There are several factors currently combining to create a nursing home crisis in the United States. First, with the baby boomers now well into their 60’s and 70’s, there are more people than ever using assisted care facilities. Second, with low unemployment and increasingly tight immigration controls on talented Salvadoran and Haitian immigrants that have long staffed nursing homes, the employment pool for traditional nursing home staff has never been smaller. As a result, I have noticed an increase in nursing home abuse and neglect cases here in Mississippi. When loved ones come into my office asking whether they have a strong abuse or neglect case, I usually go over a couple of questions to shed light on the situation, which I detailed in the blog post below.
If a loved one was injured as a result of nursing home abuse or negligence, one thing is critical to know—you will need to have experienced counsel help you attain your fair of compensation for physical harm, emotional harm, financial loss and death. Barrett Law has the experience to help you if you have been injured. Contact us now at (800) 707-9577.
What are the Key Components of a Nursing Home Abuse and Neglect Case?
Is it Really a Nursing Home?
The first question I ask clients is whether their loved one was in a licensed nursing home. I am specifically interested in whether the business in question was licensed, was full time live-in, and had paid nursing staff on site. Often people initially tell me that their loved one was in a “nursing home,” but after further questioning, it comes out that the loved one was actually staying with a relative that has some elderly people renting out rooms and receiving meals. There is a significant legal difference between the two. To be negligent, a person must have a legal duty to the injured person and must have violated that duty, giving rise to the injury in question. The duty of a licensed nursing home to protect and keep your loved one in good health is much higher than the duty of an unlicensed home where your loved one pays rent and receives some meals.
Did the Nursing Home Breach its Duty to Your Loved One?
One unfortunate reality is that a significant number of people are injured and die in nursing homes. But very few of those injuries and deaths result in an actionable negligence case for abuse or neglect. In reality, seniors are often unstable and fall. Many people die in nursing homes because their time was up. To be an actionable claim, the nursing home must have violated its duty by failing to provide your loved one with a clean and safe environment, or by committing physical or mental abuse. Being injured is not alone sufficient; instead, with the help of an experienced personal injury attorney, you must be able to show that that the injury or death in question arose from the breach of the nursing home’s duty to your loved one.
What Should You Do If You or a Loved One Has Been Injured at a Nursing Home?
If you or a loved one was injured as a result of abuse or neglect at a nursing home, you are entitled to compensation for your injuries and may have a viable negligence claim. Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with the nursing home’s attorneys. These are essential tasks that a personal injury attorney can handle for you and that you cannot handle alone.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury. Contact us now at (800) 707-9577.