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Frequently
Asked Questions |
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| 1. How prevalent is nursing home abuse and neglect? |
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Answer: More than 1.5 million elderly and disabled Americans reside in more than 16,000 nursing homes across this country. Despite the fact that by law, these nursing homes must take steps to attain or maintain the "highest practicable physical, mental, and psychosocial well-being of each resident," too many of these residents are the victims of neglect or abuse by these facilities and/or their employees. In fact, in 1998 in Texas alone, more than 200 nursing home facilities were sanctioned for jeopardizing the health and safety of their residents, according to the Texas Department of Human Services. Despite increased regulatory oversight of the nation's nursing homes, it is safe to assume that many violations posing threats to the health and safety of the residents go unreported. According to Jim Lehrman, Associate Commissioner for Long Term Care for the TDH, "we cannot be in every facility 24 hours a day so we are only one part of the safety net." Therefore, family members with loved ones who are residents of nursing homes must never take the resident's care for granted and assume adequate protections are in place. The nursing home resident's only protection may be the family member's diligence in reporting any perceived problems. [Next FAQ] [Return to FAQ Menu] |
| 2. What are the causes of nursing home abuse and neglect? |
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Answer: Perhaps due to an attempt to squeeze more profit out of the bottom line, too many nursing homes simply do not hire sufficient numbers of qualified staff to appropriately care for their residents. Poorly qualified, untrained, and/or overworked staff are not capable of addressing the demanding daily needs of nursing home residents. Exposing neglect and abuse in a nursing home facility is much more difficult than in some other health care contexts because the nursing home abuse/neglect victims are often incapable of communicating the nature and occurrence of their abuse or neglect because of their physical and/or mental infirmities. [Next FAQ] [Return to FAQ Menu] |
| 3. What are the various types of neglect and abuse? |
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Answer: Nursing home abuse and/or neglect can involve not only the physical well-being of the resident, but also the mental, and/or psychological well-being of the resident as well. Nursing home abuse and/or neglect can take many forms, all of which are too numerous to list. The following, however, represent common examples of nursing home abuse and/or neglect:
The foregoing list is
only intended to set forth common examples of abuse and neglect.
This list is by no means exhaustive. [Next
FAQ] [Return to FAQ Menu]
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| 4. How can one recognize the signs that abuse or neglect may be occurring? |
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Answer: Any one or more of the following could evidence nursing home abuse or neglect and warrants investigation:
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| 5. What can I do if I suspect nursing home abuse or neglect? |
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Answer: Powless Law Offices, the sponsor of this website, represents nursing home abuse and neglect victims and their families in cases across the State of Indiana. We also offer free initial consultations to those who believe they, or someone they know, may have been the victim of nursing home neglect or abuse. You may email us or call us toll-free at (888) 922-2889. Generally speaking, a victim of nursing home abuse or neglect has a limited time period in which they must pursue a civil lawsuit or be forever barred. The length of this period varies depending upon the type of claim one is making, although in many (if not most) instances, it is two years from the incident of abuse or neglect. There are exceptions, however; therefore, one who believes that they may have been the victim of nursing home abuse or neglect should always seek the advice of an attorney without delay in order to preserve their claim.
It is also advisable to consult an attorney as soon as possible for other
reasons as well. Memories of the event(s) in question tend to fade
in witnesses, potential witnesses may later be unavailable because they
have moved, become incapacitated, etc. [Next
FAQ] [Return to FAQ Menu]
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| 6. What is the first step in pursuing a nursing home abuse or neglect claim? |
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Answer: The first step in pursuing a nursing home abuse or neglect case is suspecting that one may have been the victim of abuse or neglect. Many times the nursing home victim is not capable of communicating about the abuse or neglect. Therefore, one who develops a "gut feeling" that something is wrong should consult a qualified attorney to review the matter, who often will consult with medical professionals. This process often involves the obtaining and review of nursing home and medical records along with other pertinent information. If it is determined that one has a good case, the next step is usually to give written notice of the claim to the individuals or entities that are believed to have committed the abuse or neglect. [Next FAQ] [Return to FAQ Menu] |
| 7. What if I am told by an attorney that I do not have a good case? |
| Answer: Determining whether or not one has a "good case" is not always an exact science. Because such determinations involve the professional judgment (based upon many factors and considerations) of medical experts and attorneys, it is recommended that one seek a "second opinion" from one or more qualified attorneys if told that one's case is without merit. [Next FAQ] [Return to FAQ Menu] |
| 8. What about the costs involved in pursuing a case? |
| Answer: Some attorneys (including the sponsor of this website) will agree to handle nursing home abuse and neglect cases on a contingency fee arrangement. This means that the attorney will not charge an hourly rate for his services, but instead will be paid a percentage of the recovery in the event of a settlement or judgment. In many instances, such attorneys will also pay the case development expenses (such as expert fees, deposition costs, etc.) with the understanding that he or she will recoup such costs only in the event of a recovery. Therefore, one may be able to secure legal representation without having to pay any attorney's fees or expenses out of one's own pockets. [Next FAQ] [Return to FAQ Menu] |
| 9. How long will a nursing home abuse or neglect case take? |
| Answer: There is simply no easy answer to this question. The vast majority of all cases, including nursing home abuse and neglect cases, are settled prior to trial. Some cases are settled prior to the filing of a lawsuit, while others are settled during litigation or even on the "steps of the courthouse" just before trial. A nursing home abuse and neglect case, if litigated to trial, could last a number of years. One who pursues a nursing home abuse and neglect case should understand from the outset that a quick resolution cannot be guaranteed. [Next FAQ] [Return to FAQ Menu] |
| 10. When must one make a claim? |
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Answer:
It is also advisable to consult an attorney as soon as possible for other
reasons as well. Memories of the event or events in question tend to fade
in witnesses, potential witnesses may later be unavailable because they
have moved, become incapacitated, etc. [Next
FAQ] [Return to FAQ Menu] |