Abuse and elder neglect are a terrible reality for many patients in assisted care facilities, nursing homes, and private facilities. Unfortunately, cases of elder neglect and nursing home abuse often go unreported because the victims are unable to report the abuse. Our Michigan injury attorneys fight for the rights of these victims by suing the facilities and holding them responsible for their actions. When you place your loved one in a nursing home or assisted care facility, you expect that your loved one will receive exceptional care. You also expect your loved one will be treated with respect. If you suspect your loved one is the victim of nursing home neglect or abuse, we want to help. Call our office at 517-347-6900 to schedule a free legal consultation. Your first visit is free, and we only get paid if we are successful.
Common Types of Nursing Home Lawsuits in Michigan
There are several different types of abuse and neglect that give rise to a lawsuit. A resident who suffers any type of abuse deserves to have their voice heard in a court of law. It is important to remember that the abuse can be inflicted by anyone in the facility, including staff members, other residents, and visitors. Regardless of the perpetrator, the facility should be held liable for failing to provide a safe environment for your loved one.
Common types of abuse that our attorneys handle include:
Physical Abuse — Physical abuse is one of the most common types of nursing home abuse. Any physical contact that is unwanted or that causes injury can be considered abuse. Examples include shoving, hitting, smacking, and using restraints.
Emotional Abuse — Emotional and psychological abuse can be just as harmful as physical abuse. Elderly patients who are spoken to or treated in ways that cause them emotional pain or stress are victims of emotional abuse. Examples of verbal abuse type of abuse include yelling, threatening, humiliating, and ridiculing. Abuse may be non-verbal and includes failing to acknowledge the person, forcing the person into isolation, terrorizing behaviors, and acting in a menacing manner.
Sexual Abuse — Sexual abuse is any sexual contact that is without consent. It can include physical acts as well as taking pictures or forcing the person to watch pornographic material. Even forcing the person to undress against his or her will is a form of sexual abuse.
Financial Abuse — Taking money or property from an older adult without his or her consent is financial abuse. Other types of financial abuse include forging the person’s signature, opening accounts in his or her name, misusing a person’s financial accounts, and forcing the person to sign new financial documents such as a will, deed, or trust agreement.
Neglect — Along with physical abuse, neglect is a common form of abuse in Michigan nursing homes. Failing to bathe, feed, dress, or move patients is common. In addition, staff members don’t give the proper medication or respond to healthcare needs promptly. Neglect can result in painful medical conditions that can become life-threatening.
Signs and Symptoms of Nursing Home Abuse
It is important to know the signs and symptoms of nursing home abuse so you can recognize it immediately. If you visit your loved one often, you can usually spot the signs of abuse and neglect. Acting quickly can save your loved one’s life, prevent further harm, and prevent harm to other patients by filing a lawsuit to hold the nursing home and its staff responsible for the abuse. Signs your loved one may be suffering from neglect or abuse include:
Bed sores or pressure sores
Unexplained bruises, burns, scrapes, or lacerations
Broken bones or fractures
Malnutrition and dehydration
Moodiness, aggression, fear, depression, withdrawal, or other uncharacteristic behavior
Recurring infections
Untreated medical problems
Bloodied or torn clothing
Self-destructive behavior
Bruises around the genital area or the breasts
Poor personal hygiene, dirty clothing, unkempt hair, etc.
Sudden weight loss
Sudden transfers of property
Missing property or missing funds from accounts
Opening new accounts
If you notice any unexplained changes in physical, mental, or emotional health, you need to investigate further to determine if this is a sign of nursing home abuse or elder neglect.
Proving Liability in a Michigan Nursing Home Lawsuit
Nursing home abuse occurs for many reasons. Some facilities are grossly understaffed causing aides and nurses to try to take care of too many patients. Some facilities have negligent hiring practices. They hire employees who are untrained and inexperienced in caring for patients, or they fail to perform thorough background checks before hiring someone. Other facilities simply do not train their staff members or provide adequate supervision to ensure that abuse and neglect do not occur.
Nursing homes have a duty of care to provide residents with a reasonable level of care to protect them from abuse and neglect. The facility is responsible for providing a safe environment for all residents. When the nursing home fails to provide a safe environment or fails to protect patients, it can be held liable for personal injuries sustained by the person while in the facility’s care.
When you file a nursing home lawsuit in Michigan, you have the burden to prove that the facility breached its duty by failing to maintain the resident’s safety. Because of the breach, the resident suffered harm and damages. Hiring a Michigan nursing home abuse attorney is your first step in proving the nursing home is liable. An experienced attorney can examine the details of the case to determine if the nursing home is liable and work to obtain evidence that will prove the facility breached its duty.
Call a Michigan Nursing Home Attorney For Help
If you suspect abuse, act now! Call The Clark Law Office to speak with an attorney. We want to help you obtain the evidence you need to hold the nursing home accountable for the abuse to your loved one. Call our office at 517-347-6900 to schedule a free legal consultation.