Can You Sue a Nursing Home for Abuse?
If you have a loved one in a nursing home, and you believe that they are being abused, neglected, exploited, or that other wrongful conduct is occurring, you might be wondering: "Can you sue a nursing home for abuse?"
You can sue a nursing home, and nursing home negligence does occur in some cases. However, it's important for families to understand that not all cases will support a nursing home negligence lawsuit, and they aren't always easy to prove. This is especially true when nursing home residents can't speak up for themselves.
Nursing home negligence lawyers help Iowa families who are facing nursing home negligence and abuse. They can also help with how to negotiate a dog bite settlement. Reporting the nursing home neglect or abuse is one step, and pursuing a civil claim is another. A repost can help to bring suspected mistreatment to the right authorities, and a civil suit can bring compensation for harm that was suffered by the resident.
What Is Considered Nursing Home Abuse or Elder Abuse?
There are different ways that nursing home abuse may take shape. Looking at the state's definition, Iowa considers abuse to be:
Physical injury
Unreasonable confinement or punishment
Sexual abuse or offenses
Exploitation
Deprivation of necessary care
Personal degradation
Neglect is also possible, and it involves failure to provide the necessary care to maintain the dependent adult's life or health.
Examples of what Iowa would define as abuse or negligence include hitting or harming a person, withholding their care, failing to adequately supervise them, taking advantage of them financially, sexually abusing them, or intentionally humiliating or degrading them.
It's important to remember that not every injury a person has is caused by abuse. Accidents happen. However, if you have evidence that support an abusive or neglectful situation, you should seek out a nursing home abuse lawyer and consider a legal process to start figuring out what is happening.
Can You File a Nursing Home Abuse Lawsuit?
Yes, you can file a nursing home lawsuit if you suspect nursing home negligence or abuse. Taking legal action can hold the facility accountable and you can seek financial compensation for the suffering of your loved one.
Depending on the circumstances, a personal injury lawsuit like this could involve negligence, negligent hiring or supervision, failure to provide proper care, or intentional misconduct. The facts and evidence are important.
There are both criminal and civil lawsuits that can be filed against a negligent nursing home in Iowa, and they can occur at the same time. For more information, this injury law firm in Des Moines may be able to help.
Who Can Be Sued for Nursing Home Abuse?
The appropriate defendant depends on what happened and who was responsible. A lawsuit might involve the nursing home itself, an individual employee, or another party whose conduct contributed to the resident's injuries.
If an employee allegedly abused a resident, the case may also examine the facility's responsibilities for supervision, training, staffing, and care.
Determining who should be included in a lawsuit requires looking at the facts rather than assuming the facility is automatically responsible for every incident.
What Evidence Can Support a Nursing Home Abuse Case?
Evidence can be especially important in nursing home abuse cases because the resident may have difficulty explaining what happened.
Potential evidence can include medical records, photographs of injuries, nursing home records, medication records, incident reports, staffing information, communications with facility administrators, witness statements, and documentation from government investigations.
Family members should keep notes about concerning incidents, including dates, what they observed, who they spoke with, and how the resident's condition changed. Do not alter or discard photographs, messages, letters, or other records that may help establish what happened.
What Damages Can You Recover?
The damages available in a nursing home abuse lawsuit depend on the circumstances and the legal claims involved. Compensation may potentially address medical expenses, costs related to additional care, physical pain, emotional harm, and other losses caused by the misconduct or negligence.
In some cases, the facts may also support a claim for damages intended to address particularly serious or wrongful conduct. The amount and types of damages depend on the facts.
If the resident died, additional legal issues can arise concerning who may bring the claim and what damages may be available. Those cases should be evaluated promptly because different rules can apply.
Does Reporting Abuse Mean You Have a Lawsuit?
No. Reporting suspected abuse and filing a civil lawsuit are different processes.
Iowa HHS accepts reports of suspected dependent adult abuse, and anyone may make a report. For suspected abuse in a licensed facility or program, Iowa HHS directs people to the appropriate facility-abuse reporting process. If a vulnerable adult is in immediate danger, call 911.
An agency investigation may provide important information, but it does not automatically determine whether a civil lawsuit will succeed. A civil case requires its own legal and factual analysis.
How Long Do You Have to Sue a Nursing Home?
Time limits can be critical. Iowa's statutes of limitations vary depending on the type of claim. Certain actions involving medical care have specific limitations rules, while other claims may be governed by different provisions.
Because the deadline can depend on the facts, it is risky to assume that you have plenty of time. Waiting can also make it harder to preserve records, locate witnesses, and investigate what happened.
If you believe a loved one was abused or neglected, consider speaking with an attorney as soon as possible to determine what deadlines may apply.
What Should You Do If You Suspect Nursing Home Abuse?
The first priority is protecting the resident. If there is immediate danger, call 911. Suspected dependent adult abuse can also be reported to Iowa HHS at 1-800-362-2178, which is available 24 hours a day. For suspected abuse in a licensed facility or program, Iowa HHS lists 1-877-686-0027 for facility abuse reports.
You should also document what you know. Keep copies of relevant records and write down dates, names, statements, injuries, and other observations.
If the resident was injured, an attorney and their legal team can review the available evidence and explain whether a civil claim may be appropriate. They can also answer questions such as can you sue a hospital for wrongful death?
Talk to a Des Moines Nursing Home Abuse Attorney - Tom Fowler Law
If you believe a loved one suffered abuse or neglect in a nursing home, you do not have to determine the entire legal case on your own. Reporting the suspected abuse can help address immediate safety concerns, while a nursing home lawyer can evaluate whether the facts support a civil claim.
A nursing home abuse attorney can review medical records and other evidence, identify potentially responsible parties, explain applicable deadlines, and help you understand your legal options.
If your loved one has been harmed in a nursing home, contact Tom Fowler Law for a free consultation to discuss the circumstances and learn what steps may be available.