Lake Oswego Nursing Home Abuse Attorney
Dedicated Nursing Home Abuse Lawyers Serving Lake Oswego, OR
When you leave your elderly relative’s care to a nursing home, you want the caregivers to offer the best care. You want your loved one to meet all his or her requirements in a secure setting. Nursing homes are the greatest option in the long-term, professional care for many families, but in some circumstances, these institutions fall short of that level. You may need to speak with a Lake Oswego nursing home abuse attorney.
Nursing home abuse constitutes both intentional and negligent abuse. Intentional abuse involves deliberate actions that cause harm, while negligent abuse occurs when the facility fails to provide the necessary care, leading to physical or emotional harm. Nursing homes have a responsibility to deliver proper care, and failing to do so can have serious consequences for residents.
You may be entitled to take legal action if your loved one was subjected to nursing home abuse, maltreatment, or neglect. The Law Office of Randall J. Wolfe, a Lake Oswego nursing home abuse law firm, will help you get justice in your case.
The Different Types of Nursing Home Abuse
You put your senior loved one in a nursing home with the expectation that they would receive the finest possible care. You want them to be well-cared for in a clean, orderly, and secure setting.
As a result, finding out that they are being abused in a nursing home can be devastating. Typically, you’ll discover that they’ve been subjected to one or more of the following six categories of abuse, according to the CDC:
Nursing home abuse can take several forms, each affecting residents in different ways. Here are the main types:
- Physical Abuse: This involves the intentional use of force against a resident, resulting in physical harm. It may include hitting, shoving, slapping, or improper use of restraints. Signs of physical abuse include bruises, cuts, fractures, or unexplained injuries.
- Emotional or Psychological Abuse: Emotional abuse includes verbal assaults, threats, harassment, and intimidation. It may also involve isolating a resident from social interactions. Victims often show signs of depression, anxiety, fear, or withdrawal from social activities.
- Sexual Abuse: This form of abuse involves any non-consensual sexual contact with a resident, including assault, harassment, or any form of sexual exploitation. Signs may include bruises, torn clothing, or the resident’s sudden discomfort around certain staff members.
- Financial Exploitation: Financial abuse occurs when someone illegally or improperly uses a resident’s money, property, or assets. This might involve stealing valuables, cash, or forging checks. Sudden financial changes, missing belongings, or unexplained bank withdrawals are common signs.
- Neglect: Neglect involves the failure to provide necessary care, including food, water, shelter, clothing, hygiene, or medical attention. It can be intentional or due to understaffing or poor training. Signs include poor personal hygiene, malnutrition, dehydration, or untreated medical conditions.
- Healthcare Fraud or Neglect: Healthcare fraud is the improper administration or overcharging of healthcare services. This can include overmedicating, withholding proper care, or billing for services not provided. Residents may experience worsened health conditions due to this form of abuse.
Each form of abuse requires vigilance and immediate action to protect vulnerable residents. Nursing homes and care facilities, in general, have a responsibility to maintain high standards of care. When they don’t, it’s considered actionable negligence, and the center and its employees can be held accountable.
What Is the Process for Filing a Claim Against a Nursing Home?
A formal claim can be filed on your behalf by your Lake Oswego nursing home abuse attorney. Your lawyer will need to demonstrate the following to win your case:
- The center owed a duty of care to your elderly loved one.
- When the facility’s duty of care was breached, they were being negligent.
- Your loved one was injured or died as a result of this negligence.
- There were monetary damages as a result of the injuries or death.
Dealing with the insurance company can be particularly challenging, as they often employ tactics to underpay claims. Unrepresented victims might find themselves at a disadvantage. Having an experienced legal team is crucial to navigate this process effectively. A skilled legal team can provide essential guidance and effective legal counsel to secure just compensation for affected individuals and their families during these challenging times.
The institution may give you a settlement without going to trial if your lawyer can show these facts. If they don’t, we will file a lawsuit.
Indications Your Loved One Is Being Abused in a Nursing Home
It’s tough to imagine your loved one being mistreated in a nursing home, yet it happens more frequently than you may think. Proving nursing home abuse can be a challenging but essential task to hold perpetrators accountable and ensure justice for residents. To establish a case of nursing home abuse, you must demonstrate that the nursing home had a duty to provide care and services to the resident, that this duty was breached, and that the breach caused harm or injury to the resident.
- Weight Loss: If a member of your family has lost a significant amount of weight in a short period, you should be concerned. It’s possible that your loved one isn’t getting enough nourishment. Malnutrition is a major issue, whether it is due to a lack of staffing or a lack of customized treatment.
- Unclean living circumstances: Residents of nursing homes are required to live in safe and clean environments. Residents are more prone to get illnesses if they neglect to do so. Your loved one may not be receiving sufficient care if the nursing facility is filthy and unsightly.
- Mental Issues: As a nursing home abuse attorney in Oregon can tell, nursing home patients who are abused or neglected can suffer from a variety of emotional problems. If your family member is normally cheerful and chatty but suddenly becomes silent and distant, you should address the situation right once.
- Injuries: Something may be wrong at the nursing home if your loved one has bruises, fractured bones, or other indicators of injury. Likely, your family member isn’t getting the help they need and is doing things on their own.
Oregon Nursing Home Laws and Regulations
Oregon has stringent laws and regulations designed to protect nursing home residents from abuse and neglect. The Oregon Department of Human Services has outlined comprehensive rights for nursing home patients in the state. Key rights include the right to be free from physical and emotional abuse, the right to be free from neglect, and the right to be treated with dignity and respect.
The Elderly Persons and Persons with Disabilities Abuse Prevention Act is a critical piece of legislation that prohibits the neglect, abuse, and exploitation of elderly individuals receiving care in Oregon. This Act clearly defines what constitutes abuse in the context of elder care, providing a legal framework for protecting vulnerable residents.
In addition to state laws, nursing homes in Oregon must also comply with federal regulations. The Centers for Medicare and Medicaid Services (CMS) sets standards for nursing homes that participate in Medicare and Medicaid programs. These standards include requirements for staffing, care planning, and resident rights, ensuring a baseline of care and protection for nursing home residents.
Contact A Lake Oswego Nursing Home Abuse Attorney
Do not wait for another second if you fear a loved one is being abused at a nursing home. Please contact our Lake Oswego nursing home abuse lawyer as soon as possible. We can assist you by gathering and presenting evidence of elderly abuse offenses, as well as ensuring that your loved one receives the help they need.