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Wednesday, December 2A Lawyer Blog...!
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How to File a Lawsuit for Nursing Home Abuse

Before we discuss how to file a case against nursing home abuse, it is important to understand what constitutes nursing home abuse. A better understanding of the legal concept will help you determine whether what the patient suffered from can indeed be termed as nursing home abuse.

For example, a procedural mistake, committed by the physician in charge would be classified as medical malpractice/negligence, even though the patient might be resident in a nursing home during the incident. Read on as we explain both the concept of nursing home abuse and the necessary steps to file a lawsuit against the offending institution or individual.

What Constitutes as Nursing Home Abuse?

Nursing home abuse can be properly defined as neglectful and/or abusive behavior by the staff at a nursing home in which the patient party was housed at the time. If you have reasons to suspect that someone close to you who is admitted in a nursing home has suffered physically and/or mentally because of such abusive and neglectful conduct, then it’s time to consult a personal injury lawyer who has experience in dealing with nursing home abuse. The same should be more obvious if the suffering party is you yourself.

How to File the Lawsuit?

Whether it’s you, or someone who means a lot to you, all that is required in order to file a lawsuit against the nursing home is a call, email or chat message to an adequately experienced personal injury law firm. Your nursing home abuse attorney will first discuss the merits of the case and provide their estimations, without any charges whatsoever.

If they do take up the case, then the rest will be taken care of by them, and they will guide you through the rest of the process. If the incident happens to fall under the jurisdiction of Iowa, contact the LaMarca Law Group for immediate assistance, as they have vast experience in all fields related to personal injury, and especially nursing home abuse.

What are the Effects/Signs of Nursing Home Abuse?

In a large number of cases, the victims are seniors and they might not even realize that they are being abused. Then there’s the fear of being further abused if they tell anyone, which also is unfortunately one of the reasons why seniors do not always report nursing home abuse to their near ones.

Finally, in the case of super seniors and seniors with mental degradation, the abusive behavior might be totally forgotten about. Look for signs such as the ones listed next, instead of just asking them.

  • Signs of malnutrition and dehydration, without any physical conditions to warrant such signs
  • Bedsores, the smell of bodily waste in the room
  • Falls and consequent bone fractures, bruising
  • Unexplained bruising and other injuries that are not a result of falling
  • Over sedation and physical restraint that cannot be justified with medical/safety reasoning
  • Improper and inadequate treatment

No one deserves to be abused in a nursing home and suffer in their old age, where they are supposed to get care, treatment, and support instead. If that is indeed what is happening, a lawsuit needs to be filed and the person also must be removed from the establishment, as soon as possible.

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