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June 16, 2020 by PILLI Law

Nursing Home Abuse Lawyer FAQ: Do I have any legal rights if I find out my elderly parent has been abused in a nursing home?

It is estimated that at least 10 percent of elderly men and women over 65 years of age have been abused in a nursing home facility. Up to three million have reported the abuse in the last decade; however, many more failed to do so. If you believe your elderly loved one, such as a parent or other family member, is being abused or neglected while under the care of a nursing home facility, you should know that you may have the right to file a civil claim for compensation. Now is the time to consult a lawyer, like a nursing home lawyer from Darrell Castle and Associates, PLLC, for further assistance. 

Understanding Nursing Home Lawsuits and Claims
In general, any suspicions of abuse or neglect taking place in an elder care facility must be reported to various state agencies or your local ombudsman. It is their job to investigate the allegations and make a decision on how to proceed. If the agency is unable to resolve the situation, or could not prove anything at the time, and the facility continues to engage in the wrongful actions, legal recourse may be an option. 

Nursing home abuse cases are often rife with complications. It is better that you talk with a qualified nursing home abuse lawyer to determine what steps you should take next. If you don’t know how to find the right lawyer you can call your state Bar Association.

By inquiring into whether or not you have any legal options, a good lawyer might also talk to you about whether or not the following might apply. 

  • Legal criminal charges against the facility
  • Prosecution of any offender who participated in the abuse or neglect
  • Restraining orders to protect the victim
  • Investigation into other possible victims
  • Any annulment of potential fake marriages that have been arranged by staff
  • Court appointment guardianship

Statute of Limitations for Nursing Home Abuse Cases

Like other personal injury and wrongful death, there are statute of limitations to file a claim or lawsuit. In most states, the statute runs from the date of discovery and lasts for two years. It cannot be stressed enough that this time period can differ; therefore, it is prudent you talk with a lawyer about the statute that likely applies to your case. 

If the statute of limitations has already expired, you will almost certainly not be able to file a claim against the negligent party. There could be an exception; however, this would need to be determined by a civil court judge. 

When you look for the right nursing home abuse lawyer, you should ensure he or she is familiar with:

  • Medicare and Medicaid
  • Social Security
  • The Veterans Administration (VA)
  • Adult Protective Services
  • Nursing Home Reform Act of 1987
  • Older Americans Act
  • Long-Term Care Ombudsman Program

For a consultation with one of the most respected nursing home abuse lawyers, contact one in your area today. 

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