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What is a Nursing Home Abuse Lawsuit?

June 2, 2022  ·  By HM&M

What is a Nursing Home Abuse Lawsuit?

Caring for the elderly is an honorable duty. In some cultures, caring for elderly family members falls solely to the family; assisted living, nursing homes, or elderly communities are not even considered.

However, for some families, using the resources of a nursing home is the only way to properly care for an aging family member. But in some circumstances, the care that comes from a nursing home is less than ideal.In those situations, the nursing home facilities could be considered abusive or neglectful.

Read on to understand what constitutes nursing home abuse and what a nursing home abuse lawsuit entails.

What is Nursing Home Abuse?

Nursing home abuse is the mistreatment of elders that reside in an assisted living facility. According to a recent study by the World Health Organization, 64% of nursing home staff members have admitted to abusing residents. Additionally, the report states:

  • Around 1 in 6 people 60 years and older experienced some form of abuse in community settings during the past year.
  • Rates of elder abuse are high in institutions such as nursing homes and long-term care facilities, with 2 in 3 staff reporting that they have committed abuse in the past year.
  • Rates of elder abuse have increased during the COVID-19 pandemic.
  • Elder abuse can lead to serious physical injuries and long-term psychological consequences.
  • Elder abuse is predicted to increase as many countries are experiencing rapidly aging populations. In fact, the global population of people aged 60 years and older will more than double by 2050, from 900 million in 2015 to about 2 billion.

Is My Loved One Being Abused?

When a loved one resides in a nursing home, there may be red flags with regard to their care. If you notice some of these situations occurring at your loved one’s nursing home, you may need to consider pursuing legal action that can help you receive a nursing home abuse settlement.

Falls, Dislocations, Fractures

Has your loved one recently fallen, suffered a dislocation, or a fracture? Accidents resulting from another party’s negligence are worthy of legal action. 

Learn more about slips and falls.

Bedsores and Infections

If bed sores or infections have become a routine issue with your loved one, further investigations may be warranted, and you should discuss the situation with an attorney who specializes in nursing home abuse.

Learn more about bedsores and infections.

If you suspect your loved one is a victim of nursing home abuse, speaking with an experienced elder abuse attorney may be in your best interest. 

Additionally, we recommend these practices for filing a complaint with your local and state boards.

What is a Nursing Home Abuse Lawsuit?

A nursing home abuse lawsuit is a form of legal action that can be taken after an elder suffers abuse while living in a nursing home facility. The type of action will likely be a civil case in which the two parties may attend court proceedings to find a resolution. The plaintiffs in these cases are the resident and/or their family, and the defendant is the nursing home facility and/or staff who was at fault. 

To file a lawsuit against a nursing home for abuse, the first step is to find an attorney you trust.

The attorneys at Hurley McKenna & Mertz have successfully represented hundreds of injured nursing home residents who have suffered from the development of bedsores, muscle contractures of the extremities, malnutrition, falls, medication errors, and sexual and physical abuse. 

They have also represented the families of loved ones who have wrongfully died in a nursing home due to abuse and neglect.

A Sample of Hurley McKenna & Mertz’s Success Stories

$6,800,000 | Nursing Home Abuse and Neglect

Verdict plus settlement on behalf of an 81-year-old woman who suffered the loss of her kidney function and needed permanent dialysis due to improper use of gentamicin at a nursing home. 

$3,750,000  | Nursing Home Abuse and Neglect

Settlement for an elderly woman with Alzheimer’s Disease who was sexually abused by an employee of her nursing home.

$1,000,000 | Nursing Home Abuse and Neglect, Sexual Abuse

Verdict and settlement for a 90-year-old woman sexually abused by an employee of her nursing home, Ashwood Healthcare Center in Elgin, Illinois.

$650,000 | Nursing Home Abuse and Neglect

Settlement for the family of a 78-year-old woman who was neglected at Oak Lawn Pavilion, a nursing home, resulting in bedsores, muscle contractures, and death.

Hurley McKenna & Mertz pursues cases against all forms of nursing home abuse. Contact us today for assistance with all types of nursing home abuse lawsuits.


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