Elder abuse and nursing home negligence cases sometimes involve the worst acts of carelessness. In my experience as a Kansas City personal injury lawyer handling cases for over 20 years, the abuse or negligence I’ve seen in these cases have been worse than cases against younger people. The abuse is often systematic and the acts of negligence are rarely isolated. According to the World Health Organization, “Around 1 in 6 people 60 years and older experienced some form of abuse in community settings during the past year.” Due to its prevalence, I decided to write this blog with 3 things I think are important to know if you or a loved one have been a victim of nursing home or elder abuse.
Document elder abuse
Write down what happened to you or what you witnessed. Include dates, names, and contact information. If there are visible signs of the abuse or negligence, take a picture of the injuries. This will go a long way towards proving your allegations of negligence.
Report elder abuse
First, report the abuse to local authorities and regulatory agencies. Once you have confirmation, you should also report the abuse to the administrator of the nursing home or community where the abuse occurred. This also goes a long way towards proving your case, but also sets up the nursing home because they rarely take any action after getting a report of abuse or negligence. This can be used against them.
Know the statue of limitations
The statute of limitations for most elder abuse or nursing home negligence cases is two years. This is the medical malpractice statute of limitations, which most nursing home cases fall under. If the negligence or abuse does not involve medical errors, then the statute would likely be five years. If the abuse or negligence resulted in death, then the statute of limitations would be three years. Regardless, you should consult with an attorney as soon as possible to prevent getting time-barred.
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If you or a loved one has been the victim of elder abuse or nursing home negligence, please consider contacting my firm of Kansas City personal injury lawyers. We have the experience necessary to answer your questions and maximize your recovery.
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