Generally, the term “elder abuse” encompasses any physical, psychological, or sexual abuse, abandonment, neglect, and even financial exploitation of a person who is typically around 65 years of age or older. According to the National Center on Elder Abuse, it has been estimated that every year, five million senior Americans are the victims of abuse, neglect, or exploitation.
Coming to the decision to place an elderly family member in a nursing home is tough. Nursing homes can be expensive, and the decision can put an emotional toll on both your elderly loved one and the rest of your family. However, many find that nursing home placement is necessary so that the elderly person can receive the care and assistance that they need.
If you find that your loved one has been the subject of neglect and abuse at the hands of the nursing home, it only adds to the stress you have already endured. It is hard to imagine that your family member will be exposed to such neglect and abuse while residing in a nursing home, but every day, cases of nursing home abuse and neglect persist and continue to go unreported.
If your loved one has been abused in a nursing home in Washington D.C., CHASENBOSCOLO can help. You may be able to pursue a legal claim against the nursing home for failing to properly care for your family member. We offer a free consultation to discuss your legal options, so do not hesitate to contact us today at (301) 220-0050.
Why Do I Need a Lawyer?
Discovering that your loved one has been abused and dealing with the fallout can be overwhelming. Your family is likely shocked and upset. Your loved one may be physically injured, emotionally traumatized, or both. They may even have passed away as a result of the abuse. In this situation, you don’t want to be having to deal with the stress of a lawsuit on your own. If you hire a lawyer, you can focus on caring for your family while your lawyer handles the case.
Nursing home abuse lawsuits can be tricky. Many types of abuse may leave no physical evidence behind. It may be difficult to prove that an incident such as a fall or illness was due to nursing home abuse or neglect, rather than simple bad luck. Lawyers with experience in nursing home abuse cases know what evidence to look for and what arguments to make to prove your side of the story. They can negotiate with nursing home insurance or lawyers and fight for your rights in court to ensure you get the full amount of compensation you deserve.
Why Should I Hire CHASENBOSCOLO?
The lawyers at CHASENBOSCOLO have been defending the rights of the injured since Barry Chasen founded the firm in 1986. In those 30+ years, we have recovered over $750 million for our clients. Our success is due in no small part to our philosophy of always putting our clients first.
At CHASENBOSCOLO, we strive to treat our clients like family. That means that we will never apply a one-size-fits-all approach to your case. Instead, we will work hard to uncover every detail that may be relevant, and craft a claim that takes into account all the unique aspects of your situation.
We also prepare every case for trial, regardless of how likely a trial may be. This has two major benefits. In the unlikely event that your case does end up in front of a jury, we will be ready to fight to get you every dollar you are owed. But, because we have a reputation for such good preparation, most insurance companies will make a good settlement offer before a trial is ever considered.
Finally, at CHASENBOSCOLO, we believe money should not be a barrier to good legal representation. This is why we offer the No Fee Guarantee®. We will cover all the costs of your case ourselves, sparing no expense to get you the best outcome possible. Only after you receive a settlement or jury award will we take a fraction to cover our costs. In the event that we are unable to win you any compensation, you will never owe us a dime. Furthermore, we also offer totally free case evaluations, so you can explore your legal options risk-free.
Types of Nursing Home Abuse
Elder abuse can come in a variety of forms: physical abuse, emotional abuse, sexual abuse, financial exploitation, and neglect. Abuse can be intentional or unintentional. Some common forms of abuse in nursing homes include:
- Hitting, slapping, striking, pushing, or otherwise physically harming a resident
- Using restraints unnecessarily
- Verbal abuse
- Tormenting, threatening, or ridiculing the resident
- Preventing the resident from doing activities or socializing
- Sexual abuse, ranging from sexual harassment to unwanted touching to rape
- Failure to monitor a resident, leading to falls
- Denying food, water, mobility, or medication, intentionally or accidentally
- Medication errors, such as giving the wrong medication or wrong dosage
Common injuries resulting from nursing home abuse include:
- Dehydration or malnutrition
- Bedsores
- Bruises and cuts
- Infections
- Spinal and head injuries
- Broken bones and fractures
- Sexually transmitted diseases
- Mental disorders
- Injuries and illness from medication errors
Tragically, many forms of elder abuse can also result in fatal injuries.
Financial Exploitation of the Elderly
Financial exploitation is a lesser-known but quite common form of elder abuse. Common ways that people financially exploit the elderly include:
- Forging the victim’s signature on checks
- Stealing money and other valuables from the victim
- The promise of permanent care and companionship from the wrongdoer in exchange for money or other valuable things
- Forcing the victim to create and sign a will or trust paper that provides for the person who is exploiting the victim
Keep in mind that there are certain risk factors that increase the likelihood of your elderly loved being taken advantage of this way, including:
- They have become or always have been unaware of how to deal with money
- They are isolated or lonely
- They have relatives who are unemployed, and often have some form of substance abuse
- They have some sort of mental and/or physical disability that prohibits them from dealing with money
It is important to pay attention to the finances, property, and valuables in the victim’s possession. Some signs that your elderly loved one is being financially exploited are:
- The wrongdoer refers to the victim by some term of endearment
- The wrongdoer has trouble explaining the victim’s financial positions or withdrawals from ATMs, or their explanation is farfetched or hard to believe
- You notice that valuables or property are missing from your loved one
- You notice large sums of money withdrawn from the victim’s bank account or transferred between bank accounts
- You notice the victim’s forged signature on checks and other legal documents
If anything appears to be missing or is out of character for the victim, you should contact an attorney who will thoroughly conduct an investigation, discover and collect pertinent evidence, and help recover what was stolen from your loved one.
Warning Signs of Nursing Home Abuse
It can be difficult to determine whether a loved one’s injuries or behavior are a result of abuse or not. Look out for these warnings signs, which may indicate that your loved one is the victim of nursing home abuse:
- Unexplained physical injuries to your loved one including bruises, cuts, sores, and infections
- Withdrawal from social activities, especially where the person was once a social and outgoing person
- Confusion and or tiredness
- Unexplained dehydration and malnutrition with dry and cracked lips, infrequent urination, and sudden weight loss
- Poor hygiene including bad body odor, wearing of dirty clothes, and unwashed hair
- Bedsores, indicating that they are not being regularly moved
- Unexplained changes in personality or behavior
If you notice any of these warning signs, contact a lawyer right away to begin an investigation. It is better to be safe than sorry.
What Recovery is Available for Nursing Home Abuse Claims?
There are certain economic and non-economic damages available for recovery in a nursing home abuse case. These types of recovery include:
- Reimbursement for medical expenses incurred as a result of injuries from nursing home abuse
- Costs associated with moving your loved one to a new nursing home
- Compensation for the pain and suffering endured
If your loved one passed away as a result of nursing home abuse, you may also be able to recover death benefits, including funeral expenses.
Because of the uncertainty as to the type of damages you should demand, it is important to consult with an attorney experienced in the area of nursing home abuse.
Contact Us
If you believe that your elderly loved one has been the victim of nursing home abuse, neglect, or financial exploitation, do not hesitate to call the Washington D.C. personal injury lawyers at CHASENBOSCOLO for help. We have offices in Hyattsville, Waldorf, and Greenbelt, as well as in Falls Church, VA. You can connect with us by calling (301) 220-0050, or by filling out an online contact form to schedule a free and confidential consultation.
