How A Nursing Home Abuse Lawyer In Nampa Can Help: Elder Neglect

Nursing Home Abuse Lawyer – Elder abuse is a crime!

Nursing home abuse lawyer - here when you need us!

If you or a loved one is experiencing nursing home neglect, you need a supportive advocate and an experienced nursing home abuse lawyer. An attorney with experience that can effectively 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.

Elderly Abuse Reporting is Anonymous – Don’t be Afraid of Repercussions.

One of the biggest steps that happen during nursing home abuse cases is when your nursing home abuse attorney will inform the nursing home of the allegations of elder abuse. Idaho has clear laws and regulations in place to ensure the proper care of our elders. Title 74, Chapter 1, of the Idaho Statutes is the Public Records Act, 74-106. This code section also 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 that the complain pertains to will not be revealed.

Our nursing home neglect lawyers can assist to recover any misappropriated funds and bring these abusers to justice.

Skaug Law’s Nursing Home Abuse Lawyer Fights for YOU!

If you see or suspect any of these things mentioned on this page happening contact us at Skaug Law to immediately address, file, and follow up a formal complaint.

Understanding Abuse of the Elderly:

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 Section 18-105, that individual may be subject to criminal prosecution. Penalties may include fines or imprisonment.

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.

Common nursing home abuse cases involve dehydration, malnutrition, falls, wandering away, physical and sexual assault, bed sores, improper medication, and emotional abuse by staff or other residents. If you’re aware of a situation where an elder was abused in a non-accidental use of force, causing pain, injury or impairment–seek help for them immediately. This type of abuse can involve the inappropriate use of drugs, restraint or confinement.

  • Emotional abuse
    Unfortunately, there are people who have no problem with psychological harming and manipulating elders. This involves humiliation, ridicule, yelling or blaming. Emotional abuse can be through a lack of action as well — ignoring the elderly person, isolating them or menacing them.
  • Sexual abuse of the elderly:
    Sexual abuse of the elderly means contact without consent. Any forced sexual activities should be dealt with immediately.
  • Neglect of the elderly:
    Caregivers can show a lack of care by not fulfilling a nursing home obligation or intentionally or non-intentional ignoring the proper steps of nursing home care.
  • Elderly financial abuse:
    Those who seek to misuse or exploit an elderly’s finances will resort to stealing cash, income checks, or household items. They could misuse credit cards, checks or accounts and even forge the elder’s signature.

FAQs About Nursing Home Abuse Lawyers

A:

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.

A:

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.

A:

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:

  1. File a complaint with the appropriate authorities.
  2. Inform the nursing home of the allegations.
  3. File a claim in the court system against the nursing home or staff in question.
  4. Meet with the nursing home to discuss potential compromises.
  5. Move on to court-mandated hearings and trials as necessary.
  6. 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.

A:

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.

A:

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.

A:

Nursing negligence is proved through the same four components that are used to deal with negligence cases in all areas:

  1. Duty: the nurse has a duty to act as they have been hired to do
  2. Breach of duty: the plaintiff must prove the nurse did not follow through with their duties properly
  3. Damages: the plaintiff must prove what damages occurred and the effect of those damages
  4. Causation: the plaintiff must prove the nurse breaching their duties caused said damages
A:

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:

  1. Emotional/social neglect
  2. Medical neglect
  3. Basic needs neglect
  4. Personal hygiene neglect
A:

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.

A:

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
A:

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.

Idaho State Support services if you suspect nursing home abuse:

The Idaho Commission on Aging provides a secure Adult Protective Services (APS) online system for mandated reporters and financial institutions to report suspicions of abuse, neglect, self-neglect, and exploitation of vulnerable adults age 18 years and older. Idaho has an Office of Ombudsman for the Elderly and as of 2019, the ombudsman is Cathy Hart, the contact information is cathy.hart@aging.idaho.gov or (208) 334-3833.

Agency on aging in Idaho – if you suspect nursing home neglect or nursing home abuse in Idaho you can contact our nursing home abuse lawyer and you can also make an anonymous repo rt to your local area agency office:

Area Agency on Aging: Eastern Idaho

1.208.522.5391 or 1.800.632.4813

Location: Idaho Falls

Operating Hours: M-F 8:00a.m. – 4:30p.m.

https://www.eicap.org/our-programs/senior-programs-area-vi-agency-on-aging/

Area Agency on Aging: North Central Idaho

1.208.743.5580 or 1.800.877.3206

Location: Lewiston

Operating Hours: M-F 8a.m. – 5p.m.

https://www.cap4action.org/aaa/

Area Agency on Aging: Northern Idaho

1.208.667.3179 or 1.800.786.5536

Location: Coeur d’Alene

Operating Hours: M-F 8:30a.m. – 4p.m.

https://www.aaani.org/

Area Agency on Aging: South Central Idaho

1.208.736.2122 or 1.800.574.8656

Location: Twin Falls

Operating Hours: 8:00AM – 5:00PM

https://ooa.csi.edu

Area Agency on Aging: Southeast Idaho

1.208.233.4032 or 1.800.526.8129

Location: Pocatello

Operating Hours: M-F 8a.m. – 5p.m., F 8a.m. – 12p.m.

https://www.sicog.org/aaa-home.html

Area Agency on Aging: Southwest Idaho

1.208.898.7060 or 1.844.850.2883

Location: Meridian

Operating Hours: M-F 8a.m. – 5p.m.

https://www.a3ssa.com

Call For Legal Help From Nursing Home Abuse Lawyer

Eldercare 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 Skaug Law nursing home abuse lawyer to talk things over.

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