Legal Action for Nursing Home Abuse: What to Do After Your Loved One is Injured
Discovering that a loved one has been injured due to nursing home abuse is a heartbreaking and deeply disturbing experience. As a family member, it's essential to understand what legal action you can take to seek justice, hold the responsible parties accountable, and prevent further abuse from occurring.
At Gerstner Adam Law, located in Billings, Montana, we help clients address these situations and seek justice for their loved ones when nursing home abuse has occurred. Our attorneys will walk you through what nursing home abuse is, how to recognize it, and most importantly, the legal steps to take if your loved one becomes a victim.
The Basics of Nursing Home Abuse
Nursing home abuse refers to any intentional act or negligence by a caregiver in a residential care facility that causes harm or poses a serious risk to an elderly resident. These acts violate the legal and ethical duty of care owed to vulnerable individuals. Abuse in these settings can take many forms, including, but not limited to, the following.
Physical abuse: This includes hitting, slapping, restraining improperly, or denying necessary care.
Emotional or psychological abuse: This can take the form of humiliation, intimidation, threats, or verbal assaults.
Sexual abuse: This constitutes any non-consensual sexual contact or activity.
Financial exploitation: Any unauthorized use of a resident’s funds or property.
Neglect: This refers to the failure to provide basic needs, including hygiene, nutrition, and medical care.
Unfortunately, nursing home abuse often goes unreported, either because the victims are unable to communicate due to cognitive decline or because they fear retaliation. Recognizing the warning signs and acting quickly is crucial. You and your family should be proactive and vigilant to make sure your loved ones receive the safe, respectful care they deserve.
Signs Your Loved One May Be Experiencing Abuse
The first step in addressing nursing home abuse is identifying the problem. You should be vigilant in recognizing any physical, emotional, or behavioral changes in your loved one. Even subtle changes can indicate that something more serious is happening behind the scenes. Some common signs of abuse or neglect include:
Unexplained bruises, cuts, or broken bones
Sudden weight loss or dehydration
Poor hygiene or the appearance of bedsores
Unusual changes in behavior or mood (withdrawal, fear, anxiety)
Torn clothing or signs of restraint
Unexpected financial transactions or missing property
Reluctance to speak openly in the presence of staff
If you observe any of these signs or suspect abuse, trust your instincts. It’s always better to be cautious and investigate further than to dismiss potential indicators. Prompt action can prevent further harm and potentially save your loved one’s life. Reporting suspected abuse isn’t only a moral obligation; it can also initiate legal protection and hold individuals accountable.
Steps to Take If You Suspect Nursing Home Abuse
If you suspect that your loved one has been a victim of nursing home abuse, it's important to take steps to ensure their safety. While the specific steps you may need to take will depend on the severity of the abuse and the circumstances of you and your loved one, the general steps you should act upon include the following.
1. Provide Immediate Safety
If you suspect your loved one is in immediate danger, act quickly to protect them. Remove them from the facility if necessary and seek appropriate medical attention. Document the injuries and any conditions with photographs and written notes. Keep all medical records and bills, as they can become important evidence.
In extreme situations, contacting local law enforcement or adult protective services is appropriate and sometimes necessary. Their intervention can initiate a protective investigation and prevent further harm. An experienced attorney is vital in these situations. Our lawyers at Gerstner Adams Law can provide the assistance you need to address these claims.
2. Report the Abuse
Once your loved one is safe, it's important to report the incident through the proper channels. This not only strives for accountability but also helps prevent abuse from affecting other residents. Prompt reporting also makes sure that official investigations can begin while the evidence is still fresh. Some places where you should report nursing home abuse include:
State licensing agency: Every state has an agency that regulates nursing homes. In most states, this is the Department of Health or a similarly named department.
Adult protective services (APS): APS investigates claims of elder abuse and may coordinate with law enforcement.
Long-term care ombudsman: These advocates investigate complaints and assist residents in resolving problems with their care.
The facility administrator: If appropriate, you may also file a complaint with the facility itself. However, this should never be the only step you take.
Reporting nursing home abuse creates a formal record that can be used in both civil and criminal cases. It also helps hold negligent facilities accountable and may prompt internal changes or external penalties. By taking this step, you’re not only protecting your loved one but also contributing to the safety and dignity of all residents in long-term care.
3. Document Everything
Strong documentation is the foundation of any successful legal claim. The more evidence you collect, the stronger your case will be. Thorough, well-organized records can make a critical difference in how your case is handled and whether it results in justice. Some critical pieces of evidence that you should aim to gather include the following.
Medical records and evaluations
Photographs
Witness statements
Written summaries
Copies of facility reports
Financial records
It’s also helpful to keep a written journal that details your concerns and the steps you take over time. This timeline can be valuable when explaining the history of abuse. Consistent documentation can demonstrate a pattern of neglect or misconduct, which is particularly useful if the facility attempts to deny responsibility.
4. Consult a Nursing Home Abuse Attorney
Working through the legal system on your own can be overwhelming, especially when dealing with the emotional toll of a loved one’s suffering. Hiring an experienced nursing home abuse attorney to help you is one of the most critical steps you can take as you fight for justice for your loved one. A qualified attorney can help by:
Evaluating your case and determining if you have grounds for a civil lawsuit
Helping you understand your rights and options under state and federal law
Guiding you through the process of filing a lawsuit
Representing your interests in negotiations or court proceedings
Helping you secure compensation for damages such as medical expenses, pain and suffering, and relocation costs
A good lawyer can coordinate with investigators, medical experts, and other professionals to build a compelling case. Their experience with similar claims can help avoid costly mistakes and make sure that your case is thoroughly addressed. With legal guidance, you can focus on your loved one’s well-being while your attorney fights for justice on your behalf.
Speak With a Qualified Nursing Home Abuse Attorney Today
Discovering that a loved one has been harmed in a place meant to care for them is devastating. Taking prompt and informed action can help protect your loved one, seek justice, and prevent further tragedies from happening to others. At Gerstner Adam Law, we assist clients in Billings, Montana, and the surrounding areas of Glendive, Miles City, and Sidney with pursuing justice for their loved ones. Contact our office today to schedule a consultation.