Frequently Asked Questions

Answers provided by nursing home abuse lawyers

1. How do I know if my loved one is a victim of nursing home neglect or abuse?

Determining if your loved one is a victim of nursing home neglect or abuse can sometimes be difficult, especially if your loved one has trouble communicating with you. Under these circumstances, you should examine your loved ones carefully. Signs of nursing home neglect or abuse can include unexplained bruising, broken bones, bedsores, malnutrition, dehydration, weight loss and contractures. It is important that you take action quickly if you suspect your loved one is being neglected or abused. A nursing home abuse attorney can better advise you as to what counts as abuse, as well as what signs and symptoms to look for at your loved one's nursing home.

2. Can I prove my case if my loved one is unable to testify?

Absolutely. Victims of nursing home neglect or abuse are often unable to testify because they are either unable to communicate or are deceased. However, as experienced nursing home abuse attorneys, we are often called upon to establish these injustices through use of the medical records, our team of medical experts, and through testimony of the family and nursing home staff.

3. How long do I have to file a claim for damages my loved one suffered as a result of nursing home neglect or abuse?

This depends on when the neglect or abuse was discovered, as well as a number of other potential complicated legal factors. We strongly recommend that if you suspect your loved one is being neglected or abused that you immediately contact a nursing home abuse attorney.

4. How much is my claim worth?

Our elder care lawyers evaluate each claim case by case with our team of medical experts. Although we can provide you with our opinions as to the value of your claim, a jury will determine the amount of money to be awarded if the case does not settle before trial.

5. Can I file a lawsuit on behalf of my loved one who was injured in a nursing home?

If your loved one is competent, then a nursing home abuse attorney will most likely file the lawsuit in your loved one's own name. However, if you have a durable power of attorney, are the legally appointed guardian, or are the Executor or Administrator of your loved one’s estate, then you can probably file the lawsuit on his or her behalf

The elder care attorneys at the Gough Law Firm, LLP can assist you in preparing the necessary legal documents in order to file a claim on behalf of your loved one if he or she is incompetent or deceased.

6. What are bedsores and are they preventable?

Bedsores, also known as pressure sores or decubitus ulcers, are areas of injured skin and tissue that are usually caused by pressure on the skin from sitting or lying in one position for too long. The pressure can reduce the blood supply to the skin and tissue under the skin. Bed sores are often located on the lower back, buttocks, hips, and heels.

Bed sores are usually preventable with proper care, including frequent turning and repositioning, providing proper nutrition, and keeping the skin areas clean and dry. Unfortunately, when bed sores become infected they can be fatal. If you notice bedsores on your loved one, contact a nursing home abuse attorney to discuss your situation.

7. What are other signs that my loved one is a victim of nursing home negligence or abuse?

There are many different signs that your loved one may be a victim of nursing home neglect or abuse. Some of the common signs include: loss of weight; dehydration and malnutrition; chronic infection; unexplained bruising or broken bones; poor hygiene. If you see any of these signs and suspect abuse, call us to investigate the situation for you.

8. Can we settle without having to go to trial?

Yes. Although we are always prepared to afford you your day in court, an elder care attorney will most often settle the case before an actual trial.

9. Will I have to pay an attorney's fee?

Our elder law attorneys work on a contingency fee basis. We will advance all costs and expenses of your case on your behalf.

Disclaimer: This Web site is designed for general information only. The information on this site should not be construed to be formal legal advice nor the formation of an attorney-client relationship.