Tysons Nursing Home Lawyer

Nursing Home Lawyer Tysons VA

All too often residents in nursing homes experience abuse and neglect from their caregivers, which may require assistance from a top nursing home lawyer Tysons VA can provide. Nursing home abuse can take many forms and it may go unchecked for a long time in certain cases. When the families of abused victims find out what has been happening right under their noses, it can be incredibly difficult to figure out how to fix the situation.

At Cohen & Cohen , our experienced legal team knows that these types of personal injury cases can be frustrating and complex. While no amount of money can possibly fix the damages created by longterm abuse, a financial settlement may be able to assist the victim and his/her family in the healing process.

Some families may not realize the extent to which their elderly relatives are legally protected while in the care of a nursing home. Nursing home facilities and assisted living facilities are required by law to provide adequate care to residents, and this goes beyond basic medical care. While the amount of care deemed “adequate” might differ from state to state, or even from one facility to another, nursing home residents in every state have certain rights that cannot be violated under the law.

As an experienced nursing home lawyer Tysons VA depends on would likely explain, nursing home residents could potentially be subject to several different types of abuse inflicted by their caregivers.

Physical Abuse

Physical abuse is defined as the use of force against another individual with the intent of causing harm. Family members of elderly individuals might find it difficult to believe that physical abuse occurs in nursing homes, but as a seasoned nursing home lawyer Tysons VA depends on can attest, it does happen.

A difficult part of identifying and proving physical abuse in a nursing home is that the signs and symptoms of abuse might easily be covered up as accidents. Another obstacle that might make it difficult to identify abuse is that residents who are victimized may forget or not be able to communicate what is happening. A Tysons VA nursing home lawyer understands that reporting any suspected cases of abuse can be very important. If the family of an elderly resident wishes to take legal action, it may be possible to collect a settlement or file a lawsuit against the nursing home.

Sexual Abuse

Elder sexual abuse is often misunderstood and is reported less often than other types of elder abuse. This is likely because the victims of elder sexual abuse often suffer from conditions related to memory, confusion, and/or ability to communicate.

Simply stated, sexual abuse of elders is legally defined as any unwanted sexual conduct against an adult who is 60 or older. The perpetrators of elder sexual abuse may be caretakers in a nursing home but might even be other residents in the facility. Similar to other cases of sexual abuse against non-elders, perpetrators are typically family members or other individuals with whom the victim has a close relationship. Despite being rooted in sexual actions, perpetrators may actually be using sexual abuse to gain a sense of power or control over the victims.

Proving sexual assault in a nursing home may be difficult, and a top nursing home lawyer Tysons VA residents respect knows it can be an uphill battle. If the abuse is occurring at the hands of a staff member or other caretaker, it might be easier for the physical signs of sexual abuse to be covered up when family members are present. Nevertheless, it is important to understand that this type of elder abuse may occur in nursing homes, and it is always illegal.

Verbal and Emotional Abuse

This type of elder abuse might go unchecked for a long time because nursing home residents may not even know that they are the victims of abuse. While state regulations typically lay out clear guidelines about proper duties for residents’ physical health, the mental and emotional wellbeing of residents may not be as clearly defined through staff member duties. It might also be more difficult for families of residents — and even the residents themselves — to identify the signs of psychological abuse.

Nevertheless, as an experienced nursing home lawyer in Tysons VA might explain, it is still illegal for a nursing home to allow residents to be abused verbally. The effects of psychological abuse, despite being less visible than physical abuse, may be equally as catastrophic. Some older adults find it difficult to age with dignity and psychological abuse can make this process even more traumatic.

Verbal and emotional abuse might come from caretakers, volunteers in the facility, other residents, or even other family members. Example of this abuse may include:

• Humiliating the resident, particularly regarding daily living tasks related to bathing and other hygienic needs
• Consistent blaming or scapegoating the resident
• Isolating the resident from social activities
• Ignoring the resident
• Intimidation or threat of physical, sexual, or financial abuse
• Misuse of duties provided through power of attorney status

Financial Abuse

It is well known that scammers tend to target more vulnerable groups of adults, and this may include elderly individuals. What many people don’t realize is that financial abuse might even occur in nursing home settings as well. This type of abuse may be considered elder abuse in a court of law. While an individual probably won’t sustain injuries directly from financial abuse, the victim would likely suffer if his/her financial savings are drained.

Types of financial abuse in a nursing home may include:

• Cashing a resident’s check without permission
• Stealing personal items
• Forging a resident’s signature
• Coercing a resident to sign documents or contracts
• Deceptive actions that lead to a resident transferring his/her money

If you believe that your elderly relative is the victim of financial abuse, it may be wise to speak with a local nursing home lawyer Tysons VA residents recommend. Luckily, unlike other types of elder abuse, it may be easier to collect evidence of financial abuse that can be used in court. It is important to regularly check bank statements, bank accounts, and even checkbooks to see if any money is being transferred without explanation.

Tysons Nursing Home Abuse

If you suspect that a loved one who lives in a Tysons nursing home is being abused, including abuse by way of neglect, you may need to enlist the help of nursing home lawyers Tysons, VA families can rely on. If you know that your loved one is not getting the kind of care that they need and deserve, it is important to do something as soon as possible to try to protect them and potentially others, from any future harm.

Moving to a Nursing Home

For many people, making the decision to put a much loved family member in a nursing home is not easy but it is often unavoidable. No matter how much you love a person, you may not have the resources, abilities, and/or time to properly care for them. For many older people in particular, it can be extremely traumatic to have to move out of their own home into a nursing facility and they will resist doing this as much as they can. This can be heartbreaking for the person leaving their home as well as for everyone who cares about them and their well-being- and most people would never think that doing this would put them in a situation where they need the help of nursing home lawyers who are licensed to protect people in Tysons and throughout the Commonwealth of VA.

What is even more heartbreaking than having to put someone into a nursing home when they don’t want to go, is finding out that not only are they not getting the care that they need and that you signed them up for, they are getting harmed from abuse or neglect. If you are in this awful situation or suspect that you may be, the sooner you discuss your situation with Tysons, VA nursing home lawyers, the sooner they may be able to start protecting your loved one and their rights.

Nursing Home Negligence

If a plaintiff in a nursing home lawsuit can demonstrate (with the help of lawyers)  that a nursing home or its employees have acted negligently, they may be able to get monetary compensation for expenses that are a result of this neglect. Even though the word neglect is defined as a failure to care for [someone] properly, and abuse is defined as treating a person or an animal with cruelty and/or violence, especially regularly or repeatedly, when it comes to nursing home lawsuits, proving either of these would be under the legal term of negligence.

Common reasons that people seek compensation with the help of a team of good Tysons, VA nursing home lawyers include but are not limited to:

• Disfigurement
• Loss of ability
• Loss of quality of life
• Medical bills
• Pain and suffering
• Punitive damages

If you have a loved one in a nursing home where you suspect or know there is abuse going on, the sooner you contact reliable lawyers, the sooner your loved one may be able to start getting the protection that they need.

For highly rated nursing home lawyers Tysons, VA families recommend, contact Cohen & Cohen any time of the day or night, any day of the year.

Elder abuse

Elder abuse in simple terms is harm to an older person.

This can involve:

• Physical abuse– physical pain or injury on a vulnerable elder, or depriving them of their basic needs
• Sexual abuse – a non-consensual sexual contact of any kind.
• Emotional or psychological abuse – mental or emotional distress through verbal or nonverbal acts on an elder person
• Financial or material exploitation – illegal taking, misuse, or concealment of funds, property, or assets of a vulnerable elder
• Neglect – the refusal or failure to provide food, shelter, health care, or protection for a vulnerable elder
• Self-neglect – the behavior of an elderly person that threatens their own health or safety
• Abandonment – leaving a vulnerable elder when you should be incharge of care or custody of that person.

A nursing home lawyer in Tysons, VA will likely inform you that all of the above forms of abuse are likely to call for serious legal action in order to receive damages.

What are some indications of nursing home abuse and what can I do about it?

Physical, mental and sexual abuse are the most common forms of abuse happening in nursing homes across the country. Many times, those who are abused are those who are physically or mentally disabled meaning they have no way of fighting back and defending themselves.

You know your loved ones more than anyone else so if you suspect they are a potential victim of abuse report it to local police and take legal action to save your loved ones.

According to a skilled nursing home lawyer in Tysons, VA, some important things to lookout for include:

• Unexplained bruises, cuts, burns, sprains, or fractures
• Unexplained venereal disease or genital infections, vaginal or anal bleeding
• Frozen joints
• Bed sores
• Bloody clothing
• Sudden changes in behavior
• Staff refusing to allow visitors to see resident or delays in allowing visitors to see resident
• Staff members not allowing residents to be alone with visitors
• Loss of possessions
• Large withdrawals from bank accounts
• Loss of appetite

When To Contact A Nursing Home Attorney?

When there has been a specific incident involving injury or abuse, you should contact nursing home lawyer in Tysons, VA. Many times people hesitate to take legal action or just try to ignore the abuse situation however this should never be your answer. You should trust your instinct because if something doesn’t seem right it’s probably not. If you believe your loves one is being treated improperly contacting a lawyer can help relieve your anxiety and help your loved one move to safety.

The majority of nursing home neglect cases are far more subtle and many people are hesitant to seek out an attorney.  The best rule of thumb is to trust your instinct. If something doesn’t seem right–it’s probably not. Because most cases of nursing home neglect involve ongoing mistreatment, it is important to contact nursing home lawyer in Tysons, VA when you begin to suspect the nursing home may be treating your loved one improperly.

Physical signs of abuse can be the most obvious. Many elderly people are hesitant or scared to report abuse situations involving their nursing homes. They also might be afraid to confront someone who is making them suffer. Constant injury that is not an accident should not be tolerated and these issues are preventable by hiring better staffing.

Call Cohen & Cohen today to help save your loved ones and set up your free consultation with a nursing home lawyer Tysons, VA is proud to have in its midsts.

Who files a nursing home lawsuit?

Typically, nursing home lawsuits need to be filed by the victim of the abuse that happened at the nursing home and cannot be filed by a concerned family member because the abuse did not happen directly to them. Unfortunately, this makes it complicated to file a nursing home lawsuit- particularly when the victim of abuse has a diminished mental capacity and cannot fully function. There are a few legal options that Tysons, VA nursing home lawyers may be able to help with that include but are not limited to:

• Power of Attorney (POA) If an abused resident of a nursing home has awarded POA to a family member, then the loved one has the legal right to make decisions on behalf of the victim.
• Guardian or Conservator You can receive a court order naming you or a family member
  as guardian or conservator on behalf of the abused resident. This is similar to having power of attorney.

Who can be held liable for nursing home abuse?

Once it is determined who will be filing the lawsuit, next, you need to identify who the defendant will be. Typically, these defendants are:

• The party or parties responsible for causing the injuries
• The company that owns the nursing home where the abuse occurred
• The supervisor of the nursing home who was aware of the abuse taking place and did not do anything; and/or who failed to check their employees’ for previous abuse accusations, etc.

Many people find that it is much easier to identify the defendants in nursing home abuse cases with the help of reliable Tysons, VA nursing home lawyers, than if they try to do this on their own.

What claims can you bring against the nursing home?

Potential legal claims you can file against the nursing home are:

•      Breach of contract
•      Elder abuse
•      Negligent hiring of employees
•      Negligence (against the resident), and
•      Medical malpractice

What can my lawyer do for us?

By working with a lawyer from Cohen & Cohen, you can rest assured knowing the safety of your loved one is of the utmost importance to us. We will go over every detail of your case to get your loved one the help they need, the safety they deserve, and the compensation they are entitled to.

Contact us any time of the day or night, any day of the year, for a free case evaluation with no obligations. You’re just one call away from peace of mind that the steps are in motion to stop the abuse of your loved one.

Cohen & Cohen : A Nursing Home Lawyer Tysons VA Can Rely On

When your family discovers that an elderly relative has been living in an abusive environment, it’s important to know that a local nursing home lawyer Tysons VA can provide has your back. The legal team at Cohen & Cohen knows just how difficult these types of personal injury cases can be. Our clients choose to hire our firm because we not only provide decades of successful litigation experience, but also compassion and understanding when difficult cases arise.

If you aren’t sure where to start, our firm may be able to help. We have provided successful counsel to countless local residents throughout Maryland who have sustained injuries due to the abuse or negligence of another person. To speak with a top nursing home lawyer Tysons VA trusts, contact Cohen & Cohen today.