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How Can an Attorney Help the Victims of Nursing Home Abuse?

by Thomas Stroble | September 23rd, 2015

home caregiverNursing home abuse is a pervasive problem in the United States today. While statistics regarding nursing home abuse are extremely difficult to gather, a study endorsed by the National Center on Elder Abuse1 indicated that 44 percent of nursing home residents indicated that they had been the victims of abuse. Nursing home abuse can take many forms, including physical, emotional, and financial abuse, and can leave victims with significant physical and emotional injuries. Fortunately for victims, there are many ways in which an experienced attorney may be able to help. Some of the more common are discussed below. For specific information regarding your case, schedule a consultation with a Michigan nursing home abuse attorney today.

Investigate your claim of abuse

While some cases of abuse are apparent, others may be more subtle and require significant investigation to uncover. Sometimes, nursing home residents are too scared or embarrassed to admit that abuse has occurred, while others may simply be unaware that it is occurring at all. When you retain an attorney, he or she will investigate any signs of abuse and may compel the production of medical records or other documents that may establish that abuse has taken place.

Negotiate a settlement arrangement

If the facility admits liability for the abuse or neglect, there is a good chance that the case will never see the inside of a courtroom. Many of these cases are settled out of court, as the facility is aware of the fact that is liable and would like to avoid the time, expense, and negative publicity associated with a nursing home abuse trial. In these cases, the assistance of an attorney can often have a significant impact on the final amount of any settlement arrangement that is reached. People unfamiliar with placing a value of nursing abuse cases often are tempted to accept the first offer tendered by the facility, which is generally much lower than the actual value of the case. An attorney will help ensure that you receive the full and fair value of your legal claim.

File a lawsuit on your behalf

In some cases, victims of nursing home abuse and the facility responsible for the abuse cannot come to a mutually agreeable settlement arrangement. When this occurs, it may be necessary to file a lawsuit to recover compensation. Filing a lawsuit and conducting a trial is a complicated matter involving substantive and procedural legal rules,2 and it is highly advisable for anyone considering suing a nursing home to do so with the assistance of an experienced attorney

Contact a Michigan nursing home abuse attorney today to schedule a free case evaluation

People who have been injured by the abuse or neglect of nursing home staff can often recover significant compensation for their injuries. In many cases, the recovery that victims receive can significantly improve their quality of life. Since 2008, the personal injury attorneys of Michigan Injury Lawyers have been advocating for the legal rights of people injured by the negligence of others. To schedule a free consultation with a Michigan nursing home lawyer, call our office today at (313) 438-4357.

References:

1 http://www.ncea.aoa.gov/library/data/
2 http://courts.mi.gov/Courts/MichiganSupremeCourt/rules/
Documents/CHAPTER%202.%20CIVIL%20PROCEDURE%20%28entire%20chapter%29.pdf

Posted In: Medical Malpractice