Paragould Nursing Home Abuse Lawyer
When people place their loved ones into nursing homes, they expect that their loved ones will be taken care of. Unfortunately, many families are horrified to find that others have victimized their loved ones in the nursing home, often staff members. If your loved one was abused, contact an attorney who can help your family get justice.
Abuse may take many forms in a nursing home, and the signs of abuse are not always easy to spot. Physical abuse may leave signs of injuries that staff members cannot or will not explain. Many victims experience significant verbal and emotional abuse, and families may notice drastic changes in their personality as a result. If you believe your loved one has been abused, call the police and contact an attorney about suing for fair compensation.
Start your civil case with a free legal review from our nursing home abuse attorneys by calling our offices at (479) 316-0438.
How Does Abuse Occur in a Nursing Home in Paragould?
Abuse may happen in various ways, and your lawyer can help you investigate the abuse to determine what happened and who should be held responsible.
Physical Assault
Abuse often takes the form of physical assault and battery. Nursing home staff may be unprepared to provide the level of care that nursing home residents need, and they may take their frustrations out on residents. Whether you notice a few bumps or bruises or serious wounds on your loved one, you should complain to the nursing home and seek legal help.
Dangerous Neglect
Not all abuse is a direct assault on victims, but rather a deliberate or grossly negligent lack of care. Bed sores are a very common sign of neglect, especially in victims who have limited mobility and rely on nursing home staff for assistance.
Verbal Abuse
Abuse might not always leave physical marks. Many victims experience verbal harassment and emotional abuse. Nursing home staff members might not be violent, but they might be harsh and cruel to those in their care. Victims might feel they are being demeaned, humiliated, and harassed by abusers.
How Do I Prove That My Loved One Was Abused in a Nursing Home?
Proving that your loved one was abused in a nursing home may be challenging, as abusers might try to cover up evidence of their bad actions. Your attorney should help you investigate for the evidence you need.
Medical Records of Your Loved One’s Injuries
We need evidence of your loved one’s injuries. Take your loved one to a doctor to be evaluated immediately. The doctor may find new and old injuries that may be consistent with abuse. These medical records can help us firmly establish the existence of injuries that likely came from abuse.
Testimony from Your Loved One and Other Nursing Home Residents
Your loved one may need to testify about their abuse in court. They may explain how they were abused and identify those responsible. Our nursing home abuse attorneys should also interview other nursing home residents to see if they knew about or even witnessed the abuse firsthand. If your loved one has cognitive or memory issues that prevent them from testifying, we can find other evidence.
Results of a Criminal Investigation
The police should be informed of the abuse so they can also investigate. They may turn up evidence we cannot obtain on our own. Not only that, but state agencies, like the Department of Health, may launch investigations that we can review for evidence.
When Should I File a Lawsuit for Nursing Home Abuse in Paragould?
When it comes to legal action, it is best to act sooner rather than later. Ask a lawyer for help with your abuse claims as soon as possible.
Statute of Limitations
In Arkansas, civil claims for injuries must be filed no later than 3 years after the injuries occur. However, abuse can be tricky, and we might not know exactly when the abuse happened. In that case, we might be able to calculate the limitation period from when we first discovered the abuse.
Fraudulent Concealment
Nursing homes and employees often try to cover up evidence of abuse to avoid accountability. As such, the families of victims might not know about the abuse until after the statute of limitations expires. However, we may be able to buy more time if we can prove that the defendants fraudulently concealed material facts and information that prevented us from filing the case sooner.
Multiple Instances of Abuse
Abuse often happens more than once, and victims may be abused over a longer period of time. Rather than calculate the limitation period from when the abuse started, we may calculate it from the most recent instance of abuse.
FAQs About Legal Action for Nursing Home Abuse in Paragould
How Can I Tell if My Loved One Has Been Abused in a Nursing Home?
Signs of abuse may include physical injuries that the nursing home cannot or refuses to explain. Some injuries may appear partially healed or have healed incorrectly. You should also be wary of sudden changes in your loved one’s personality, demeanor, or overall health.
Is Nursing Home Abuse in Paragould a Criminal Offense?
Yes. Abuse may be charged as a crime, especially if it leads to physical injuries. Staff members who perpetrated the abuse could be faced with charges for assault or other violent crimes. As such, you must report nursing home abuse to the police.
How Do I Report Nursing Home Abuse to the Authorities?
If you suspect your loved one has been abused while living in a nursing home, you should call the local police immediately and explain your suspicions. They may open an investigation into the nursing home. Your attorney should also help you file a complaint with the Arkansas Department of Health.
What Kind of Proof is Needed for a Nursing Home Abuse Lawsuit?
Photos of injuries, your loved one’s testimony, and medical records may be necessary to prove your claims. We also need evidence that the injuries are the result of abuse. We may need certain records from the nursing home and even security camera footage that shows the abuse happening.
Can I File a Nursing Home Abuse Lawsuit on Behalf of a Loved One?
Yes. Many nursing home residents are in poor health and have serious cognitive or memory problems. If your loved one cannot initiate legal action on their own, you may step in and be appointed their legal guardian, and you can file the case on their behalf.
How Soon After I Notice Abuse Should I Sue the Nursing Home?
The abuse may constitute a personal injury claim. In Arkansas, such claims must be filed no later than 3 years after the abuse occurs. If the abuse is repeated over a period of time, we may calculate the limitation period from the most recent instance of abuse rather than from when the abuse first started.
Talk to Our Nursing Home Abuse Attorneys in Paragould About Your Claims
Start your civil case with a free legal review from our nursing home abuse attorneys by calling our offices at (479) 316-0438.