Do you have a loved one in a nursing home who has suffered abuse or neglect? At Jay Trucks and Associates, our nursing home abuse lawyers are dedicated to holding abusive or neglectful staff members and others accountable for their actions. We understand nursing home residents may have mental or physical conditions that make it difficult to speak up and they may have also been threatened by their abusers and can help to build a robust argument for your damages claim.
... Your staff was very helpful and was constantly in touch. I’m grateful and very pleased with the outcome.
- J. Yorch
We have been representing injured victims throughout Michigan for decade and during that time, we have successfully recovered more than $500 million in compensation for our clients. Founder Jay F. Trucks is an active member of the Michigan Trial Lawyers Association.
If your loved one suffered abuse or neglect at his or her long-term care facility, we want to help. We offer a free, no-obligation nursing home abuse consultation to review the specifics of your claim and discuss your legal options. If you have a case and we represent you, there are no upfront costs. Since we operate on contingency, you pay us nothing unless we obtain compensation on your loved one’s behalf.
Call to schedule your FREE consultation: (800) 762-8623
How Do I Prove Nursing Home Abuse?
It is challenging to establish nursing home abuse or neglect without legal help. Our trusted attorneys have extensive knowledge of the laws that are designed to protect your loved one, and we know how to investigate a potential case of abuse or neglect, gather strong evidence to support your claim and pursue financial compensation for the damages your loved one suffered.
Some important considerations that help us to determine if your case has merit include:
- Type and extent of any injuries your loved one has suffered – this includes emotional and psychological harm
- Investigating the nursing home for a history of abuse or neglect or residents
- Discuss how the facility owner and/or administrators responded to your concerns
- Review any tangible evidence you were able to obtain, such as photos of the injuries or statements from other caregivers, medical records, your own documentation of the type and frequency of the injuries, as well as your loved one’s personal account
Our lawyers will have to prove that the nursing home was negligent in upholding its duty of care to your loved one, this breach led to the harm your loved one suffered, and this harm caused damages, financial and otherwise.
At Jay Trucks and Associates, we understand how to thoroughly investigate incidents of nursing home abuse or neglect, and if you have a case, we are prepared to help you gather the evidence needed to build a strong argument on behalf of your loved one.
Complete our Case Evaluation form today.
Who Can Be Liable for Nursing Home Abuse or Neglect?
There are many parties who may share liability in a case of nursing home abuse or neglect. Each case is unique and frequently complex because of the number of people involved in the care of your loved one. Potentially liable parties could include:
- Administrators in charge of overseeing staff and day-to-day operations
- Staff nurses who provide direct care
- Facility caregivers or assistants
- Attending physicians or other medical staff
- Third-party vendors, contractors or guests who may gain access to residents
Can I Get Compensation for A Case of Nursing Home Abuse?
If you have an eligible case, our experienced Lansing nursing home abuse lawyers are prepared to help you recover damages for the harm your loved one suffered. The type of compensation he or she may be eligible to receive could provide for:
- Emergency vehicle transportation
- In-patient hospital stays
- Surgical interventions
- Prescription medication
- Doctor appointments
- Physical and rehabilitation therapy
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Post-traumatic stress disorder
If your loved one suffered harm due to malicious or egregious negligence, our Lansing nursing home abuse attorneys may also be able pursue compensation for exemplary damages. These are not the same as punitive damages that other states may award to punish offenders. Exemplary damages are different in that they are intended as further compensation to the injured victim for the heinous harm, pain and suffering inflicted on them.
Contact our firm today to learn how to get started: (800) 762-8623
What Rights Protect Nursing Home Residents in Michigan?
There are federal laws that protect nursing home residents across the U.S. Your loved one is also protected by regulations outlined in Michigan Compiled Laws Section 333.20201. These laws provide many different types of protection, including, but not limited to, the right to:
- Live in a clean, safe, well-maintained living area, with the ability to have personal belongings on the premises
- Exercise each civil and constitutional right
- Personal privacy as it relates to ongoing medical care, communicating with others via any means, living accommodations, personal care, and the ability to meet privately with friends, family or other residents
- Receive care that meets acceptable standards, regardless of nationality, age, health, race, marital status, religion, disability or source of the payment
- Be informed about, and included in, his or her plan of care for existing medical conditions – including the recovery prognosis
- Meet privately with the medical provider or other caregiver of his or her choice
- Send and receive communications or packages by any means – with the understanding that there may be a reasonable cost. All packages and forms of communication are private and will be given to the resident in the original, unopened condition on the day that it is received by the facility.
- Be involved in managing the symptoms, such as pain or nausea, of his or her medical condition
- Be free from the use of any chemical restraints, except when a qualified physician authorizes the use in writing and only requires it out of necessity.
- Be well-informed about all nursing home rules, regulations and processes
If your loved one suffered any violation of these or other protected rights under federal or state laws, you may be able to bring a nursing home abuse or neglect lawsuit to recover damages.
Get answers to your legal questions in a FREE consultation: (800) 762-8623
What Type of Abuse Happens in Nursing Homes?
Abuse takes many forms, and in a nursing home or long-term care facility, the most commonly seen types of abuse include:
Physical abuse refers to any type of incident that involves physical violence against a nursing home resident, which could include:
If you see unexplained bruising on your loved one, accompanied by frequent cuts, burn marks or broken bones, then it is important to find out what happened. If your loved one seems unwilling or afraid to talk about it, report the injuries to administrators immediately. While some injuries may have a reasonable explanation, it is important to review the medical records to see what is being documented.
Psychological or Verbal Abuse
Sometimes facilities that are negligent in their hiring of staff may unknowingly engage the services of employees with a history of abusive behavior. This could include incidents where residents get harassed, called names or humiliated in front of others. Abusive caregivers use this kind of treatment to intimidate and control residents.
Residents suffering this type of emotional abuse may display atypical behavior, such as becoming withdrawn, anxious and fearful. Others become so depressed that it affects their appetite. If you see any extreme or unexplained mood changes in your loved one, it may be a sign that they are suffering from some form of psychological abuse.
This type of abuse refers to any incident where a resident is forced to endure unwanted sexual contact. This type of abuse could include forcing a resident to perform a sexual act, rape, or photographing a resident in a compromising position and sharing it with others or on social media.
Signs that a resident may have suffered sexual abuse includes:
- Sexually transmitted diseases
- Bloody sheets or torn clothing
- Urinary tract infections
- Experiencing discomfort or pain when sitting
- Genital bruising
How To Report a Case of Michigan Nursing Home Abuse
In an emergency, call 9-1-1. Having the police investigate the situation creates an official record and helps get your loved one out of harm’s way.
It is also important to report the incident to those in charge of the nursing home, such as a director or administrator. Many of those who are employed by a nursing home are mandated reporters of abuse, which means if they are aware of an incident of suspected abuse, neglect or financial fraud, they are legally required to report it to Adult Protective Services.
You can also report the incident yourself through the Bureau of Health Services Hotline for Abuse at 800-882-6006.
Filing Deadline for Nursing Home Abuse Claim
As with any personal injury claim, it is important to be aware of Michigan’s strict statute of limitations, or deadline for filing a claim. Typically, this is three years from either the date of the injury or date of discovery. There are some exceptions to this deadline that could require you to file significantly sooner, but your attorney can explain what deadline applies in your situation when you meet to discuss whether you have an eligible claim.
If you miss your filing deadline, you may lose the opportunity to pursue a claim to recover damages on your loved one’s behalf.
We are available to take your call 24/7. Call today: (800) 762-8623
Contact a Lansing Nursing Home Abuse Lawyer Today
If your loved one suffered harm because he or she was subjected to some form of nursing home abuse or neglect, we are prepared to help.
Our qualified attorneys can review the details of your potential claim and answer any questions you may have about the legal process. We are dedicated to holding the perpetrators of abuse and neglect financially accountable for their actions and pursuing maximum compensation on behalf of your loved one.
At Jay Trucks and Associates, we have decades of experience and have obtained millions in compensation for injured victims throughout Michigan. We take nursing home abuse and neglect cases on contingency, which means no upfront fees are due. We do not get paid for our services unless we first achieve a recovery for you.
Free Consultation: (800) 762-8623.