Nampa Nursing Home Abuse Lawyer: Nampa Nursing Homes And Beyond
Updated August 2020
When caretakers neglect or abuse assisted-living residents, they should be held responsible for their actions.
There are laws in place in Nampa and the surrounding areas to protect the elderly and infirm from mistreatment.
If you or a loved one is being abused while in convalescent care, a nursing home abuse lawyer that works in the Nampa area can be a supportive advocate.
Speak to a skilled personal injury attorney to learn about your legal options.
How Our Nursing Home Abuse Lawyers Can Help
By contacting a nursing home abuse lawyer at our offices, we can help you determine the steps that need to be taken in potential nursing home abuse cases. We know how to handle the appropriate documentation for everything from filing the initial report to the authorities to gathering additional evidence that will be required to prove any type of abuse or negligence case.
One of the biggest steps that happen during nursing home abuse cases is when your attorneys will inform the nursing home of the allegations. By looping the nursing home in on the ongoing case, the home will have a chance to respond or they may attempt to settle.
Depending on what compensation you are seeking, we will either work with the nursing home to come to a reasonable settlement or we will continue to prepare a complete court case. We have the experience necessary to take on negligent organizations to ensure these issues are resolved fully and with appropriate compensation.
If you or a loved one has suffered nursing home abuse and neglect, contact us here at Skaug Law. We will review your case with no obligation to use our services and help you decide what your next steps should be.
Protective Laws For The Elderly
Both federal and local laws have been designed to protect vulnerable Americans. The Older Americans Act of 1965, 42 U.S.C. 1001, mandates that the United States government and all 50 of its states advocate for the elderly.
The Act asserts in §§101(10) the elderly should have “protection against abuse, neglect, and exploitation.”
Idaho also has regulations in place to ensure the proper care of the aged.
Filing Complaints About Nampa Nursing Homes
Title 74, Chapter 1, of the Idaho Statutes is the Public Records Act, §74-106, and it includes an exception for complaints about nursing homes.
This code section requires reports to the Department of Health and Welfare about nursing home abuse to remain confidential.
The Department of Health and Welfare may address grievances with the nursing facility, but the identity of the resident will not be revealed.
Assisted Living Neglect In Nampa
Under the laws of Nampa in §18-105 of the Idaho Statutes, neglect of the elderly is prohibited.
Neglect is described as the failure of caretakers to provide food, water, shelter, medical care, or other necessaries to “vulnerable adults” who are unable to protect themselves.
If a person is found to have neglected or abused a resident “under circumstances likely to produce great bodily harm” per §18-105, that individual may be subject to criminal prosecution.
Penalties may include fines or imprisonment.
Victims who are subjected to this maltreatment, and those who love them, may wish to seek legal assistance.
A Nampa convalescent home abuse attorney may help to file a cause of action against individuals and facilities who contributed to mistreatment.
Financial Abuse In Nampa Nursing Homes
Financial exploitation has also been outlawed by §18-105 of the Idaho Statutes.
This type of abuse is the improper use of a defenseless, older person’s power of attorney, money, or resources for the purpose of unfair advantage.
An elder abuse lawyer in Nampa can assist to recover misappropriated funds and bring abusers to justice.
Physical Battery In Nampa Nursing Homes
Battery is described in §18-903 of the Idaho Statutes as:
- Willful use of violence or force upon another person; or
- Intentional and unlawful touching against the will of another; or
- Causing bodily harm to someone.
A claim for battery may be asserted in civil court against a nursing home or an individual with the assistance of a Nampa attorney.
FAQs About Nursing Home Abuse Lawyers
How Long Does It Take To Settle A Nursing Home Lawsuit?
There is no one set amount of time that it will take to settle a nursing home lawsuit, but most cases take between one and two years to be fully settled.
If the nursing home is amenable to settling during mediation, the case will typically resolve faster than if the case goes to court. If a court case is filed, the process will take a minimum of seven months before it even reaches a court-mandated mediation or court hearing.
How Much Is A Nursing Home Wrongful Death Settlement?
There is no specific settlement that would result from a nursing home wrongful death settlement; all settlements will be dependent on the specific case. From economic to emotional to physical damages caused by the case in question, the settlement will vary.
In a study by the Journal of Health Affairs, it was found the average for nursing home abuse cases averaged around $400,000. Regardless of what the average is, however, our lawyers will fight to ensure you get the full compensation that is deserved in cases of nursing home neglect or wrongful death.
How Do I File A Claim Against A Nursing Home?
To file a complaint against a nursing home, you will need to file through the appropriate authorities in your state. Starting a lawsuit or claim against a nursing home should also begin with a complaint.
Generally, the process looks something like this:
- File a complaint with the appropriate authorities.
- Inform the nursing home of the allegations.
- File a claim in the court system against the nursing home or staff in question.
- Meet with the nursing home to discuss potential compromises.
- Move on to court-mandated hearings and trials as necessary.
- Reach a resolution through the court or through a settlement.
Help from a qualified nursing home abuse lawyer can be useful at any stage of this process; our lawyers can help you file claims properly and gather all necessary documentation.
What Is The Statute Of Limitations For Nursing Home Abuse?
The specific statute of limitations for nursing home abuse cases varies by state; those in Idaho have up to two years to start the claim process in Idaho.
There are some exceptions to the statute of limitations such as when injuries prevent claims from happening sooner or when the injuries do not become apparent until after that two-year period. Generally, filing sooner is always the best option.
What Are The Three Most Common Complaints About Nursing Homes?
The most common complaints elders and their families have about nursing homes are:
- Slow call responses
- Staffing workload problems
- Limited social interactions
While these complaints may or may not tie into elderly nursing home abuse cases, it is good to be aware of what issues people often have with nursing homes.
How Do You Prove Nursing Negligence?
Nursing negligence is proved through the same four components that are used to deal with negligence cases in all areas:
- Duty: the nurse has a duty to act as they have been hired to do
- Breach of duty: the plaintiff must prove the nurse did not follow through with their duties properly
- Damages: the plaintiff must prove what damages occurred and the effect of those damages
- Causation: the plaintiff must prove the nurse breaching their duties caused said damages
How Much Is A Nursing Home Neglect Case Worth?
As mentioned above, there is no specific amount that a nursing home neglect case is worth, and any settlement will be dependent on the specific factors and damages caused to a plaintiff. The average settlement is around a few hundred thousand dollars, but these can vary greatly depending on the location, damages, and staff involved.
What Are The Four Types Of Neglect?
Neglect is one of the most common causes of nursing home abuse; these are the four types of neglect that might come up during a nursing home abuse claim:
- Emotional/social neglect
- Medical neglect
- Basic needs neglect
- Personal hygiene neglect
Which Types Of Abuse Are The Most Unreported?
Neglect is the most unreported type of nursing home abuse because it is often the hardest to spot, realize, or prove. Noticing signs of neglect is difficult to do for many reasons, and that is why, according to Nursing Home Abuse Justice, about 5% of neglect problems are reported in claims.
What Are The Six Major Categories Of Negligence Resulting In Malpractice Suits Against Nurses?
When it comes to nursing malpractice, there are six categories that are often used to bring up charges of nursing negligence:
- Failure to assess and monitor
- Failure to communicate
- Failure to use equipment responsibly
- Failure to follow care standards
- Failure to make reports and documentations
- Failure to advocate for the patient
What Is The Most Common Cause For A Patient To File A Nursing Negligence Claim?
Though there is little data that specifically identifies the most common causes of nursing negligence claims, the improper administration of medicine is one of the top reasons for this type of claim. Another common cause of claims is the failure to notify a doctor of important changes in the patient’s care.
Call For Legal Help From Nampa Nursing Home Abuse Attorney
Elder care violations may be physical, emotional, or financial. In some situations, the mistreatment of the aged and infirm can cause a combination of injuries.
If you are looking for assistance with a claim for elder care abuse, a Skaug Law attorney will offer free advice in your initial consultation and help you understand your legal options.
Contact a Nampa Skaug Law nursing home abuse lawyer to talk things over.