How To Choose and Hire a Nursing Abuse Attorney

As we get older and our family members get older, living alone becomes a challenging task, and our health can force us to live in long-term care facilities, retirement homes, and nursing homes. As this reality sets in for us, we have to rely on the staff at these facilities to care for us. A major and unfortunate issue for elderly residents in the United States is abuse from nursing staff, with nearly 15,000 complaints in 2020 alone. Almost 29% of nursing home complaints are of physical abuse, 21% are related to psychological abuse, and complaints are related to neglect and financial exploitation. When abuse and neglect happen, we have to make sure that our rights and care are put at the forefront and take the correct actions to get the justice we and our loved ones deserve. However, choosing the right nursing abuse attorney can be difficult, considering they can be very complex cases. In this article, you will find information on reasons to hire a specialized nursing abuse attorney, what qualities to look for in your attorney, and a guide on how to locate the perfect attorney for your case.

Do I Need an Attorney?

If you believe that you or your loved one is the victim of abuse or neglect in a nursing home facility, you most certainly do need a nursing abuse attorney, and choosing the right one is a crucial step to ensure you and your loved ones get the justice you deserve. Attorneys who specialize in these cases play an important role in the advocacy of rights and well-being for elderly residents of nursing homes. In this section, we’ll take a look at some of the reasons you should look into hiring a nursing abuse attorney.

Physical Abuse

A major issue among retirement facilities and nursing homes is the physical abuse of residents. According to the Center for Disease Control and Prevention, over 600,000 older adults were treated for nonfatal assaults between 2002 and 2016, as well as over 19,000 homicides of older adults during that same time span. Physical abuse in a nursing home can occur when someone harms a resident in the form of a slap, punch, or shove. These harmful and unnecessary actions can result in long-term health issues and, in some cases, death. 

Neglect

With a good number of residents in nursing homes having to spend the majority of their time in their beds, it’s important that they receive the necessary care to make sure they feel comfortable during their stay. When the nursing staff neglects the resident for a significant amount of time and does not provide the proper care, it can lead to a number of complications, including dehydration, malnutrition, and painful bedsores, among other issues. 

Financial Exploitation and Abuse

There are plenty of times when elderly residents get taken advantage of by nursing staff via financial exploitation or fraud. This is especially common for residents who have majority control of their financial situation and those who have memory loss. Financial abuse and exploitation are some of the crimes most commonly linked to elder abuse in 2019 and 2020, according to a report from the Office for Victims of Crime, as they are especially vulnerable to financial fraud.

Qualities of a Good Nursing Home Abuse Attorney

Elder neglect and abuse is a very serious and delicate matter, and if you and your family are deciding to find a nursing home abuse attorney to start a case for your loved one that you suspect is a victim of abuse, there are certain qualities that you will want to look for in that attorney. Unfortunately, there are those who take advantage of elders, and there are those who also won’t be so quick to advocate for you or your loved one. In this section, we’ll take a look at some of the top qualities of a good nursing home abuse attorney.

Expertise in Laws Surrounding Elders and Nursing Home Abuse

In cases of nursing home abuse, expertise is crucial. Lawyers need to be well-versed in both elder law and the particular legal facets of nursing home abuse and neglect. This involves being aware of the specific laws, liabilities, and rights that apply to nursing homes. An experienced attorney can successfully represent their client's interests and negotiate tricky legal terrain by having a firm grasp of the pertinent laws. They should be knowledgeable about the warning signs of abuse and neglect so they can see problems early and take appropriate action.

Dedication and Tenacity

Abuse cases that involve nursing homes can be complex and time-consuming. A good lawyer must be tenacious and committed to seeking justice on behalf of their clients. They must be prepared to go above and beyond by performing in-depth investigations, collecting proof and evidence, and developing a solid case. This commitment frequently requires the attorney to take on nursing home corporations or individuals, making it crucial for them to maintain their resolve in the pursuit of justice. An excellent nursing home abuse lawyer will be unwavering in their pursuit of a just resolution for their clients.

Empathy and Compassion

The biggest and most important quality that you should look for in the nursing home abuse attorney you’re about to hire is that they actually have empathy and compassion for you and your family. A quality nursing home abuse lawyer must have a strong sense of empathy and compassion. Managing incidents of elder abuse or neglect is delicate and emotionally stressful. In addition to providing legal counsel, a lawyer who actually cares about the welfare of elderly clients and their families will also offer emotional support throughout the very difficult and upsetting legal process. With the help of this empathy, the lawyer can establish a personal connection with you as their client, leading to a better understanding and meeting the needs of you and your family.

How To Hire a Nursing Home Abuse Attorney

Seeing your loved one struggle in their nursing home as a result of neglect or abuse from staff members can be an incredibly stressful and emotionally difficult time. Making the decision to take action and hire a nursing home abuse attorney can make sure that you or your loved one is not only out of an abusive environment but also that they get the proper care they deserve as well as the justice they rightly deserve. In this section, we’ll provide a step-by-step guide on how to hire a nursing home abuse attorney.

Step 1: Research for Qualified Attorneys

Start your search for a nursing home abuse lawyer by looking up experienced attorneys in your local area. You can start by asking friends, relatives, or medical experts for referrals and suggestions. A list of suitable lawyers can also be obtained from legal directories, bar associations, and online resources like the online attorney directory at Expertise.com. Their online directory can help you quickly locate an experienced nursing abuse attorney to start the process of your lawsuit. 

Step 2: Check Qualifications and Experience

Examine the track record and expertise of the lawyers on your shortlist. Look for lawyers who focus on cases involving elder law or abuse in retirement and nursing homes. Verify their experience, training, and any accolades or distinctions that may be relevant to your lawsuit. Complex matters like elder abuse cases are better suited for an attorney with the proper expertise.

Step 3: Schedule Consultations

Schedule appointments to meet with the lawyers on your shortlist for your first consultations. Discuss your worries and gauge the attorney's knowledge of cases and other situations involving nursing home abuse during this meeting. A qualified and experienced lawyer should be able to answer your questions and thoroughly explain the legal process and your options at hand, so pay attention to how they communicate. Verify the attorney’s reputation and history of cases by looking at online reviews and testimonials, as well as getting references from past clients. This ensures that you are getting the right representation for your delicate case.

Step 4: Discuss Fee Structure

During the initial consultation, bring up the attorney's payment schedule. Many attorneys who specialize in cases of nursing home abuse do so on a contingency basis, which means they only get paid if you succeed. Make sure you thoroughly understand the fee schedule and any other expenses related to the legal process, as there are often additional costs that arise during the case. This is especially prevalent with attorneys who work on contingency agreements.

Step 5: Evaluate Availability and Resources

Do your best to assess the lawyer's accessibility and communication style. A quality lawyer should return your calls and emails promptly and keep you regularly updated on the status of your case. Open lines of communication are crucial throughout the legal process.

 Ask the lawyer whether they have access to a variety of different legal resources or expert witnesses. Medical, financial, or industry experts in the nursing and long-term care industry are frequently required in nursing home abuse lawsuits to strengthen the evidence. Be sure that the lawyer has the means and the resources available to compile relevant evidence and create a compelling argument.

Step 6: Review the Contract and Make Your Decision

Examine the engagement contract closely before retaining legal representation. Make sure you understand all of the terms, costs, and any clauses that are involved. If something in the contract is confusing to you, ask for an explanation. Make a well-informed decision on the nursing home abuse attorney that you want after taking every relevant factor into mind. Pick the lawyer that best fits your needs, has experience, and is committed to pursuing justice for you or your loved one.