A nursing home is a place where people can live with dignity, surrounded by the love and support of their families. If a loved one suffers abuse in the nursing home, this is an experience that no family should have to deal with. At the same time, you may find that you do want to see action taken to ensure that justice is served on behalf of your aging family member. It can be challenging to make, but you must choose legal representation for your family member. This article will look at four essential questions you should ask your nursing home abuse lawyer. These questions are necessary to help you with how to file a nursing home abuse lawsuit and what to expect as your case progresses.
4 Important Questions to Ask Your Nursing Home Abuse Lawyer
- What is the statute of limitations on my case?
The statute of limitations depends upon the state where the elder resided when abused at the nursing home. Additionally, federal laws ensure that any action taken to protect a patient or resident is adequate and protects patients from further abuse. For example, in some states, over 18 years old may file for elder abuse even if the victim is under 18 years old. However, in states where the age is 18 or older, there must be proof that the victim was incapable of filing for their rights. It is essential to make sure that you understand the statute of limitations for your particular state in either case.
- What evidence is most important in my case?
To win a nursing home abuse case against the facility, you must submit as much information and evidence. It is illegal for the healthcare facility to hide evidence from the patient or the family; if any evidence is hidden, it can weaken your case. Furthermore, there are different forms of proof that you should submit. For example, keep a safe and easy-to-access list to record injuries that you witness on your loved one. There may be pictures or videos of injuries that show how they were mistreated physically and emotionally.
- Should I request an inspection of the nursing home?
It is essential to see if your loved one was abused while in the facility. For a nursing home abuse attorney or lawyer to help your family member, you can request an inspection of the facility. A judge or court commissioner may then inspect the facility and look for violations such as lack of resources, untrained staff, etc.
- Will I be able to get the nursing home owner’s records?
They must provide you with all of the records about your case. It will help you and your attorney figure out how best to proceed with your case. It would be best to ask for all documents concerning the abuse and neglect and any disputes regarding the charges. It may also be worth checking to see if there are other documents on file, such as warnings letters or safety issues that have been previously addressed.
Filing for elder abuse can be a tough decision. However, you must seek legal help for your loved ones for their safety and wellbeing. It may seem overwhelming, but with the support of your family and friends, you can ensure that justice is served in your loved one’s case. The information above will help provide the best direction for proceeding with your case.