Frequently Asked Questions About Nursing Home Abuse
US, Canada and Puerto Rico
Are there specific laws covering nursing home abuse?
What should I do if I’ve discovered an injury has occurred?
What are some warning signs of nursing home abuse?
What are your fees?
Q. Are there specific laws covering nursing home abuse?
A. There are laws that outline the rights of nursing home residents. We can help you protect those rights. Following an injury or death, occurring in the nursing home, it is wise to consult with us as soon as possible. Within the first week, important physical evidence can be lost, and witnesses may forget important details.
Q. What should I do if I’ve discovered an injury has occurred?
A. You should:
- Obtain names, addresses and telephone numbers of all witnesses.
- Photograph the scene where the injury occurred and any visible injuries (cuts, bruises). Professional photographs are generally preferable, but not essential.
- Talk to no one about the injury or injuries other than the victim’s personal physician or us.
- Consult with us before answering questions from nursing home management or insurance company representatives.
- Tell the victim’s personal physician or surgeon exactly how the injury occurred and describe all symptoms and complaints. Be sure to report any changes in memory, increased confusion or disorientation, however minor these things may seem at the time.
- Obtain and keep receipts for all expenses relating to the incident.
Q. What are some warning signs of nursing home abuse?
A. Residents in a nursing home sometimes have difficulty communicating with their family and friends when there is a problem with the care they are receiving. Abuse can occur in a number of different forms. Typically there are five types of nursing home abuse:
- Physical Abuse
- Sexual Abuse
- Financial Abuse
- Emotional Abuse
- General Neglect
Families should be ever watchful for the warning signs that might indicate ongoing abuse and neglect. Signs to watch for include:
- dehydration
- malnutrition and weight loss
- progressive, generalized deterioration in health
- bed sores
- inadequate clothing
- hypo-hyperthermia
- persistent odor of urine or feces
- safety hazards within the living environment (i.e.inadequate staff supervision)
- lice, sores and rashes
- medical conditions left untreated
- medication left over at the end of the month
- failure to provide assistive devices such as eyeglasses, dentures or hearing aids
- frequent urinary tract infections
- attempts by the caregiver to cover up injuries with clothing or bed linens
- a delay between the incident causing the injury and notification of a doctor
- frequent falls
- inadequate restraints for the level of confusion and activity of the resident
- uncontrolled infections
- sudden change in resident’s behavior
- caregiver blames the resident for acts such as incontinence
- caregiver is over affectionate with resident
- resident is socially isolated from others
- caregiver attempts to prevent the resident from speaking or seeing visitors
- caregiver speaks of the resident as a burden
- caregiver acts with indifference toward the resident
- conflicting stories from the resident and the caregiver
- caregiver acts defensively toward routine inquiries into the resident’s care
Q. What are your fees?
A. Balkin & Eisbrouch handle all cases on what is called a contingency fee. This means that no fees or costs are charged unless we collect money damages for you. We advance all costs for investigators, court reporters, expert witness testimony, accident reconstructionists, filing fees and any other expenses related to your case. All of the consultations with our office are absolutely free. When you receive compensation, meaning we have successfully concluded your case, either by settlement or litigation, our fees are a percentage of the gross settlement. This percentage is agreed upon before we begin work on your case and is generally between 20% and 40%. The percentage depends on the complexity and type of case.
Please remember:
Nursing home residents are extremely vulnerable. Because they often lack the power to care for themselves, elderly residents live at the mercy of corporations that own and operate nursing homes. At Balkin & Eisbrouch, we understand the special needs of nursing home residents, and we have the knowledge and resources to obtain full and fair compensation for the victims of nursing home neglect and abuse.
If you have observed these, or similar warning signs, and you would like to talk to us regarding whether your loved one might have a claim for nursing home abuse, please call us anytime. BALKIN & EISBROUCH 1-800-RESULTS (1-800-737-8587).
We Can Help!
You should contact us to evaluate your rights. Many valuable legal rights are lost everyday because of failure to take a legal action. Call us now at 1-800-RESULTS (1-800-737-8587) to protect your rights. Or Email us for more information.
Balkin & Eisbrouch, LLC is a national law firm covering all fifty states as well as Canada, Puerto Rico and all American possessions. No matter where you live, we will have an experienced personal injury attorney represent you.
No Recovery, No Fee!
We know most people can't afford high, hourly legal fees. That's why we work on a contingency basis. This means you won't pay anything, unless we recover money for you.
