Elder care and nursing home facilities are meant to care for our senior citizens and disabled loved ones. These facilities are supposed to offer specialized medical services, daily care, and emotional support needs. Nursing home residents are especially vulnerable and deserve to be treated with dignity, kindness, and respect.
If your loved one is being neglected or abused, you are not alone. It can be stopped, and the responsible parties can and should be held accountable. At 1Law, our St. George nursing home abuse lawyers work with families of these victims to hold abusive facilities liable for the harm suffered by their loved one.
Nursing home abuse is defined by intentional or negligent acts that cause a resident or patient to experience physical, psychological or emotional harm. Though these acts may not be done maliciously, the acts are still negligent and abusive.
The World Health Organization (WHO) reports that one in six people over the age of 60 experienced some type of abuse in a community setting in 2020. Here some of the signs and elements of nursing home abuse:
These types of acts result in serious consequences to the health, well-being and longevity of the victims. The nursing homes, long-term care institutions, and the people who commit these negligent acts must be held responsible. Nobody deserves to be mistreated, especially those in vulnerable populations.
Nursing homes are a multibillion-dollar industry. It is a big business run by corporations who care more for profits than people. In many unfortunate situations, the residents become victims of abuse. Sadly, our loved ones can be at risk of abuse whether in assisted living facilities, nursing homes, or group home care settings.
Filing a lawsuit for nursing home abuse gets the attention of the facility and holds them accountable for abuses occurring under their watch. Aside from the damages that they will be required to pay to the plaintiff, they can be fined, sentenced to jail, and be the subject of further civil suits.
The facilities’ ownership will also be put on notice because their funding will be put at risk or completely removed. In order to continue their eligibility to receive funding from Medicaid or Medicare, nursing homes and other such facilities are required to follow federal rules that regulate the standards of care.
Failure to comply with these federally mandated rules puts a stop to their federal funding options and a significant amount of their income. Nursing home abuse is a serious offense and should always be reported.
Reporting elder abuse when you suspect it is not only the right thing to do, it’s the law (Utah Code § 62A-3-305). There is no need for you to offer any proof. Investigators will examine your claims of mistreatment and the facility will be looked into.
Submit or file a report with the administration of the facility. Make certain your complaint is documented by recording it on your phone or submitting it in writing to preserve the evidence of your complaint.
Utah Adult Protective Services can also be contacted when the situation is not an immediate danger or emergency. Another agency with helpful information is the National Center on Elder Abuse.
If you feel that your loved one is in immediate danger or a life threatening situation, don’t hesitate to remove them from the facility immediately. Call 911 right away. If you cannot remove them and it is safe for you to do so, stay with them to ensure proper care until the harmful situation can be resolved. Then, call a St. George nursing home abuse lawyer.
Every situation differs depending on the specific losses your loved one has sustained. The damages in a nursing home abuse lawsuit can include:
Restoring the health of your loved one can require extensive medical treatment. Any costs related to hospitalization or therapy can be included in the damages.
You may incur out-of-pocket costs for home healthcare services, traveling to doctor appointments, medical devices, and other expenses when you remove your loved one from the facility. These costs can be added to the damages in a neglect case.
No amount of money can undo the pain and harm that your loved one experienced, and it is hard to put a number on. The impact of this situation on your family should be appropriately compensated.
If you have lost your loved one due to the results of nursing home negligence, our attorneys in St. George can assist you with filing a wrongful death claim. Wrongful death claim damages can include:
Punitive damages may apply in certain cases. Your St. George nursing home abuse attorney can advise you on the conditions that may warrant punitive damages.
The 1Law attorneys in St. George will fight to hold the liable parties accountable so you can be compensated. Your loved one’s injuries and damages matter, and holding those entrusted with their care accountable is our priority.
Our St. George nursing home abuse lawyers will work to recover financial damages in your case to compensate you for your losses and to ensure the provision of the care and comfort your loved one deserves. We are here to help, please contact us today.