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Nursing Home Negligence? Elder-Care Abuse?

Nursing Home Negligence
Make the most of your claim

Nursing Home Negligence? Elder-Care Abuse?

Nursing Home Negligence
Make the most of your claim

Hire the Leading Personal Injury Lawyer

that Utah and Texas Has to Offer

Imagine getting a phone call informing you that one of your parents has been seriously injured in an assisted living facility. Tragically, these terrifying nightmares are a reality for thousands of Americans every year. Negligence in a nursing home can cause an untold amount of pain and suffering and, in the worst cases, negligence can lead to the death of a loved one. Negligence typically occurs in nursing homes due to issues with the staff, dangers within the facility, and medical malpractice. If you have loved ones in an assisted living facility, it is crucial that you have an in-depth understanding of their rights so you can protect your family.

Care facilities are responsible for ensuring that they’re hiring qualified employees. Employees working at a care facility need to have all the credentials required for the job. If an assisted living facility fails to verify an employee’s credentials, they could be held responsible for the injuries an unqualified employee has caused. Negligent hiring could also occur if a care facility hired someone with a criminal record that would interfere with their job at an assisted living center. A facility could probably hire someone with a misdemeanor for speeding. However, if they hired someone with a criminal record of physical assault, they would be responsible if the employee assaulted any patients. This is true even if the facility failed to do a background check. If a background check, or education verification, would have revealed it, care facilities are responsible for knowing about it.

Assisted living facilities are also responsible for making sure they don’t continue employing individuals who have caused problems in the past. If an employee has already harmed other residents, facilities are responsible for terminating those employees before they harm more residents. If a facility fails to terminate an employee who has already endangered or harmed a patient, the facility could be sued for negligent retention.

Medical facilities of all types are responsible for ensuring that they provide an adequate amount of supervision to all their patients. If a patient wanders off the property and is injured, a facility may be liable for those injuries if the patient wasn’t properly supervised. Negligent supervision may also occur if a care facility allows a patient to have access to anything that may hurt them. A good example would be leaving a patient suffering from Alzheimer’s Disease alone with a pair of scissors. 

There aren’t too many limitations on premises liability. When it comes to nursing homes, they are also responsible for properly maintaining the property. Anything spilled on the floor needs to be cleaned up immediately. Anything that could cause an outbreak of disease or infection must also be cleaned up and properly disposed of. Staircases need to have rails, and any building hazard that could cause a fall, or any type of injury, needs to be repaired immediately. 

 

“What Is Nursing Home Neglect?”

Negligence can occur in nursing homes in myriad ways. The elderly aren’t always able to advocate for themselves, so it’s important that society has safety measures in place to protect the nursing home residents from nursing home abuse, and nursing home neglect. A nursing home negligence lawyer can work on cases of nursing home abuse, elder abuse that exists outside of a nursing home, malpractice, neglect, and more. Personal injury lawyers handle cases that include any of the previously listed forms of abuse. In doing so, personal injury lawyers help advocate for the rights of those who cannot advocate for themselves.

“What about Nursing Home Abuse?”

A nursing home negligence attorney may also work on cases involving elder abuse, or elder neglect. Nursing home abuse attorneys are dedicated to ensuring that nursing home residents are kept safe from physical abuse, sexual abuse, emotional abuse, mental abuse, and all other forms of physical harm. Nursing home abuse can manifest itself in many different ways. Therefore, if you have loved ones living in a nursing facility, it’s important to keep an eye out for warning signs of elder abuse.

Physical Abuse

Nursing home abuse isn’t always obvious. However, if you have a loved one who is a nursing home resident, it’s important that you keep an eye out for any signs of elder abuse. If you have a loved one who lives in a nursing home facility, and they’ve recently sustained serious injuries that you find suspicious, it may be a good idea to begin watching for other signs of abuse and neglect. If your loved one is experiencing physical abuse, they may have broken bones, bruises, lacerations, or other unexplainable injuries. When you’re on the look out for signs of abuse and neglect, remember to look at the other patients as well; if your loved one is experiencing abuse and neglect, they may not be the only one. Don’t be afraid to ask nursing home employees about your the injuries your family member, or loved one, has sustained, and the medical care they received due to the injury. It may also be a good idea to document their answers as well. This may help you if you end up meeting with a team of nursing home abuse attorneys later.

Financial Abuse

When we talk about elder abuse, and nursing home abuse, we normally think of nursing home abuse cases where the elderly endure tremendous physical suffering. However, not all nursing home abuse victims endure physical trauma. In fact, many nursing home abuse cases include victims who are financially abused. Elder abuse doesn’t necessarily have to take place inside a nursing home. Some nursing homes have employees that care for elderly individuals who live at least partially on their own, having a caregiver stop by periodically. However, anyone can be a victim of financial abuse, even if they’re a nursing home resident. Though nursing home abuse attorneys who work as personal injury attorneys don’t normally get involved with cases that feature solely financial abuse, it’s important that nursing home residents aren’t exposed to financially abusive caretakers.

Undue Influence

When it comes to elder abuse, we mainly see cases of undue influence show up in cases where the nursing home residents are being financially exploited. Most nursing home abuse lawyers with a personal injury background do not work on cases that do not contain physical injuries, nonetheless, it is important that people are informed about the different forms of elder abuse so that they can advocate for their loved ones. Undue influence normally occurs when a person who’s in a position of power uses their influence to persuade an elderly individual to do something that disproportionately benefits the person in power. Here’s a good example, let’s say a woman is her elderly mother’s power of attorney. The woman goes to her mother who’s got advanced dementia and asks her mother for some money to save her failing interior design business. Well, that may be considered to be undue influence.

Neglect

Neglect can happen in many different ways. We’ll talk about negligent supervision of employees later. But right now, we’re focused on nursing home neglect pertaining to those who actually live in a nursing home. Staff members generally have a duty to provide an appropriate level of supervision to residents. For example, staff members who work with residents suffering from dementia should not let the patients wander around outside unattended. If the nursing home fails to provide the appropriate level of supervision to its patients, it may be liable for any injuries the unsupervised patients sustain. Nursing home abuse lawyers who handle personal injury claims may be able to help out in cases of negligent supervision.

Negligent Hiring

Nursing home abuse lawyers also handle cases of negligent hiring. Nursing home injury cases may arise when a nursing home negligently hires an employee that poses a danger to the patients. If a background check would have revealed it, the nursing home should know about it. So, let’s say a patient is injured by an abusive nurse. A team of nursing home abuse lawyers work together and discover that the nurse has a long history of abuse. This may be negligent hiring. If a nursing home abuse attorney can prove that the negligent hiring led to the injury of a resident, the resident may be eligible for financial compensation. A nursing home abuse attorney may also claim negligent hiring when a facility hired a person who didn’t have the education, training, or qualifications necessary to do their job, and a patient was injured because of that.

Negligent Supervision

We talked about negligent supervision in regards to the residents, but did you know that employees also need supervision? Care facilities generally have a duty to be on the look out for nursing home abuse. They also need to make sure that those administering medical treatment are following all established protocols and rules. Employers are generally liable for what their employees do while they’re clocked in. So if an employer knows that an employee is a danger to nursing home patients, that employer arguably has a duty of care to prevent that employee from injuring the patient by keeping a close eye on them, or ideally terminating their employment. This can help prevent nursing home abuse lawsuits.

Negligent Retention

As previously mentioned, if care facilities want to avoid a nursing home abuse lawsuit, one of the best ways to do that is to terminate the employees who pose a danger to the facility’s residents. If an assisted care facility knows, or reasonably should know that an employee has a history of harming patients, that facility may be liable if the employee actually did end up hurting a patient. Negligent retention may occur when an employee has a history of causing damages to others and the employer failed to terminate them. Failure to terminate employees who pose a danger to residents is one of the fastest ways to end up in a nursing home abuse lawsuit. If your loved one has been injured by an employee who you believe has injured other residents, it may be time to speak with an elder abuse attorney about a nursing home abuse lawsuit.

Medical Malpractice

Nursing home attorneys may also be able to handle cases of malpractice. In assisted care facilities, medication errors can occur. Staff may fail to get a resident the medical attention they need, on site doctors may fail to properly diagnose a patient, or do so in a prompt manner. All these may be cases of neglect that elder abuse lawyers can help with. In severe cases of nursing home abuse or neglect, wrongful death may occur. Wrongful death occurs when a defendant’s negligence causes the death of the plaintiff. If a resident at an assisted care facility does not get the proper medical care, wrongful death may occur due to medical errors. For this reason, it is always important to look out for cases of neglect.

Nursing Home Litigation

At Moxie Law Group, our firm takes cases of nursing home abuse seriously. Our elder abuse attorneys are dedicated to helping you and your family members get the financial compensation they need for medical expenses they’ve accrued due to injury. Hiring a nursing home abuse lawyer is often a person’s worst nightmare. At Moxie Law Group, our law firm has a complex understanding of nursing home abuse law. Our nursing home lawyers are here for your when your family members need an advocate.

Suing Nursing Homes Isn’t Easy but Someone’s Gotta Do It

Many law firms don’t want to go to trial. This is because law firms know that trial is expensive and it’s faster and cheaper to just settle the case anyway. While that may suit other law firms, that doesn’t suit our law firm. If your loved one has been injured at a care facility, you need a law firm who can match you with an expert in nursing home abuse law. You also need a nursing home abuse lawyer who can help you get the compensation your loved one needs in order to cover their medical bills. When you hire a nursing home abuse lawyer at Moxie Law Group, you’re not only hiring an expert in nursing home abuse law, you’re also hiring a nursing home abuse lawyer who isn’t afraid of going to court. Our law firm values providing our community with the nursing home abuse lawyer that’s not afraid of a law suit. If you’re looking for a law firm who will fight for your rights, look no further than Moxie Law Group.

Looking for a Nursing Home Abuse Law Firm? Meet Moxie.

Many law firms like to claim that they’re looking out for you when they’re really looking out for their profit margins. While a nursing home abuse law firm may claim to advocate for their client, they’re really just trying to settle as many cases as they possibly can and do it for has cheap as they possibly can If your loved one has been injured, and your thinking about going to a nursing home abuse law firm, you need to go with the nursing home abuse law firm that values their clients. At Moxie Law Group, we offer clients a free case review, and we work on a contingency fee basis. This means that you don’t pay us unless you’re compensated. When you’re looking at law firms for a nursing home lawyer, look no further than Moxie Law Group.

Hire the Leading Personal Injury Lawyer

that Utah and Texas Has to Offer

Imagine getting a phone call informing you that one of your parents has been seriously injured in an assisted living facility. Tragically, these terrifying nightmares are a reality for thousands of Americans every year. Negligence in a nursing home can cause an untold amount of pain and suffering and, in the worst cases, negligence can lead to the death of a loved one. Negligence typically occurs in nursing homes due to issues with the staff, dangers within the facility, and medical malpractice. If you have loved ones in an assisted living facility, it is crucial that you have an in-depth understanding of their rights so you can protect your family.

Care facilities are responsible for ensuring that they’re hiring qualified employees. Employees working at a care facility need to have all the credentials required for the job. If an assisted living facility fails to verify an employee’s credentials, they could be held responsible for the injuries an unqualified employee has caused. Negligent hiring could also occur if a care facility hired someone with a criminal record that would interfere with their job at an assisted living center. A facility could probably hire someone with a misdemeanor for speeding. However, if they hired someone with a criminal record of physical assault, they would be responsible if the employee assaulted any patients. This is true even if the facility failed to do a background check. If a background check, or education verification, would have revealed it, care facilities are responsible for knowing about it.

Assisted living facilities are also responsible for making sure they don’t continue employing individuals who have caused problems in the past. If an employee has already harmed other residents, facilities are responsible for terminating those employees before they harm more residents. If a facility fails to terminate an employee who has already endangered or harmed a patient, the facility could be sued for negligent retention.

Medical facilities of all types are responsible for ensuring that they provide an adequate amount of supervision to all their patients. If a patient wanders off the property and is injured, a facility may be liable for those injuries if the patient wasn’t properly supervised. Negligent supervision may also occur if a care facility allows a patient to have access to anything that may hurt them. A good example would be leaving a patient suffering from Alzheimer’s Disease alone with a pair of scissors. 

There aren’t too many limitations on premises liability. When it comes to nursing homes, they are also responsible for properly maintaining the property. Anything spilled on the floor needs to be cleaned up immediately. Anything that could cause an outbreak of disease or infection must also be cleaned up and properly disposed of. Staircases need to have rails, and any building hazard that could cause a fall, or any type of injury, needs to be repaired immediately. 

“What Is Nursing Home Neglect?”

Negligence can occur in nursing homes in myriad ways. The elderly aren’t always able to advocate for themselves, so it’s important that society has safety measures in place to protect the nursing home residents from nursing home abuse, and nursing home neglect. A nursing home negligence lawyer can work on cases of nursing home abuse, elder abuse that exists outside of a nursing home, malpractice, neglect, and more. Personal injury lawyers handle cases that include any of the previously listed forms of abuse. In doing so, personal injury lawyers help advocate for the rights of those who cannot advocate for themselves.

“What about Nursing Home Abuse?”

A nursing home negligence attorney may also work on cases involving elder abuse, or elder neglect. Nursing home abuse attorneys are dedicated to ensuring that nursing home residents are kept safe from physical abuse, sexual abuse, emotional abuse, mental abuse, and all other forms of physical harm. Nursing home abuse can manifest itself in many different ways. Therefore, if you have loved ones living in a nursing facility, it’s important to keep an eye out for warning signs of elder abuse.

Physical Abuse

Nursing home abuse isn’t always obvious. However, if you have a loved one who is a nursing home resident, it’s important that you keep an eye out for any signs of elder abuse. If you have a loved one who lives in a nursing home facility, and they’ve recently sustained serious injuries that you find suspicious, it may be a good idea to begin watching for other signs of abuse and neglect. If your loved one is experiencing physical abuse, they may have broken bones, bruises, lacerations, or other unexplainable injuries. When you’re on the look out for signs of abuse and neglect, remember to look at the other patients as well; if your loved one is experiencing abuse and neglect, they may not be the only one. Don’t be afraid to ask nursing home employees about your the injuries your family member, or loved one, has sustained, and the medical care they received due to the injury. It may also be a good idea to document their answers as well. This may help you if you end up meeting with a team of nursing home abuse attorneys later.

Financial Abuse

When we talk about elder abuse, and nursing home abuse, we normally think of nursing home abuse cases where the elderly endure tremendous physical suffering. However, not all nursing home abuse victims endure physical trauma. In fact, many nursing home abuse cases include victims who are financially abused. Elder abuse doesn’t necessarily have to take place inside a nursing home. Some nursing homes have employees that care for elderly individuals who live at least partially on their own, having a caregiver stop by periodically. However, anyone can be a victim of financial abuse, even if they’re a nursing home resident. Though nursing home abuse attorneys who work as personal injury attorneys don’t normally get involved with cases that feature solely financial abuse, it’s important that nursing home residents aren’t exposed to financially abusive caretakers.

Undue Influence

When it comes to elder abuse, we mainly see cases of undue influence show up in cases where the nursing home residents are being financially exploited. Most nursing home abuse lawyers with a personal injury background do not work on cases that do not contain physical injuries, nonetheless, it is important that people are informed about the different forms of elder abuse so that they can advocate for their loved ones. Undue influence normally occurs when a person who’s in a position of power uses their influence to persuade an elderly individual to do something that disproportionately benefits the person in power. Here’s a good example, let’s say a woman is her elderly mother’s power of attorney. The woman goes to her mother who’s got advanced dementia and asks her mother for some money to save her failing interior design business. Well, that may be considered to be undue influence.

Neglect

Neglect can happen in many different ways. We’ll talk about negligent supervision of employees later. But right now, we’re focused on nursing home neglect pertaining to those who actually live in a nursing home. Staff members generally have a duty to provide an appropriate level of supervision to residents. For example, staff members who work with residents suffering from dementia should not let the patients wander around outside unattended. If the nursing home fails to provide the appropriate level of supervision to its patients, it may be liable for any injuries the unsupervised patients sustain. Nursing home abuse lawyers who handle personal injury claims may be able to help out in cases of negligent supervision.

Negligent Hiring

Nursing home abuse lawyers also handle cases of negligent hiring. Nursing home injury cases may arise when a nursing home negligently hires an employee that poses a danger to the patients. If a background check would have revealed it, the nursing home should know about it. So, let’s say a patient is injured by an abusive nurse. A team of nursing home abuse lawyers work together and discover that the nurse has a long history of abuse. This may be negligent hiring. If a nursing home abuse attorney can prove that the negligent hiring led to the injury of a resident, the resident may be eligible for financial compensation. A nursing home abuse attorney may also claim negligent hiring when a facility hired a person who didn’t have the education, training, or qualifications necessary to do their job, and a patient was injured because of that.

Negligent Supervision

We talked about negligent supervision in regards to the residents, but did you know that employees also need supervision? Care facilities generally have a duty to be on the look out for nursing home abuse. They also need to make sure that those administering medical treatment are following all established protocols and rules. Employers are generally liable for what their employees do while they’re clocked in. So if an employer knows that an employee is a danger to nursing home patients, that employer arguably has a duty of care to prevent that employee from injuring the patient by keeping a close eye on them, or ideally terminating their employment. This can help prevent nursing home abuse lawsuits.

Negligent Retention

As previously mentioned, if care facilities want to avoid a nursing home abuse lawsuit, one of the best ways to do that is to terminate the employees who pose a danger to the facility’s residents. If an assisted care facility knows, or reasonably should know that an employee has a history of harming patients, that facility may be liable if the employee actually did end up hurting a patient. Negligent retention may occur when an employee has a history of causing damages to others and the employer failed to terminate them. Failure to terminate employees who pose a danger to residents is one of the fastest ways to end up in a nursing home abuse lawsuit. If your loved one has been injured by an employee who you believe has injured other residents, it may be time to speak with an elder abuse attorney about a nursing home abuse lawsuit.

Medical Malpractice

Nursing home attorneys may also be able to handle cases of malpractice. In assisted care facilities, medication errors can occur. Staff may fail to get a resident the medical attention they need, on site doctors may fail to properly diagnose a patient, or do so in a prompt manner. All these may be cases of neglect that elder abuse lawyers can help with. In severe cases of nursing home abuse or neglect, wrongful death may occur. Wrongful death occurs when a defendant’s negligence causes the death of the plaintiff. If a resident at an assisted care facility does not get the proper medical care, wrongful death may occur due to medical errors. For this reason, it is always important to look out for cases of neglect.

Nursing Home Litigation

At Moxie Law Group, our firm takes cases of nursing home abuse seriously. Our elder abuse attorneys are dedicated to helping you and your family members get the financial compensation they need for medical expenses they’ve accrued due to injury. Hiring a nursing home abuse lawyer is often a person’s worst nightmare. At Moxie Law Group, our law firm has a complex understanding of nursing home abuse law. Our nursing home lawyers are here for your when your family members need an advocate.

Suing Nursing Homes Isn’t Easy but Someone’s Gotta Do It

Many law firms don’t want to go to trial. This is because law firms know that trial is expensive and it’s faster and cheaper to just settle the case anyway. While that may suit other law firms, that doesn’t suit our law firm. If your loved one has been injured at a care facility, you need a law firm who can match you with an expert in nursing home abuse law. You also need a nursing home abuse lawyer who can help you get the compensation your loved one needs in order to cover their medical bills. When you hire a nursing home abuse lawyer at Moxie Law Group, you’re not only hiring an expert in nursing home abuse law, you’re also hiring a nursing home abuse lawyer who isn’t afraid of going to court. Our law firm values providing our community with the nursing home abuse lawyer that’s not afraid of a law suit. If you’re looking for a law firm who will fight for your rights, look no further than Moxie Law Group.

Looking for a Nursing Home Abuse Law Firm? Meet Moxie.

Many law firms like to claim that they’re looking out for you when they’re really looking out for their profit margins. While a nursing home abuse law firm may claim to advocate for their client, they’re really just trying to settle as many cases as they possibly can and do it for has cheap as they possibly can If your loved one has been injured, and your thinking about going to a nursing home abuse law firm, you need to go with the nursing home abuse law firm that values their clients. At Moxie Law Group, we offer clients a free case review, and we work on a contingency fee basis. This means that you don’t pay us unless you’re compensated. When you’re looking at law firms for a nursing home lawyer, look no further than Moxie Law Group.

A Call Away, and Ready To Help You Honor Your Loved Ones

Moxie Law Group

Empathy, Integrity, Tenacity

Unfortunately, many nursing homes and care facilities neglect to take measures to ensure the safety of their residents. The injuries sustained in nursing homes can cause stress and heartache that spreads across entire families. If your loved one has been the victim of nursing home neglect, Moxie Law Group is here for you. We offer support to our clients through free consultations. If you are looking to file a personal injury claim, contact Moxie Law Group today.

A Call Away, and Ready To Help You Honor Your Loved Ones

Moxie Law Group

Empathy, Integrity, Tenacity

Unfortunately, many nursing homes and care facilities neglect to take measures to ensure the safety of their residents. The injuries sustained in nursing homes can cause stress and heartache that spreads across entire families. If your loved one has been the victim of nursing home neglect, Moxie Law Group is here for you. We offer support to our clients through free consultations. If you are looking to file a personal injury claim, contact Moxie Law Group today.



The COVID Factor:

A Cause for Heightened Alarm
COVID-19 has changed the world, and surely one of the most compromised populations is that of nursing home clientele: The Foundation for Research on Equal Opportunity finds that nursing home fatalities account for 42% of national COVID-associated deaths.

That number is higher in Utah, where nursing homes are responsible for 45.7% of COVID-related deaths in the state.

Instead of improving safety, corporate nursing homes are seeking legal loopholes. They are actively and aggressively working to limit their accountability and deny residents’ rights. The corporate nursing home industry is considered notorious for forcing elderly patients and families to sign away rights under what is known as binding mandatory arbitration.

Forced arbitration is an unfair practice that allows negligent corporations to get away with wrongdoing by denying residents and their families access to the civil justice system.

Additionally, forced arbitration allows negligent nursing homes to keep the facts of cases secret. Even if a case raises important public health and safety issues, the public may never find out about the irresponsible actions and the negligence will continue.


This last thought, once again, is that personal injury is really community injury

The COVID Factor:

A Cause for Heightened Alarm
COVID-19 has changed the world, and surely one of the most compromised populations is that of nursing home clientele: The Foundation for Research on Equal Opportunity finds that nursing home fatalities account for 42% of national COVID-associated deaths.

That number is higher in Utah, where nursing homes are responsible for 45.7% of COVID-related deaths in the state.

Instead of improving safety, corporate nursing homes are seeking legal loopholes. They are actively and aggressively working to limit their accountability and deny residents’ rights. The corporate nursing home industry is considered notorious for forcing elderly patients and families to sign away rights under what is known as binding mandatory arbitration.

Forced arbitration is an unfair practice that allows negligent corporations to get away with wrongdoing by denying residents and their families access to the civil justice system.

Additionally, forced arbitration allows negligent nursing homes to keep the facts of cases secret. Even if a case raises important public health and safety issues, the public may never find out about the irresponsible actions and the negligence will continue.


This last thought, once again, is that personal injury is really community injury

Most Importantly, Our Experience Speaks for Itself