The CDC estimated that there are more than a million of reported cases of injuries in nursing homes. Unfortunately, thousands of cases are unreported. So, what can you do when your elderly injured parent gets hurt in a nursing home? Should you file a lawsuit against the nursing home that’s supposed to take care of your parent?
Elder abuse
Is it Abuse or Neglect?
Abuse and neglect are the two basic types of situations that you should consider. The former occurs when a person intentionally tries to harm an elderly person.
On the other hand, if your elderly parent slipped or fell in a nursing home that he/she is staying, then it could be a form of neglect. Bear in mind that the facility has the obligation to take care of your elderly parent. It has the responsibility of providing him/her round-the-clock assistance, especially if your parent has significant disabilities or extreme medical conditions.
Whether it’s about neglect or abuse, you can sue the nursing home for negligence to recover the damages your elderly injured parent has suffered.
Evidence
Before you can file a lawsuit, you’ll need evidence of wrongdoing. It’s best to work or speak with a personal injury lawyer immediately to help you out with the case you’re going to pursue.
Sometimes, staff members of a nursing home are well-versed at manipulation. Thus, you should favor your parent’s interpretation of neglect or abuse over the statement of the nursing home’s.
Experienced attorneys can issue a subpoena for nursing home records to make employee background checks and other things that can help with the case. If your case against the nursing home is successful, you can recover the money you’ve spent for the medical care of your elderly parent and the lost wages you have to endure to attend to your parent’s needs.
If you hired an experienced attorney in this field, your parent may receive punitive damages, which are a court’s way of punishing the home for its neglect or abuse.
And, if the neglect is substantial enough, your lawyer can force the nursing home to be out of business.
Whatever situation your elderly injured parent is facing in a nursing home, it’s always ideal to talk or work with a personal injury lawyer ASAP. In this way, you’re better represented and the chances of receiving benefits are higher than if you don’t have an attorney.
Speak to a personal injury lawyer today.