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Filing a Personal Injury Lawsuit After an Elder Abuse Incident


Elder abuse is among the most reprehensible of offenses. It takes considerable trust to place a beloved family member in a nursing home; families have the right to expect that their loved ones will be treated well. When a nursing home breaches that trust by committing elder abuse in Annapolis, it’s time to take action. If you believe your loved one is in imminent danger, call 911 or your local police department right away. Then, contact an attorney who handles elder abuse cases to discuss filing a personal injury lawsuit. Elder-Abuse-Incident

Understanding Liability

Liability simply means that a party is being held responsible for another party’s damages. To determine the liability issues applicable to your loved one’s case, the attorney will consider state law and review the nursing home contract that your family signed. Generally, nursing homes have a duty to provide residents with nutritious meals, monitor their health, administer medications, assist with daily living activities, and keep the living areas clean. Federal regulations direct the standards of care for nursing homes that accept Medicare. Among these regulations are the requirements that the nursing home provide adequate supervision to each resident, provide assistive devices to prevent accidents, and maintain a hazard-free environment.

Identifying Acts of Negligence and Abuse

With these types of lawsuits, two main categories of problems can emerge. One is negligence, in which the caregivers neglect to provide adequate care and supervision to the resident. The other is abuse, in which one or more caregivers engage in acts of physical, sexual, or financial abuse or exploitation. Your family’s attorney will need to know about all of the problems you have observed at the nursing home.

Keeping Up-To-Date Records

Your family’s attorney might request a timeline of events along with your detailed notes to build evidence for a lawsuit. Each time you visit your loved one, make a note of any problems you noticed. Did your loved one have access to nutritious food or has your loved one lost weight? Is your loved one’s living area and clothing clean? Does he or she appear well groomed? Perhaps you’ve noticed alarming visible marks on your loved one. Take photographs when appropriate to document these problems.