What Damages Can You Really Claim in a Nursing Home Abuse Case?

October 14, 2019

Deciding to move your elderly parent into a nursing home is one of the hardest decisions you’ll ever make. People feel guilty when they have to admit that they’re not able to care for their mom or dad. But they do their best and try to find a home that they know will take care of their parent. So, it can be devastating to learn that your loved one is the victim of nursing home abuse. Now, you not only feel guilty about moving your parent into a nursing home, you feel guilty about the abuse. You’re also angry and want justice, and might be wondering what damages can you claim for in a nursing home abuse case.

One of the hardest things about nursing home abuse cases isn’t proving that the abuse occurred. It’s proving that your client is entitled to compensation. Calculating damages for nursing home residents can be very difficult. As cold hearted as it may sound, an elderly person with no income is limited in the kinds of damages they can demand.

The good news, you can call an experienced nursing home abuse lawyer in Columbia. They’ll review your case and give you an idea of what kind of damages your loved one may be entitled to.

The Nursing Home Needs to Be Held Accountable

Before you even start to think about damages, you need to think about holding the nursing home accountable. Your loved one is not the only resident in the home. There are hundreds of people there. They could all be in the same position as your loved one.

Nursing homes are paid thousands of dollars per month (for each patient). Their duty is to make sure their residents are safe and well cared for. If they don’t do that, they risk being shut down. This is why it’s so important that nursing home abuse be reported to the State. Not only will it protect your loved one, it will also protect all the other residents.

Once you report the abuse, there’s a good chance the State will go into the nursing home to do an inspection. The State holds nursing homes and assisted living facilities to very high standards. If they can’t meet these standards they’ll be fined. They’ll be given a certain amount of time to correct their issues. If they fail to do this, they risk being shut down.

The People Who Hurt Your Loved One Needs to Pay Damages

The people who work at the nursing homes are responsible for taking care of your parents. If they don’t do this, they need to be held accountable. Technically, you can file suit against the employees of the nursing home. However, your nursing home abuse lawyer will probably advise you to limit your claim to the nursing home and its administration.

The nursing home should have to compensate your loved one for their injuries. In most personal injury cases, your lawyer would demand the following:

  • Medical bills and future medical bills
  • Lost wages
  • Lost future earnings
  • Pain and suffering
  • Permanent disability

When it comes to a nursing home abuse case, things work a little differently. Your Columbia nursing home abuse lawyer has to be a bit more creative when it comes to proving damages.

What Damages Can You Demand?

In these types of cases, your attorney will have to prove that your loved one has suffered a loss. Some of the types of damages your lawyer will demand includes:

  • Any medical bills associated with the abuse and medical treatment
  • The costs to transfer to a different nursing home
  • Pain and suffering
  • Emotional distress

Depending on the type of abuse involved, your loved one may also be entitled to the following:

  • Compensation for any theft or fraud committed against the resident
  • Money to cover any personal belongings that were stolen while at the nursing home
  • Compensation for any medical equipment required as a result of the abuse
  • Reimbursement for any medications that were stolen or withheld from your loved one

Because they cases can be very complicated, it’s a good idea to find a lawyer who specializes in this kind of law.

Contact an Experienced Nursing Home Abuse Lawyer in Columbia

If your loved one has been the victim of nursing home abuse, they have rights. Call an speak with an experienced nursing home abuse lawyer in Columbia. They’ll review your case and let you know what needs to be done.

Call and schedule your initial consultation. It’s absolutely free and you pay nothing until your case is settled.