Michigan Nursing Home Abuse Lawyer
Nursing Home Abuse and Neglect Lawyers in Michigan
Nursing homes must conduct safety assessments and identify each patient’s particular needs for assistance. Unfortunately, many nursing homes do not make safety a priority. If a nursing home has failed to train or supervise its staff members properly, it can be held liable for damages suffered by elderly residents. In this case, the victim’s family should work with a skilled Michigan nursing home abuse lawyer with Lipton Law.
At Lipton Law, we know that it is overwhelming to take legal action after caregivers have mistreated your loved one. You can depend on our Michigan nursing home abuse lawyers to advocate for you when we handle your nursing home abuse or negligence case.
If your loved one has suffered injuries at a nursing home, a group home, or an assisted living facility, we will move quickly to pursue just compensation.
To schedule a free consultation with us, please call our office at 248-557-1688 today.
Fighting for Michigan Nursing Home Residents
Senior citizens are especially vulnerable to maltreatment. When they suffer injuries at the hands of abusive nursing home staff, they can face life-threatening odds, high medical bills, and a significantly reduced quality of life.
Unfortunately, it’s not easy to determine whether your relative is suffering abuse in a Michigan nursing home. At Lipton Law, we feel that families shouldn’t have to feel left in the dark about their loved one’s well-being. That’s why we’ve spent years improving our knowledge of how abuse occurs and how to hold the responsible parties accountable for their actions.
Our lawyers are proud to help nursing home abuse and neglect victims and their families manage complicated cases and receive the justice they deserve.
We Help Victims of Nursing Home Abuse and Neglect
When victims and their families speak out against nursing home abuse to hold liable parties responsible, they are also helping prevent others from becoming victims.
Nursing home litigation in Michigan may be filed for an individual who has suffered illness or injury, as well as for family members of a person who has died because of nursing home neglect.
Our skilled nursing home abuse attorneys can provide exceptional legal representation in a wide variety of nursing home neglect cases, including those involving:
- Bedsores, ulcers, and bone infections
- Falls, dropped patients, and broken bones
- Physical, mental, or sexual abuse by staff members and other residents
- Poor medical care
- Medication overdoses and errors
- Dehydration and malnutrition
- Unsafe facilities
- Transportation and restraint injury
What Causes Nursing Home Abuse?
Nursing home abuse can stem from various factors, including systemic issues within the facility, understaffing, inadequate training, and poor management. Firstly, understaffing is a significant contributor.
It can lead to caregivers feeling overwhelmed and unable to provide adequate care to residents. This situation increases the likelihood of medical malpractice, neglect, and abuse occurring due to the inability to meet the needs of all residents.
Furthermore, insufficient training of staff members can result in a lack of understanding of proper caregiving techniques and the signs of abuse. Without adequate training, caregivers may unintentionally harm residents or fail to recognize and report abuse when it occurs.
Poor management within nursing homes can also foster an environment where abuse thrives. When management prioritizes profit over resident care, corners may be cut, and staff may be pressured to prioritize efficiency over quality of care.
Additionally, factors such as lack of oversight, insufficient background checks on staff, and failure to address complaints or concerns from residents or their families can contribute to a culture where abuse is more likely to occur and go unchecked.
7 Types of Abuse in Nursing Homes
Nursing home abuse victims can suffer in many different ways. Some of the most common forms of nursing home abuse include physical abuse, sexual assault, emotional or psychological abuse, abandonment, financial abuse, nursing home neglect, and self-neglect.
Physical Abuse
Physical abuse involves any intentional use of force that causes bodily harm, pain, or impairment. This may include hitting, pushing, or inappropriate use of restraints, resulting in bruises, fractures, or other injuries.
Emotional or Psychological Abuse
Emotional or psychological abuse entails behaviors that inflict mental anguish, distress, or fear upon residents. This can include verbal threats, intimidation, humiliation, or isolating residents from social interactions, leading to emotional trauma and deteriorating mental health.
Abandonment
Abandonment occurs when caregivers fail to fulfill their responsibilities to provide care and support for residents, leaving them alone or without necessary assistance for extended periods. This neglectful behavior can lead to physical discomfort, dehydration, malnutrition, and exacerbation of existing health conditions.
Sexual Abuse
Sexual abuse involves any unwanted sexual contact, coercion, or exploitation of residents, regardless of their ability to consent. This egregious violation of trust and dignity can result in physical injuries, emotional trauma, and long-lasting psychological scars.
Financial Abuse
Financial abuse refers to the unauthorized or improper use of a resident’s funds, property, or assets for personal gain or exploitation. This may involve theft, forgery, coerced financial transactions, or manipulation of legal documents, leaving residents financially vulnerable and deprived of resources essential for their care and well-being.
Nursing Home Neglect
Nursing home neglect occurs when caregivers fail to meet the basic needs of residents, such as adequate nutrition, hydration, hygiene, and medical care. Neglect can result from understaffing, inadequate training, or negligence, leading to preventable health complications, deterioration in physical and cognitive functioning, and overall decline in quality of life.
Self-Neglect
Self-neglect occurs when residents fail to meet their own basic needs for health, hygiene, and safety, often due to physical or cognitive impairments. While not directly caused by caregivers, nursing home staff have a duty to identify and address instances of self-neglect to ensure residents receive appropriate support and intervention to maintain their well-being.
Common Nursing Home Abuse Injuries
Common nursing home abuse injuries can encompass a range of physical and psychological harm inflicted upon residents, often resulting from neglect, mistreatment, or inadequate care.
By working with a Michigan personal injury lawyer at Lipton Law, you can rest assured that your case will be handled by a team with considerable experience in nursing home abuse cases. Some of the most common injuries we see in these cases include the following.
Bedsores and Pressure Sores
Bedsores, also known as pressure ulcers or pressure sores, are one prevalent injury in nursing home settings. These painful wounds develop when prolonged pressure on the skin reduces blood flow to vulnerable areas, leading to tissue damage.
Bedridden or immobile residents are particularly susceptible, and without proper repositioning, hygiene, and wound care, bedsores can progress to severe infections and life-threatening complications. Contact a Michigan bedsore lawyer if your loved one suffered from bedsores due to negligence.
Nursing Home Fall Injuries
Nursing home fall injuries are another frequent concern, especially among elderly residents with mobility issues or cognitive impairments. Falls can result from environmental hazards, lack of supervision, inadequate mobility aids, or improper assistance from staff.
Fractures, head injuries, and soft tissue damage are common consequences of falls, often leading to reduced mobility, chronic pain, and diminished quality of life for affected residents. When a resident suffers a fall due to negligence, their family members could file a nursing home fall lawsuit.
Dehydration and Malnutrition
Dehydration and malnutrition are significant health risks in nursing homes, particularly when residents do not receive adequate hydration and nutrition due to neglect or insufficient staff oversight.
Failure to assist residents with eating and drinking, as well as improper meal planning and food preparation, can result in weight loss, weakness, fatigue, and compromised immune function. Severe cases may lead to dehydration-related complications like urinary tract infections, electrolyte imbalances, or even organ failure.
Infections
Infections are also prevalent among nursing home residents, especially those with weakened immune systems or chronic health conditions. Poor hygiene practices, inadequate sanitation, and lack of infection control measures can contribute to the spread of infectious diseases such as urinary tract infections, respiratory infections, skin infections, and gastrointestinal illnesses. Residents may suffer from recurrent infections, prolonged illness, hospitalizations, and in severe cases, life-threatening sepsis. An experienced sepsis malpractice lawyer in Michigan can help you file a claim for compensation.
Signs You Need a Michigan Nursing Home Abuse Lawyer
Sometimes family members don’t know if elder abuse is occurring at a nursing home or assisted living facility. Here are a few common signs that you may need to consider a nursing home abuse lawsuit.
Nursing Home Resident Signs of Abuse
The nursing home resident:
- has a sudden change in attitude or behavior
- shows signs of sudden weight loss
- has unexplained injuries-bed sores, pressure sores or pressure ulcers, broken bones, genital bruising, etc.
- hasn’t received proper medical treatment for illnesses or wounds
- wound up in a hospital after staying at a nursing home
- shows signs of fear of nursing home staff or other caregivers
- has poor personal hygiene
General Signs of Nursing Home Abuse
There are other signs for family members to look for that should warrant concern, such as:
- an ongoing lack of sufficient nursing staff
- serious healthcare mistakes made by the nursing home staff, such as medication error, etc.
- noticeable signs of caregiver neglect, such as malnutrition, weight loss, dehydration, etc.
- a decline in your family member’s psycho social well being
- any signs of sexual abuse
If you have any doubt, it never hurts to request your loved one’s medical records and call our office for a free consultation.
Nursing Home Facility Signs of Abuse
Furthermore, you can look for signs of nursing home neglect in the nursing home itself. A nursing home may neglect your family member if you see the facility has:
- a lack of food or water
- dirty living spaces
- a lack of medical equipment
- insufficient utilities
- faulty wiring
- insect or rodent infestations
- insufficient space
- poor ventilation
- inability to maintain sufficient nursing staff
- negligent hiring practices
What to Do If You Suspect Nursing Home Abuse
If you suspect a nursing home abuse case, you should take immediate action to ensure the safety and well-being of the resident. Document any signs or symptoms of abuse, such as injuries, changes in behavior, or neglect.
After getting in touch with an attorney, report your concerns to the nursing home administration and request a formal investigation. This could include the facility’s director of nursing or administrator.
Additionally, contacting the local authorities, such as adult protective services or law enforcement, may be necessary to ensure swift intervention and protection for the resident.
How to Report a Nursing Home to the State of Michigan
There are a few ways to report nursing home abuse to the State of Michigan. With any of these methods, we strongly recommend having legal counsel.
- Call the State of Michigan’s toll-free Complaint Hotline at 1-800-882-6006.
- Submit your complaint online.
- Go to www.michigan.gov/lara.
- Click on the “Bureaus” dropdown menu. Click “Community and Health Systems.” Click “Go to Community and Health Systems.”
- Select “File a Complaint.”
- Click “Health Agencies and Facilities.”
- Click “Submit a complaint using the online form.”
- Fill out the online form as completely and accurately as possible. Then submit the form.
- Complete and submit a Health Facility Complaint Form BCHS-361 to:
- Michigan Department of Licensing and Regulatory Affairs
Bureau of Community and Health Systems-Health Facility Complaints
P.O. Box 30664, Lansing, MI 48909
FAX: 517-335-7167
EMAIL: BHCS-Facility-Complaints@michigan.gov
- Michigan Department of Licensing and Regulatory Affairs
No matter which method you use, you will need to provide the following information.
- Name and address of the nursing home
- Name of the resident
- Information about why you are filing the complaint
- The date or dates of the incident(s)
- Medical records documenting any injuries
Nursing Home Abuse Reporting Requirements in Michigan
If a nursing home employee suspects or becomes aware of any form of abuse or mistreatment of nursing home residents, they must report the abuse to the nursing home administrator or nursing director. Employees who fail to report such abuse could also be held liable for the abuse.
How Long Do You Have to Report Abuse in a Nursing Home in Michigan?
The sooner you report suspected nursing home abuse, the better. Waiting too long could weaken a potential abuse claim and possibly bar someone from seeking compensation.
We strongly recommend seeking help from a skilled nursing home abuse attorney to ensure that your claim is filed in a timely manner.
If nursing home employees suspect abuse, they are required to verbally report the incident immediately. Written reports must often be made either before the end of the employee’s shift or within 72 hours of the verbal report.
How to Anonymously Report a Nursing Home for Abuse or Neglect
You can choose to report suspected abuse anonymously. To do this, call the Attorney General’s Health Care Fraud Division on their hotline, 800-24-ABUSE (800-242-2873). We always recommend that family members of abused nursing home residents work with law firms to ensure their cases are handled properly.
An attorney can help you gather evidence, submit your complaint in a timely manner, and represent you in court if necessary.
Types of Nursing Home Abuse
Practice Areas
Michigan Nursing Home Lawyers FAQ
What Is a Nursing Home Abuse Lawyer?
Michigan nursing home abuse lawyers help those who are affected by abuse or neglect in Michigan nursing homes or assisted living facilities by pursuing financial compensation and justice. Generally, a nursing home abuse lawyer makes the legal process easier for the family and may increase the chances of obtaining a favorable outcome.
Almost all nursing home abuse attorneys also handle nursing home neglect. When an elderly person’s needs aren’t taken care of, they can be seriously injured or even killed. Our lawyers take on both nursing home abuse cases as well as nursing home neglect cases.
How Can a Michigan Nursing Home Abuse Lawyer Help?
A nursing home abuse attorney can guide family members through the complicated legal process and help them receive financial compensation on behalf of the victim.
When you work with an experienced law firm for nursing home abuse cases, your loved one will have a better chance at receiving a better outcome.
What Constitutes Nursing Home Abuse?
Abuse can take many forms, and some may not be obvious to the casual observer. For instance, your relative might not have suffered direct physical violence, but this doesn’t mean that he or she is not being abused. Instead, your relative could have been subjected to:
- Negligent actions such as providing insufficient supervision, failing to render necessary medical treatment or not maintaining safe premises
- Unwanted sexual advances and assault
- Emotional, verbal or psychological abuse
Although all of these situations are clearly wrong, it is up to you to demonstrate that the abuse occurred. You will also need to show how the abuse adversely affected your relative’s life or financial standing.
Our team works to help you fulfill these legal obligations so that you can bring a stronger case to court. We offer aggressive, knowledgeable representation and strive to establish your winning argument.
Is it Difficult to Sue a Nursing Home?
No, it is not necessarily difficult to sue a nursing home for abuse or neglect when you hire an experienced nursing home abuse lawyer.
The federal government requires nursing homes and assisted living facilities that receive Medicare or Medicaid to meet a standard of care.
Nursing home residents also have legal rights that are mandated by both state and federal laws.
How Much is a Nursing Home Neglect Case Worth?
According to the journal Health Affairs, average nursing home abuse cases settle for around $406,000.
What Is the Average Settlement for Nursing Home Abuse?
Most cases settle for between $150,000 and $400,000, but these numbers can be higher or lower depending on several factors. The average settlement amount for nursing home abuse lawsuits varies widely.
It heavily depends on the severity of the abuse, extent of the injuries, duration of the abuse, strength of the evidence, negligence and liability, emotional distress, and economic damages.
Who Do You Report Abuse to in a Nursing Home?
You can report any form of abuse, including mental and physical abuse, to any of the following parties in Michigan.
- Nursing home administrator or nursing director
- Attorney General’s Health Care Fraud Division at 1-800-24-ABUSE
- Department of Human Services and Adult Protective Services at michigan.gov/dhs
- Bureau of Health Services Abuse Hotline at 1-800-882-6006
- Michigan Protection and Advocacy Services at 1-800-288-5923
- Michigan’s 24-hour nursing home abuse hotline at 1-855-444-3911
Experienced Michigan Nursing Home Abuse Attorney
If your loved one is the victim of nursing home abuse of any kind, we encourage you to request a free case evaluation at your earliest convenience. With over 100 years of combined experience holding negligent parties liable, we can help right the wrong through effective legal representation in nursing home abuse litigation.
Nursing facilities are prone to deny abuse claims and push back against those who make them. This is particularly true if you try to prove that nursing home negligence led to certain conditions, such as UTIs.
Learn more about the UTI symptoms in elderly people in our related blog. Talk to Lipton Law about shoring up your argument. Call us at 248-557-1688 or contact us online today.