The population is quickly aging, which means more and more people will be in nursing homes in the coming years. This influx of patients will no doubt cause problems for already understaffed nursing homes.
What this means is that staff members will become even more overwhelmed. They may neglect patients. They may even get stressed out and abuse them, causing physical and emotional injuries.
If a healthcare worker commits an act of negligence or abuse against your elderly loved one, you may be forced to take legal action to ensure their safety. The Owings Mills nursing home injury lawyers at Furman | Honick Law can help you understand your legal options so you can get compensation and justice.
Key Takeaways on Nursing Home Abuse
- An aging population is putting a major strain on nursing homes, increasing the risk of neglect and abuse for residents.
- Neglect and abuse can take many forms, from unintentional neglect due to understaffing to physical, emotional, or even financial harm.
- Taking legal action holds the facility accountable, helps secure compensation for your loved one's suffering, and can force the home to improve care.
- An experienced attorney is crucial to investigate the truth, prove negligence, and fight for the full value of your claim against powerful nursing home corporations.
- You can pursue justice with Furman | Honick without upfront costs, as these cases are typically handled on a contingency fee basis (you pay nothing unless we win).
What to Know About Neglect
Neglect in a nursing home is often unintentional. There are often three main reasons: understaffing, overcrowding, and underfunding. There are simply too many patients and not enough staff to care for them all. A lack of money is preventing nursing homes from getting qualified staff.
In Maryland, approximately 14% of residents are over the age of 65. Most residents are between the ages of 40 and 65, so a huge boom of nursing home patients is coming, adding to the stress of nursing homes.
Still, negligent care in a nursing home is never acceptable. In fact, it is against the law. If the facility does not provide the expected level of care, your loved one suffers. This is when you need to take legal action.
What to Know About Abuse
Nursing home abuse can be physical, sexual, emotional, or financial in nature. The abuse may be perpetrated by staff members or even other residents. In fact, there has been an increase in resident-on-resident abuse in recent years.
Nursing homes are seeing hostile behavior between residents. It includes physical abuse such as hitting, kicking, and biting each other. Emotional abuse is also common, with residents yelling, insulting, and cursing at each other.
The abuse is also sexual in nature, such as unwanted sexual advances, groping, rape, and indecent exposure. Some residents also engage in financial abuse by going into other residents’ rooms and rifling through their belongings in search of money and other assets of value.
Of course, staff members also abuse residents. Any nursing home resident can be a victim of abuse. However, those with physical or mental disabilities tend to be more at risk, since they are less likely to report the abuse.
Why You Need Legal Representation for a Nursing Home Injury Case
Discovering that a loved one has been harmed while in the care of a nursing home is a devastating and emotional experience. In the aftermath, families are often left with questions, anger, and a deep desire for justice. While a financial recovery can help cover the costs of improved care, pursuing a lawsuit is about much more than that. It’s about accountability, prevention, and securing the resources your family needs to heal.
Here’s why securing experienced legal representation is a critical step:
1. To Uncover the Full Truth and Build a Strong Case
Nursing homes and their insurance companies have extensive resources and legal teams. Their primary goal is to minimize their liability. They may claim the injury was an "unavoidable accident" or a result of a resident's pre-existing condition. A dedicated legal representative works for you, conducting a thorough investigation to uncover evidence—such as medical records, staffing reports, and facility policies—that can prove negligence and hold the responsible parties accountable.
2. To Understand the True Value of Your Claim
It can be difficult to know what a case is truly worth. An experienced attorney understands how to calculate not just the current medical bills, but also the cost of future care, pain and suffering, emotional distress, and, in the worst cases, the value of a lost life. They fight to ensure you seek a recovery that fully addresses the profound impact of the injury on your loved one and your family.
3. To Navigate the Complex Legal and Medical Issues
Nursing home injury cases involve complex areas of law, medicine, and regulations. The process includes filing deadlines (known as statutes of limitations), intricate rules of evidence, and dealing with multiple potentially liable parties. An attorney with experience in this specific field can skillfully manage these complexities, allowing you to focus on your family.
4. To Level the Playing Field Against Powerful Opponents
Without a lawyer, you are at a significant disadvantage when dealing with insurance adjusters and corporate defense attorneys. They use tactics to get statements that can harm your case or pressure you into accepting a low-ball settlement quickly. Your legal counsel acts as your shield and advocate, handling all communication and negotiation to protect your rights and best interests.
5. To Achieve Justice and Promote Change
By taking a stand, you are doing more than seeking compensation for your own family. You are holding the facility publicly accountable for its failures. A successful lawsuit creates a financial consequence for neglectful practices, which can force the facility to improve its standards of care and help protect other vulnerable residents from suffering similar harm.
Pursuing legal action is a powerful way to demand the dignity and safety your loved one deserved from the start. The right legal representation empowers you to navigate this challenging journey with confidence, ensuring your family’s voice is heard.
Why Choose Furman | Honick
While any legal representation is better than none, the right representation makes all the difference. At Furman | Honick, we bring a focused and compassionate approach to every case.
- We Are Exclusive Advocates: Unlike firms that handle a wide range of general cases, our practice is dedicated to protecting the rights of seniors and their families. This exclusive focus means we have a deeper understanding of nursing home regulations, corporate tactics, and the complex medical issues involved.
- A Record of Recovering Meaningful Results: We are committed to securing recoveries that truly make a difference for our clients' futures. We have a proven history of achieving substantial settlements and verdicts that reflect the full extent of our clients' damages, from medical costs to pain and suffering.
- Compassionate, Client-Centered Service: We understand you are navigating a deeply personal and difficult time. Our team is built on a foundation of compassion and respect. We take the time to listen, ensure you are informed at every step, and provide the dedicated support your family deserves.
Let us put our focused experience, determination, and compassion to work for you.
Nursing Home Abuse Lawyer FAQ
How do we know if what happened is neglect or just an accident?
This is a critical question. While accidents can happen, patterns of issues like frequent falls, bedsores, sudden weight loss, or unexplained bruises are often red flags for neglect. A thorough investigation can uncover if the facility failed to meet the required standard of care, turning a preventable incident into a case of negligence.
Won't filing a lawsuit just make the care for our loved one worse?
This is a common and understandable fear. It is illegal for a facility to retaliate against a resident or their family for pursuing legal action. A lawsuit is filed against the company and its insurers, not the individual caregivers. Furthermore, taking legal action often makes a facility more attentive to ensure the resident's current care is proper and documented.
We can't afford a lawyer. How does it work?
We work on a contingency fee basis. This means you pay no upfront costs or out-of-pocket attorney fees. Our fees are only paid if we successfully recover money for you. This allows families to seek justice without adding financial stress.
What if our loved one has passed away? Can we still take action?
Yes. In cases where nursing home neglect or abuse may have contributed to a resident's death, the family can often pursue a wrongful death lawsuit. This action seeks to hold the facility accountable for its negligence and can provide compensation for final expenses, pain and suffering, and the loss of your loved one.
What is the first step we should take?
The most important first step is to ensure your loved one's immediate safety and medical needs are addressed. Then, contact us for a confidential, no-obligation consultation. We can listen to your story, help you understand your legal options, and advise you on the next steps to protect your family's rights.
Contact Furman | Honick Law Today
It’s sad when families cannot trust nursing homes to provide adequate care for their loved ones, but unfortunately, neglect and abuse happen often. When this happens, you need to understand your legal rights.
The team at Furman | Honick Law can assess your case and hold the nursing home liable for your loved one’s injuries. We can help you get justice. To schedule a free consultation, contact our Owings Mills nursing home injury lawyers at (410) 844-6000 or fill out the online form.