Nursing Home Abuse Attorney in Grand Rapids, Michigan
Entrusting your loved one’s care to a nursing home can be a difficult decision to make. You expect that he or she will be treated with dignity and respect under this type of care. Unfortunately, nursing home abuse happens far too often.
If your loved one is a victim of nursing home abuse or neglect, you may be eligible to recover compensation for pain and suffering, medical costs and other losses on his or her behalf.
At Jay Trucks & Associates, we understand the many challenges families face after discovering a loved one was abused or neglected in a nursing home. We are dedicated to protecting the rights of the elderly in Michigan, and our firm has more than a 30-year history of recovering over $500 million in compensation for the injured victims we have represented.
Set up your free consultation with a Grand Rapids nursing home abuse attorney today to learn how we may be able to help you. Our services are provided at no upfront cost to you. We only collect payment if we help you obtain compensation.
Without Jay Trucks, I don’t know what I would have done. Mr. Trucks has been great and helped me through all of this. Thank you very much…
— J. Emmons
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Jay Trucks & Associates, PC
Do I Have a Case for Nursing Home Abuse?
In any nursing home abuse or neglect case, you must be able to prove that an injury is directly connected to the negligence of the nursing home or its staff. All claims must be verified and backed up with solid evidence. This can be very difficult to establish without the help of an experienced attorney on your side.
At Jay Trucks & Associates, our consultations are completely free and confidential. Should you have a case, our legal team is well-versed in proving negligence. This requires showing that a duty of care was owed to your loved one, his or her rights were violated resulting in a breach of this duty, and your loved one suffered harm as a result.
Negligent behavior that often leads to nursing home abuse includes:
- Failure to keep the premises safe and free from reasonably foreseen hazards that result in residents slipping and falling in their rooms or in the hallways
- High resident-staff ratios or high staff turnovers resulting in residents suffering from bedsores, malnutrition or dehydration from lack of basic needs being attended to
- Poor staff training and/or oversight resulting in employees making errors leading to inadequate care
- Failure to maintain health and safety policies causing residents to live in unsanitary conditions
- Negligent hiring of staff caused by a failure to conduct a thorough screening process to check an applicant for a previous criminal background and valid certifications
A qualified Grand Rapids nursing home abuse lawyer from our firm is prepared to collect medical reports, witness statements, photographic evidence of injuries, and fully investigate what happened, including any previous claims of abuse or neglect against the facility or its staff to help build a strong case.
Potential Liable Parties for Abuse or Neglect
There are different individuals and facilities that could be legally liable for nursing home abuse or neglect, depending on your loved one’s particular circumstances. Some of these parties may include, but are not limited to the nursing home, nurses, caregivers, and other staff members.
A nursing home may be held liable if the facility failed to take preventative measures to ensure the safety of its residents, such as hiring properly trained and qualified employees, adequately monitoring staff or providing sufficient security on the premises.
Nurses, caregivers and staff members could also be held responsible for delivering inadequate care, overmedicating residents or failing to monitor residents, especially those who wander.
Nursing homes and other long-term care facilities also have a legal obligation to protect its residents from abuse by a third party, such as a contractor, medical supplier, maintenance crew, or another resident’s guest. If a resident is injured by any of these individuals, the facility could be found liable for inadequate security.
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Damages Recoverable for Nurse Home Abuse
Every case is unique so the type and amount of damages available will depend on the injuries your loved one sustained, both physically and psychologically. Victims of nursing home abuse and their families may generally be eligible to recover compensation for the following damages:
- Prescription medications
- Doctor’s office visit bills
- Hospitalization bills
- Emergency services
- Surgery
- Physical therapy
- Cost of transportation for medical appointments
- Counseling
- Physical pain
- Mental suffering
- Loss of quality of life
In cases where a resident is the victim of egregious, malicious, or despicable behavior, our Grand Rapids nursing home abuse lawyers may be able to help seek compensation for exemplary damages. These damages are comparable to punitive damages other states may award, however exemplary damages are awarded to the victim as opposed to punitive damages which punish the wrongdoer. Our firm is committed to pursuing the maximum compensation for your loved one.
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Nursing Home Residents’ Rights
Nursing home residents have certain rights protected under federal law and state law. Michigan residents in these facilities have a legal right to the following:
- Receive adequate and proper care regardless of race, religion, national origin, sex, age, disability, marital status, or source of payment
- Receive a copy of his or her medical record for a reasonable free
- Personal privacy and confidentiality when it comes to accommodations, personal care, medical treatment, written and verbal communications, visits and meetings with family and other residents
- Refuse medical treatment and be informed of the consequences of that refusal
- Know who is responsible for providing his or her direct care and receive updates on health needs
- Be free from chemical restraints unless these restraints are authorized by an attending physician
- Receive information about the facility that affects resident care and conduct
- Adequate and appropriate pain and symptom management as part of his or her treatment
Types of Nursing Home Abuse Our Firm Handles
There are several types of abuse in nursing homes that range in severity. Our legal team at Jay Trucks & Associates has over three decades of experience handling cases involving a wide variety of abuse, such as:
Physical Abuse
This can happen when a resident intentionally suffers physical injury or trauma to the body caused by being:
- Struck, hit or slapped
- Kicked, punched or bitten
- Pushed, shoved or grabbed
- Restrained or confined
- Harmed by an object
Physical abuse can cause serious, life-threatening injuries and even death without proper medical attention.
Sexual Abuse
This can happen when a resident is forced into unwanted sexual activity through the following:
- Being touched or groped
- Non-consensual intercourse
- Coerced nudity
- Raped
- Sexually explicit pictures
Sexual abuse can physically manifest as bruises, scratches or lesions around the genital area and cause emotional damage. Incapacitated residents who are unable to give consent are frequently targeted.
Emotional/Verbal/Psychological Abuse
This can happen when certain words or actions cause a resident distress, fear and mental trauma, such as:
- Being called names
- Insults related to appearance or intelligence
- Being physically threatened
- Verbal assaults
Emotional, verbal or psychological abuse can also include isolating residents from family and other residents and exerting control over them by limiting their ability to make phone calls or engage in social activities.
Financial Abuse
This form of abuse intentionally exploits or manipulates a resident to gain financial control over him or her. This is done through illegal and unauthorized use of a resident’s finances, carried out in the following ways:
- Denying a resident access to his or her money
- Stealing a resident’s money and other possessions
- Taking a resident’s personal documents, such as banking statements
- Using forged documents to obtain access to a resident’s funds
- Deceiving or manipulating a resident into giving up control of his or her money
- Misusing a power of attorney
Residents are often financially devasted and may even lose all of their income and savings needed to help pay for their long-term care and other obligations.
General Neglect
This can happen when a nursing home fails to provide proper care to its residents. Unlike abuse, neglect is generally caused by indifference, oversight or carelessness, such as:
- A resident left unattended for a long period of time
- A resident allowed to live in unsanitary conditions
- Failure to provide basic needs, such as food and water
- Not administering or improperly administering a resident’s medication
- Failure to provide regular baths, whether requested or not
- Ignoring health hazards or basic needs, such as clean water and heat
- Failure to report a resident’s complaints, injuries or health issues
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Reporting Nursing Home Abuse in Michigan
If you suspect your loved one has suffered abuse or neglect in a nursing home and requires immediate medical attention, it is important to use 9-1-1 to contact the local authorities.
For non-emergency services, Michigan offers the following options for reporting elder abuse:
- Notify the Michigan Department of Health & Human Services (DHS), Adult Protective Services
- Call the Bureau of Health Services Abuse Hotline at 800-882-6006
- Contact Michigan Protection & Advocacy Services, Inc. for residents with disabilities
- Reach out to the Michigan Attorney General
Is a Resident Allowed to Leave a Nursing Home?
Residents of nursing homes have a right to leave the facility in the following situations:
- The current facility lacks the appropriate care the resident requires
- The resident may not like the current facility and requests a transfer
- The resident’s power of attorney may request a transfer of the resident
- The resident’s family believes he or she is being abused or neglected
Contact a Grand Rapids Nursing Home Abuse Lawyer
Filing a claim for nursing home abuse can be a complicated process. If your loved one was injured in a facility in Grand Rapids or Kent County, do not hesitate to seek legal representation.
Our lawyers at Jay Trucks & Associates understand what it takes to protect your loved one’s rights and hold those accountable for causing harm. We are available to assist you 24/7 over the phone or online. We have been protecting injury victims and their families for more than 30 years, recovering millions in compensation.
We welcome the opportunity to review your claim in a free and confidential consultation. There is no risk in reaching out and no obligation to pursue a legal claim. We charge no upfront fees unless we obtain a recovery for you.
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