Elder Abuse / Nursing Home Litigation
The increasing number of “baby boomers” becoming senior citizens has increased the demand for assisted living facilities. With modern advances in medicine, we are living longer and more active lives. If your loved ones are in an assisted living facility, it is probably because you associate nursing homes with care and attentiveness. Certainly neglect and abuse are not what you expect. Unfortunately, nursing home negligence is a serious problem in the United States, affecting our most vulnerable citizens. Many of the residents who reside in assisted living facilities are unable to communicate instances of abuse or neglect because of physical or mental disabilities, or simply because they have no one to tell.
What is Elder Abuse?
Elder abuse in an assisted living setting takes many forms and can include:
- Inadequate food or water
- Bed sores
- Verbal abuse
- Over medication or under medication
- Inadequate hygienic care
- Using physical restraints unnecessarily
- Undue influence over property and wills
- Stealing money or property
- Physical/mental/sexual abuse
- Telemarketing and insurance scams
- Financial fraud
Responsibility of The Assisted Living Facility
Assisted living facilities are supposed to provide our parents, grandparents, husbands or wives with appropriate care and keep them safe from harm or the threat of harm, yet almost a third of the nursing homes nationwide were cited for abuse violations during a two–year period.
Protecting the Elderly
In order to protect its aging population, many states have enacted a series of elder abuse laws designed to protect and empower the elderly. They also establish ways to report abuse and create obligations for some health care professionals to contact authorities if they become suspicious of elder abuse. Families can help. It is important that some documentation of the abuse or neglect is made. Taking pictures is a helpful way to document physical injuries or unhealthy living conditions. If there has been physical abuse, you should contact the police immediately. If there is financial abuse, keep track of all records/correspondence and make notes of phone conversations. Please visit our Elder Abuse Resources Page.
When dealing with elder abuse issues, you want competent attorneys working for you who can navigate through the legal, medical and financial issues. At Willoughby Doyle, we are committed to the advocacy of our senior’s rights. We are experienced in financial abuse and assisted living abuse/neglect matters and have litigated numerous cases on behalf of our clients. Willoughby Doyle has the expertise to handle these cases efficiently and competently. If you or an elderly relative has been a victim of elder abuse, please contact us for expert representation.
Does the Firm Handle Cases in My Hometown?
Yes. Willoughby Doyle is a national law firm. We represent clients in catastrophic injury cases across the country. Our lawyers are licensed to practice in California, New York, Florida, Ohio, and the District of Columbia. The attorneys of Willoughby Doyle will obtain admission in any state where our technical expertise and trial experience can make a difference subject to the rules of each jurisdiction.
Statute of Limitations
The laws of Elder Abuse vary in each state. In addition, there are time limits (statute of limitations) within which you must file any legal action. If you do not file legal action within the statute of limitations in your state, you may forfeit your right to recover damages. If you believe you have a claim, do not wait. Seek professional advice immediately.