When we place our elderly loved ones in nursing homes, we expect that they will receive the care and attention they need. However, when these facilities abuse or neglect residents, the families of these victims may be able to file a claim on their behalf. If your loved one has been harmed in a nursing home, contact our Traverse City nursing home abuse lawyers to learn more about pursuing compensation.
What I most appreciated was how informative every step was. I always knew what was going on and what to expect.
– K. Cowick
At Jay Trucks & Associates, we are dedicated to protecting residents’ rights. Over more than three decades, our firm has recovered in excess of $500,000,000 in compensation on behalf of our clients. We understand the laws that are applicable to nursing home negligence cases and are ready to help build a robust argument for your damages lawsuit.
Request a free consultation to get started. All of our services are provided on a contingency fee basis – at no upfront cost to you. We only collect our fees if we successfully help you obtain compensation.
Free Consultation. Ph: (800) 762-8623
How Do I Know If I Have a Case?
In cases involving abuse or neglect in the nursing home, our lawyers need to prove that your loved one’s injury is linked to the negligent acts of the facility and/or its staff. All claims needed to be thoroughly investigated and supporting evidence must be obtained to help build a stronger case for compensation.
Our free consultations offer the opportunity to answer any questions you may have and discuss your legal options. Our lawyers are well-versed in negligence laws and are prepared to help establish that a duty of care was owed to your loved one and a breach in that care directly resulted in harm and considerable damages.
Nursing home abuse often happens due to negligence caused by:
- Staffing shortages
- Poor staff training and experience
- Underpaid staff
- Inadequate hiring practices
- Lack of supervision, management and accountability
- Failing to adhere to health and safety standards
An experienced Traverse City nursing home abuse lawyer from our firm is ready to gather evidence, such as medical records, witness statements, photographs of visible injuries and video surveillance. We are committed to holding at-fault parties accountable for the negligence that caused your loved one’s injuries.
Need legal help? Schedule a free consultation. (800) 762-8623.
Compensation for Nursing Home Abuse Victims
Each case is different, and so is the form of compensation available to nursing home abuse victims. Generally, you may be able to recover compensation for economic and non-economic damages. This includes:
- Medical bills
- Emergency services
- Surgical procedures
- Physical therapy
- Travel costs to/from doctor visits
- Pain and suffering, both physical and mental
- Emotional distress
- Loss of enjoyment of life
The state of Michigan also awards exemplary damages in certain cases to victims of malicious or intentional negligence suffering from humiliation, mental anguish, outrage or increased harm. If you have a viable case, we are prepared to pursue maximum compensation on your loved one’s behalf.
What Rights Do Residents Have?
A nursing home resident has certain rights in accordance with federal and state law. These rights are protected by the 1987 Nursing Home Reform Act and Michigan’s Nursing Home Resident Rights.
Nursing home residents have the following legal rights to:
- Receive appropriate care regardless of race, religion, color, national origin, sex, age, disability, marital status, sexual preference or source of payment
- Obtain a copy of his or her medical record for a reasonable fee
- Privacy and confidential treatment of personal and medical records
- Refuse treatment and be informed of the consequences for refusing care
- Know who is responsible for providing direct care and receiving information on health needs
- Private communications and consultations with his or her physician
- Be free from mental and physical abuse as well as chemical restraints unless authorized in writing by an attending physician
- Obtain information about the facility affecting resident care and conduct
- Adequate and appropriate pain and symptom management
When a facility refuses to comply with these rights, residents have a right to take legal action. Our licensed Traverse City nursing home abuse attorneys are ready to protect you and your loved one’s best interests.
Different Types of Nursing Home Abuse
Nursing home abuse comes in many forms. Our legal team at Jay Trucks & Associates have decades of legal experience handling cases that involve a wide range of abuse and neglect. These include:
Physical abuse can happen when force is used against a resident, resulting in physical pain, injury, or impairment. This type of abuse can include hitting, striking, shoving, punching and kicking, as well as the use of restraints or confinement.
Sexual abuse is any form of sexual contact with a resident that is not consensual. This type of abuse can include physical acts and other actions, such as forcing a resident to witness or watch sexual acts or explicit material or coerce them into undressing against his or her will.
Emotional and psychological abuse can happen when residents are spoken to or treated in a way that causes them stress of emotional pain. This type of abuse can be verbal or non-verbal. Verbal may include profanity, humiliation, name-calling, threatening violence, or insults related to appearance or intelligence. Non-verbal abuse may include failing to acknowledge a resident’s needs or isolating them from loved ones and other residents.
Financial abuse can happen when residents are exploited or manipulated in an effort to gain control of their finances, such as assets and personal property. This type of abuse includes stealing money from a resident, forging documents to obtain funds, deceiving a resident to give up control of his or her money or the misuse of power of attorney for personal gain.
General neglect can happen when a resident is not provided adequate care and safety. This can include leaving residents unattended for extended periods of time, failing to provide basic care such as food, water, and medication, failing to treat bedsores, or allowing residents to become dehydrated or malnourished.
Who Can Be Liable for Nursing Home Abuse?
Multiple parties could be potentially liable for nursing home abuse. This could include the facility itself as well as nurses, caregivers and other staff members.
The nursing home or long-term care facility could be held responsible for negligent training, supervision and hiring of staff, such as failing to perform adequate background checks for a history of anger or violence.
Staff members could be held accountable for failing to provide residents with basic daily living necessities, failing to address medical needs or provide medication and not reporting injuries or health issues to medical staff, physicians and loved ones.
A third party could also be liable if a resident is abused or neglected. Third parties could include contractors, medical suppliers and guests visiting other residents. If your loved one has been harmed by a third party, the nursing home could even be responsible for failing to provide adequate physical security.
Learn more about your potential legal options by calling (800) 762-8623.
Where to Report Nursing Home Abuse In Michigan
Michigan nursing home abuse laws and regulations were created to ensure that anyone can report cases of abuse or neglect. If you suspect that your loved one is being abused in some way that requires immediate emergency care, it is important that you contact the local authorities. Other contacts to report abuse include:
- The Michigan Department of Human Services and Adult Protective Services
- The Bureau of Health Services Abuse Hotline at 1-800-882-6006
- The Michigan Protection and Advocacy Services at 1-800-288-5923
- The Attorney General’s 24-Hour Health Care Fraud Hotline at 1-800-24-ABUSE
- The state’s 24-hour nursing home abuse hotline at 1-855-444-3911
How Can A Resident Leave A Nursing Home?
Nursing home residents have the right to leave a facility under the following conditions:
- The current facility does not have the appropriate care a resident needs
- The resident may not like the current facility and asks to be moved to another
- The resident’s power of attorney may request a transfer
- The resident’s family suspects he or she is suffering from abuse or neglect
Speak With a Traverse City Nursing Home Abuse Lawyer
Being able to identify nursing home abuse can be difficult but filing a claim for compensation can also be a complex process. If your loved one has been harmed in a facility in the Traverse City area, we recommend reaching out to our lawyers at Jay Trucks & Associates for legal help.
Our firm has been protecting the rights of injury victims and their families for more than three decades. There is no risk or obligation to hire us. We do not charge any upfront fees unless we help you obtain compensation for your loved one.
We are available 24/7 to take your call. (800) 762-8623.