Omaha Nursing Home Abuse Lawyer
When somebody you love needs more daily care and assistance than you can provide, a nursing home may be necessary. However, there are many instances of nursing home abuse in the United States. If you suspect a loved one has been abused in a nursing home, call Matthew G. Miller today. Our Omaha nursing home abuse attorneys will get to work investigating your case so we can secure any compensation your loved one is entitled to.
Matthew G. Miller Is Your Choice For This Case
A nursing home abuse case can become complicated and overwhelming. You need a Nebraska injury attorney you can trust, so let Matthew G. Miller get to work on your case today.
- We are fully committed to helping every nursing home abuse client get the legal support they deserve. This includes constant communication with their loved ones and open transparency throughout the entire case.
- We have a reputation for results, having successfully represented clients in more than 800 cases and securing more than $50 million for our clients.
- We operate on a contingency fee basis, meaning there are zero upfront fees. Our clients only pay legal fees after we secure the compensation they need through a settlement or verdict.
Common Nursing Home Abuse-Related Questions
Why Is A Lawyer Necessary For Omaha Nursing Home Abuse Cases?
Nursing home abuse cases can be incredibly difficult to prove, particularly if the victim is elderly, struggles to communicate, or has a diminished mental capacity. Your nursing home neglect lawyer will work diligently to prove this case by:
- Obtaining all evidence related to the abuse, including video and photo surveillance, witness statements, and records kept by the nursing home.
- Completely reviewing the history of the facility and the alleged abusive employee(s).
- Ensuring your loved one is properly cared for and evaluated by a trusted medical professional.
- Negotiating with all parties involved to obtain a fair settlement.
Nursing Home Abuse Statistics
There are various ways that nursing home abuse and neglect occur. This can include the following:
- Physical abuse
- Sexual abuse
- Financial abuse
- Improper medication
- Emotional and psychological abuse
Around one out of every ten Americans over the age of 60 experience some type of elder abuse, according to the National Council on Aging (NCOA). This is abhorrent. Family members and loved ones of those in a nursing home must be aware of the following sentence and symptoms that could indicate abuse or neglect:
- Any unexplained markings such as cuts, burns, bruises, and scrapes
- Presence of bedsores at any stage
- Frequent or lingering infections
- Unexplained loss of hair and teeth
- Foul odors from urine and feces
- Dirty living quarters
- General unresponsiveness or lethargy from medications
- Anxiety around certain caregivers or residents
- Rapid mood changes or depression
Family members should also watch a loved one’s finances in order to ensure that there is no financial abuse occurring.
Common Causes of Nursing Home Abuse
Nursing home abuse is an inconceivable crime. It is hard to understand the reasons why anyone would take advantage of vulnerable elderly individuals – especially nursing homes and caregivers that are supposed to take care of them. Learning the common causes of nursing home abuse can help you look for warning signs of dangerous situations, such as a caregiver having full control over a senior’s finances.
Nursing home abuse is the product of a combination of facility mismanagement and abusive staff members. A nursing home in Omaha has a responsibility to address the needs of its residents. This responsibility involves hiring enough employees for the number of residents, conducting background checks on staff members, correctly training staff, maintaining a safe premises, and responding immediately to allegations of abuse or misconduct. If a nursing home fails to fulfill these responsibilities, this can increase the odds of residents becoming targets.
In addition to issues with nursing home management, nursing home abuse can arise from a staff member taking advantage of his or her position of power or trust with the senior citizen to commit crimes. A staff member may physically abuse a resident to intimidate him or her for financial gain, for example. Staff members may also become bitter or resentful due to stressful work environments and take out their frustrations on defenseless residents.
Signs and Symptoms of Elder Abuse in Omaha
The victims of nursing home abuse don’t often come forward. They fail to report abuse and neglect due to reasons such as fear of the aggressor, fear of not being believed, or the physical or mental inability to speak up. If you have a loved one in a nursing home, look for the following common signs and symptoms to detect elder abuse:
- Unusual or unexplained physical injuries
- Bruises, slap marks, broken bones or dislocations
- Bedsores or pressure ulcers
- Malnourishment or unkempt appearance
- Frequent visits to the emergency room
- Unexplained or sudden decline in physical or mental health
- Sexually transmitted diseases
- Depression, anxiety or withdrawal
- Fear of a certain staff member
- Signs of financial abuse, including strange bank withdrawals
If you believe your loved one is the victim of nursing home abuse in Omaha, report your suspicions to the facility immediately. Call the police, as well, if it is an emergency. Take your loved one to a safe place and get him or her medical care, if necessary. Then, contact a nursing home abuse attorney to help you take steps toward justice.
How to Identify a Criminal vs. Civil Nursing Home Abuse Case
A criminal nursing home abuse case involves a crime committed by definition under Nebraska law, such as physical assault, battery or sexual assault. A civil nursing home abuse case, on the other hand, may or may not involve a crime. Your family may have grounds for a civil case due to a type of negligence that does not technically constitute a crime, such as withholding medical care from a senior.
Criminal cases are prosecuted by the authorities, while civil cases are brought by the victim or family. A criminal case for nursing home abuse can lead to penalties against the perpetrator, such as jail time. A civil case, on the other hand, will make the defendant pay for the victim’s losses. Discuss your case with a nursing home abuse lawyer to find out which type of case you have.
Does Every Nursing Home Abuse Claim Go to Court in Nebraska?
No, every nursing home abuse claim in Nebraska does not go to court. The vast majority of cases reach successful settlements, often facilitated by a nursing home abuse lawyer. Hiring a lawyer can increase your chances of reaching a settlement, as the defendant will be more willing to treat you fairly to avoid going to court. If the nursing home or defendant still refuses to offer an adequate amount for your claim, however, your attorney will not hesitate to represent you at trial.
Compensation for Omaha Nursing Home Abuse Claims
If your loved one has been abused in a nursing home, you need to speak to a personal injury attorney in Omaha as soon as possible. Your lovely may be entitled to compensation, and the team at Matthew G. Miller is ready to help. We want to ensure you receive maximum compensation, which can include coverage for:
- Your loved one’s medical expenses
- Loss of enjoyment of life damages
- Pain and suffering damages
- Coverage to relocate to a new facility
- Possible punitive damages against the negligent employees or facility