in civil court for criminal charges, particularly if it is advised by a nursing home lawyer in Tysons VA. Cases that involve negligence, but do not involve criminal offenses, might also qualify as civil court cases. This type of lawsuit is generally called a personal injury claim, and when successful, the plaintiff could collect financial compensation for the injuries. In cases where a nursing home facility caused harm to many residents, it might be feasible for these individuals and their families to engage in a single class action lawsuit with a skilled nursing home lawyer Tysons VA can provide.
Contact a Local Nursing Home Lawyer Tysons VA Residents Trust
Nursing home abuse and neglect may be more common than you realize, but it is also unlawful in all 50 states for caregivers to abuse elderly individuals. If your loved one has been the victim of abuse or neglect in a nursing home, your family may be entitled to receive compensation for this pain and suffering.
No amount of money can possibly take away the pain of elder abuse; at Cohen and Cohen, P.C., we know this. Nevertheless, we also know that a financial settlement can assist families who are in the process of helping their loved ones to heal. If you would like to speak with a local nursing home lawyer Tysons VA trusts about your own situation, contact Cohen and Cohen, P.C. today.
