Nursing Home Abuse — No Win No Fee
Nursing home abuse and neglect cases — involving physical, emotional, or financial harm to elderly residents — are handled on a contingency fee basis. Families pay nothing upfront and owe no fees unless the case results in compensation.
What Are the Types of Nursing Home Abuse?
Direct Answer: Nursing home abuse includes physical abuse, emotional abuse, sexual abuse, neglect (failure to provide basic care), and financial exploitation. Nursing home abuse attorneys work on contingency fees, and cases may involve both individual facility lawsuits and regulatory complaints.
- Physical abuse — hitting, pushing, inappropriate use of restraints
- Emotional/psychological abuse — intimidation, threats, isolation, humiliation
- Sexual abuse — non-consensual sexual contact
- Financial exploitation — theft, unauthorized use of funds, fraud
- Neglect — failure to provide adequate food, water, hygiene, medication, or medical care
Federal and State Protections
The Nursing Home Reform Act of 1987, enacted as part of the Omnibus Budget Reconciliation Act (OBRA), establishes minimum quality standards for nursing homes that receive Medicare or Medicaid funding. The Act guarantees residents' rights including the right to dignity, freedom from abuse and neglect, and the right to adequate care. State laws provide additional protections and may create private rights of action for abuse victims.
Liability and Damages
Nursing home abuse claims may be brought against the facility, its parent corporation, individual staff members, and third-party management companies. Damages may include medical expenses, pain and suffering, emotional distress, and punitive damages for particularly egregious conduct. In cases of fatal neglect, wrongful death claims may be pursued by surviving family members.