No amount of research into nursing homes can prevent abuse on the part of the staff. If your elderly family member suffered mistreatment in their nursing home, this abuse is not your fault.
When abuse or neglect occurs, residents and their families may respond in a range of ways. Sometimes, the response is shame. People may blame themselves for not spotting the warning signs sooner, or not visiting the facility more regularly.
In reality, abusive staff members may go to great pains to hide their misconduct from others. In the aftermath of abuse, do not deny yourself or your loved one the opportunity to recover compensation for financial and emotional losses. An East Hartford nursing home abuse lawyer could help you take these steps toward monetary damages. By retaining a dedicated personal injury attorney, you could focus on helping your elderly loved one heal.
How Are Nursing Home Abuses Classified in East Hartford?
In general, nursing home abuse is a serious and punishable offense. In cases where the state prosecutes the offender for criminal activity, elderly individuals or their family also may levy a personal injury lawsuit against the defendant.
In most cases, nursing home mistreatment is considered a felony charge. The Connecticut Penal Code establishes minimum mandatory sentences for individuals found guilty of abuse in a criminal case.
How Should Staff Members Report Abuse?
According to Connecticut General Statutes §17a-412, all assisted living staff must report suspected abuse to the Connecticut Department of Social Services. Those employees who fail to do so may be complicit to the mistreatment in the eyes of the court. Negligence on the part of these individuals might be grounds for a lawsuit as well.
Several state laws outline the process of reporting suspected cases of abuse or neglect. These steps include requirements for investigation, referral, and documentation. A nursing home mistreatment attorney in East Hartford could help investigate systematic reporting failures.
When to File a Claim in East Hartford
The statute of limitations is a strict cutoff for any legal action following personal injury losses. After the statute of limitations expires, complainants may have no legal recourse to pursue compensation following due to nursing home neglect and mistreatment.
In cases of nursing home abuse, the statute of limitations is two years, with some notable exceptions. Where extensions are concerned, the guidance of a seasoned lawyer in East Hartford could significantly support the aims of the nursing home abuse claimant.
There are a few broad categories of potential damages in care facility abuse cases. Generally, the courts consider losses as economic, noneconomic, or punitive.
Economic and noneconomic damages are similar in that cover documented losses of the plaintiff. For example, in some instances of nursing home mistreatment, identity theft is a major problem. The fees and debts accrued through identity theft may qualify for economic losses in a lawsuit. Traditionally, economic damages include any medical expenses that arise as a result of the neglect or abuse.
Noneconomic damages, on the other hand, cannot be as easily quantified. These damages may include the effects of mental and physical trauma, loss of enjoyment of life, and emotional anguish.
Punitive damages may apply to nursing home abuse cases where the defendant’s actions are particularly egregious. These damages are meant to punish the defendant instead of to recoup the plaintiff for their losses. An East Hartford lawyer could review a care facility abuse case and determine what types of damages a claimant could recover.
Contact an East Hartford Nursing Home Abuse Attorney
Abuse at a care facility is a significant breach of trust. Elderly populations can be especially vulnerable to fraudulent financial activity, physical abuse, and emotional trauma.
Sadly, some nursing home staff select the most defenseless individuals to mistreat. These unscrupulous individuals often assume that elderly residents will not speak up. Alternatively, residents are sometimes threatened with retribution should they alert others to the abuse.
Fortunately, an East Hartford nursing home abuse lawyer could help set things right. To start working on a case on your loved one’s behalf, call today.