Nursing Home Abuse – Frequently Asked Questions
From Attorney Steve A. Bagen in Gainesville, FL
Below you will find answers to frequently asked questions about nursing home abuse and neglect. If you have a question that is not answered here, please feel free to call our office for a free consultation with our staff or a nursing home abuse lawyer. Together we can work towards erasing Gainesville, Florida nursing home abuse.
- If I take legal action against the nursing home, will the abuse stop?
It should. If it is clear from the start who committed the neglect or abuse, the nursing home will probably remove those people on their own. If it is not clear who committed the nursing home abuse, our investigators will attempt to find out. We will push for the abusers to be removed from their positions immediately.
- How do I get my loved one out of the nursing home?
If the resident is in danger and you feel that you must remove them from the home at once, we suggest contacting a local at-home health service that you feel comfortable with. Check your Yellow Pages to find a service or call our office. We can recommend a home health service for you. If you can’t afford an at-home service, you might consider hiring a nurse to watch your parent in the nursing home.
- What if a resident says the nursing home is abusive, but the resident has dementia or Alzheimer’s?
Listen to the resident. Look for the visible signs presented earlier in this web site. If you see any of the signs of nursing home neglect or abuse, call us. We’ll consult with you for free, and, if we believe neglect or abuse has occurred, we’ll put our private investigators to work on the case.
- Can a nursing home evict a resident?
Residents can only be discharged for the following conditions:
- If they fail to pay rent
- If they pose a danger to other residents
- If they need special medical attention that the home doesn’t have.
- If their condition improves so that they don’t need the home any longer.
- Residents cannot be discharged for minor issues like how clean they keep themselves or their room. Residents have the right to appeal any discharge.
- How much will Bagen and Associates charge?
At Steven A. Bagen & Associates:
- There is no charge for your first visit or telephone call. All your questions will be answered and there is no obligation.
- We never charge a fee unless we obtain a recovery for you. Our fee is a percentage of your recovery.
- We will advance all costs for investigators, experts, filing fees and other expenses associated with obtaining the maximum recovery possible.
- If a recovery is not made, you pay nothing.
- How long will it take to remedy the situation and get my loved one safe?
Our first move is always to help you understand your options, so you can get your loved one safe as soon as possible. The total length of time that a Gainesville, Florida nursing home neglect or abuse case takes depends on the specific case. In some cases the neglect and abuse are so terrible that the nursing home wants to settle out of court right away. In other cases, the nursing home doesn’t feel that the neglect and abuse was significant, and they take a longer time to make an acceptable offer, or they may wait and let a judge and jury decide the penalty for them. We constantly do everything we can to move our clients’ cases forward toward settlement.
- How do courts measure the worth of a nursing home abuse injury?
Courts use rulings and awards from previous negligence and abuse cases to help determine the worth of a victim’s pain and suffering. We also use these previous rulings and awards to estimate our offer to the nursing home. Technically, however, your case will be worth either the maximum amount the nursing home will offer us to settle or the maximum amount of an award offered by a judge and jury if your case goes to court. The worth of your case depends on many things, like how the neglect or abuse occurred, what injuries were suffered, future medical problems or other pain and suffering, the amount of medical expenses, and future medical costs.
- Why do nursing home abuse and neglect occur?
Most experts would rate stress as a major contributing factor to neglect and abuse in nursing homes. Nursing home employees are usually paid less than hospital employees and are expected to see more patients in a shorter period of time, a very stressful situation. Other contributing factors can be psychological, social, or economic problems of the abuser. None of these factors are excuses for Gainesville, Florida nursing home neglect or abuse. We trust nursing homes to take good care of the people that we love. No excuse can justify the pain of seeing a loved one hurt.
Contact a Gainesville Nursing Home Abuse Attorney at Steven A. Bagen & Associates, P.A. if your loved one has been abused in a home for the elderly.