Flint Nursing Home Abuse Lawyer

Nursing home abuse lawyers work to protect the rights of elderly residents who have been victimized or neglected in the very place where they are supposed to receive protection and care. These victims are especially vulnerable due to physical and mental conditions that make them an easy target for bullies, abusers and even criminals.

At Jay Trucks and Associates, we have been advocating for injured people throughout Flint and the entire state of Michigan for more than 30 years, and we have a proven track record of obtaining millions in compensation on their behalf.

If your loved one was harmed after suffering acts of negligence or abuse at his or her nursing home, we are prepared to aggressively seek compensation for the physical, emotional and financial damages he or she suffered.

Our Flint nursing home abuse lawyers offer a free legal consultation to determine whether your nursing home abuse or neglect case has merit. There is no obligation to move forward, and if we represent you, there are no upfront fees. We collect nothing for our services unless we are successful in obtaining compensation on your behalf.

How Do I Establish Evidence Of Nursing Home Abuse?

To prove a case of nursing home abuse in Michigan, your attorney must first be able to prove the legal theory of negligence, which means establishing:

• The facility owed your loved one a duty of care, as established when you signed a contract
• Your loved one received substandard care when compared to acceptable standards for licensed long-term care facilities
• This failure to provide an acceptable care led to your loved one’s death or other verifiable physical, financial or emotional harm
• Your loved one, or his or her estate, suffered quantifiable damages because of the harm done

If we determine you may have a case, additional evidence that could help to strengthen your claim could include:

• Medical records or other documentation describing the frequency and extent of the injuries
• A prior history of nursing home abuse or previous claims filed against the facility
• Other proof, such as pictures of the injuries, witness statements from other staff or residents, or any personal account you or your loved one may be able to provide
• Whether the facilities administrators took proper action after you reported your concerns

Our attorneys know how to thoroughly investigate the incident that caused your loved one’s harm, and we are prepared to help you gather supporting evidence to strengthen your claim, if you have a case.

Who May Be Liable For Nursing Home Abuse or Neglect?

Nursing home abuse or neglect cases are complex and may have multiple parties who could share liability for the harm to your loved one. While the facility owners may be liable for failing to provide adequate protection or security for residents, other negligent parties could include:

• Physicians or other medical professionals
• Facility caregivers
• Staff nurses
• Other third parties, including contractors, vendors or other guests

If we determine that you may have a case and you retain our services, we will thoroughly research to find all potentially liable parties.

What Is The Value Of A Michigan Nursing Home Abuse Case?

No two cases are the same. There are multiple factors that may contribute to the overall value of a claim, so we cannot accurately calculate the value of your potential claim without first understanding all of the specifics that may apply to your loved one’s situation.

However, in a case of nursing home abuse or neglect, your loved one could be eligible for these and other damages:

• Hospital treatments, such as in-patient stays or emergency visits
• Transportation for emergent medical care
• Surgical interventions
• Required prescription drugs
• Doctor appointments
• Physical therapy treatments
• Emotional distress or mental anguish
• Psychological care
• Loss of enjoyment of life

In Michigan, your loved one may also be eligible to receive exemplary damages if he or she sustained especially deplorable or malicious acts of negligence or abuse in which the perpetrator was found to have willfully disregarded human rights.

Exemplary damages differ from punitive damages awarded in other states. In Michigan, rather than punishing the perpetrator, these damages are intended to further compensate the injured resident for the harm he or she suffered.

Nursing Home Rights That Protect Michigan Residents

Nursing home residents in Michigan are guaranteed protective rights under both federal law and Michigan’s Compiled Laws Section 333.20201. These laws include the right to:

• Receive proper care, regardless of your race, nationality, sexual orientation, age, marital status, religion, disability or payment source
• Exercise each of your civil and constitutional rights
• Maintain personal privacy regarding your medical care, all forms of communications, accommodations, personal care and any private meetings
• Send any form of communication, understanding there may be a fee, and to receive any mail or packages, in the original and unopened condition on the day that it arrives at your facility
• Be informed about your medical condition, including your plan of care and recovery prognosis
• Refuse any treatment you do not want after receiving a clear explanation about any possible consequences if you choose not to accept a certain plan of care or medication
• Understand who will provide your care and any treatment plan updates
• Meet privately with any medical professional you choose as your care provider
• Be protected from the use of chemical restraints unless a qualified attending physician deems it is necessary and provides authorization in writing
• Require management of your own symptoms, such as pain
• Be properly informed about nursing home rules and regulations and other processes, such as if you needed to report a grievance against a staff member
• Live in a clean and well-maintained living space where you may store your personal items

If someone you care about suffered a violation of his or her rights as stated under federal or state law, you may be eligible to pursue compensation in a nursing home abuse or neglect lawsuit.

Common Types of Nursing Home Abuse or Neglect

Abuse happens in many forms, but in a nursing home, these are the three primary forms of abuse that happen:

Physical Abuse

A physical act of violence against a nursing home resident could include:

• Slapping or punching
• Pinching
• Pushing or shoving
• Kicking
• Burning
• Tripping

If you loved one shows signs of frequent or unexplained bruising, burn scars, lacerations, fractures or other suspicious injuries, it is a good idea to take pictures and document the injuries in a diary.

Additionally, you may want to note details such as whether or not your loved one was able to communicate what happened. Often victims may be afraid to speak up because they have been threatened by an abuser.

Verbal/Psychological Abuse

Unfortunately, some staff members verbally abuse residents by calling them names or degrading them by humiliating, harassing or insulting them in front of other staff members or nursing home residents. This can sometimes happen if a nursing home does not properly check the background of a potential employee for a history of abuse or other serious employment issues.

Signs that your loved one may be suffering from this type of bullying treatment may display as unexplained or sudden onset of fear, anxiety or depression. Many will also stop eating and become socially withdrawn.

Sexual Abuse

Any type of unwanted or non-consensual sexual contact is sexual abuse. Common acts of abuse may include:

• Any type of non-consensual touching
• Forcing the resident to perform sexual acts
• Rape
• Taking pictures of a resident in compromising positions and sharing them on social media

Common signs that your loved one may have been sexually abused includes torn underwear, bloody sheets, genital bruising or bleeding, pelvic injuries, panic attacks or discomfort when sitting. Some residents who suffered sexual abuse may contract a sexually transmitted disease (STD).

Neglect

Common signs of neglect in a nursing home may include:

• Bedsores, caused by residents being ignored and left in one position for too long
• Slip and fall accidents due to spills or objects not being cleared away
• Poor hygiene caused by a dirty, unkempt room
• Malnutrition or dehydration
• Overmedication or medication errors

Elderly residents suffering from other medical conditions are frail and therefore especially vulnerable to suffering ill effects from neglect. In some cases, this type of abuse can be deadly for a resident.

Why Does Nursing Home Abuse and Neglect Happen?

Residents in nursing homes suffer many types of abuse and neglect across the country, and many times these incidents are never reported, or if they are, appropriate steps may not be taken afterwards to protect other residents from the same type of harm. Neglect and abuse may happen because of:

• Limited staff – Caregivers may be stretched too far and unable to provide the required level of attention.
• Inadequate security – Facilities may not have sufficient or adequate security on the premises.
• Insufficient training – Nursing homes may neglect to provide proper training to caregivers or other facility staff.
• Negligent hiring methods – A nursing home may fail to conduct a full background check on employees to verify qualifications or investigate whether there is a prior history of committing abuse.
• Failure to supervise caregivers and other staff – Proper monitoring of employees to ensure residents are receiving proper care may be negligent or non-existent.
• Failing to provide a safe premises for residents – This could include the removal of objects, loose electrical cables, spills or other potential slip and fall dangers in resident common areas.

How Can I Report A Case of Nursing Home Neglect or Abuse?

The first step is to get your loved one out immediate danger and make sure there is an official report of an incident. In Michigan, as in other states, you can accomplish both steps by calling 9-1-1 to get police and other first responders on the scene.

It is always a good idea to report the incident to the facility’s owners or administrators. Additionally, nursing home employees, such as nursing staff and other medical professionals, may be defined as mandated reporters and as such are legally required to report any suspected incidents of neglect or abuse against a resident to Adult Protective Services. However, you can also report a known incident of elder abuse to Michigan’s Bureau of Health Services Abuse Hotline: 800-882-6006.

In addition to these steps, we strongly recommend that you contact a qualified attorney who understands Michigan state laws and who will fight for your loved one’s rights. Our reputable lawyers are prepared to aggressively pursue maximum compensation for the harm your loved one suffered.

Contact a Trusted Flint Nursing Home Abuse Lawyer Today

Concerned that your loved one is a victim of nursing home abuse or neglect?

We understand that it is emotionally traumatizing to discover your loved one is a victim of abuse or neglect, but at Jay Trucks and Associates, we are ready to help. Taking this step is an important one and can help to protect your loved one from further harm. It may also protect others from being injured by those same perpetrators.

Our Flint nursing home abuse lawyers accept cases of abuse or neglect on contingency, so there are no upfront fees needed to guarantee our services. We collect no money at all unless we are successful in winning a verdict or settlement on behalf of your loved one. Since there is no financial risk for calling us, we encourage you to set up your free initial consultation today.