While selecting a nursing home or assisted care facility for a loved one can be a stressful decision in its own right, learning your family member has received substandard care or experienced abuse in such a facility is uniquely overwhelming. Anger and confusion are reasonable emotional responses to this kind of discovery, but they may hamper your ability to take effective legal action and protect your loved one, especially if you try to do so without a personal injury attorney’s help.
Experience and legal guidance can make a tremendous difference when it comes to holding a nursing home liable for neglect or abuse. If you suspect your loved one is suffering mistreatment in their care facility, do not hesitate to contact a Marlborough nursing home abuse lawyer to explore your legal options that may hold the perpetrators accountable.
Common Forms of Nursing Home Mistreatment in Marlborough
Although similar terms, “neglect” and “abuse” usually refer to different circumstances in the context of a nursing home. Neglect typically stems from an inadvertent or careless failure by facility staff to fulfill their occupational duties, whether due to an individual employee’s error, poor management, or a lack of qualified staff. Although usually unintentional, neglect in a nursing home can still be harmful and can serve as valid grounds for a civil case.
Conversely, abuse more often constitutes intentional harm inflicted on a nursing home resident by a staff member or administrator. This abuse can be physical, emotional, sexual, or financial.
Unfortunately, care facility neglect and abuse can be difficult to identify, as residents may be afraid or incapable of telling family members their situation. As such, anyone who notices potential signs of mistreatment in their loved one like unexplained physical injuries, sudden changes in mood, or inexplicable shifts in routine should contact a nursing home abuse attorney in Marlborough sooner rather than later for help.
Filing and Pursuing a Care Facility Abuse Case
Depending on the circumstances, a plaintiff filing a nursing home mistreatment case may be able to hold one or more different parties liable. In addition to the staff member who committed a neglectful or abusive act, their direct supervisor and/or the administrator of the facility may bear vicarious liability for negligent hiring practices or failure to enforce a safe environment. In some cases, another resident could bear civil liability if they were responsible for abusing someone’s family member. A lawyer in Marlborough could help someone determine who may be liable in their nursing home abuse case.
Regardless of the specific defendant, it is important to take action in a timely fashion once someone discovers abuse or neglect. In addition to making sure the mistreatment stops as soon as possible, state law also establishes a filing deadline for civil injury cases that applies to this type of lawsuit. With or without representation, a plaintiff may be unable to recover compensation if they wait more than two years after discovering their loved one’s injury to file suit, according to Connecticut General Statutes §52-584.
Retain a Marlborough Nursing Home Abuse Attorney
When you put the safety and care of your loved one in someone else’s hands, you expect them to be properly taken care of. Unfortunately, this is not always the case. A qualified Marlborough nursing home abuse lawyer could guide you through every step of filing suit, from reporting the mistreatment to the proper authorities to pursuing financial damages from the liable party. To schedule a confidential consultation about your potential case, call today.