Nursing Home Injury Self-Help

I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a listener who would like to know “what are the family’s legal rights if a family member is hurt as a result of abuse or neglect at a nursing home?”

We take seriously nursing home injuries that result from neglect or abuse. But, not every situation justifies the filing of a medical malpractice lawsuit. Malpractice cases are expensive to pursue and require expert testimony to be successful. Every situation needs to be evaluated carefully.

Where an injury quickly heals, a malpractice case may not be practical.

But, there are remedies available to families who have had a loved one fall victim to abuse or neglect at an assisted living facility.

Here we outline a few of the steps you should consider taking immediately to protect a patient’s safety and well-being.

Contact the Operators of the Nursing Home

If you suspect neglect or mistreatment, discuss the issue with the chief of staff at the facility or higher-level management at the facility.

Your goal should be to resolve the problem, and ensure better care for your loved one going forward.

Consider recording the conversations you have in person about your issues.

If you come to an agreeable understanding about the issue, ask the facility to put it in writing and ask them to sign it.

Thereafter, you must continue to monitor the problem to be sure that the solution is implemented, and that the patient is safe and secure.

Contact State Officials Charged with Supervising the Facility

Consider contacting your State’s Adult Protective Services agency, and/or nursing home licensing board.

Such agencies need to know of dangerous situations at a facility, and may be able to connect you with other resource agencies at the local and federal government levels.

Document with Photos and Videos Signs of Abuse or Neglect

If you see bruising and/or swelling, or what might be called common warning signs of abuse or neglect, you need to take action to preserve evidence of what you observe.

Factual proof that your elderly or vulnerable loved one may have been mistreated is important. Have the photos or video clips available when you discuss the matter with the operators of the facility and/or government regulatory agencies. Stay vigilant.

If your loved one has suffered a serious injury while at a nursing home, or extended care facility, contact a qualified attorney as soon as possible for assistance in holding the operators of the facility accountable for any wrongful conduct.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at www.DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.