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Frequently Asked Questions about Nursing Home Abuse
Below are some frequently asked questions about nursing home abuse and nursing home neglect. For more information about this topic, please visit the Nursing Home subsection under “ Practice Areas.”
What is nursing home abuse or neglect?
Some examples of nursing home neglect include:
- Failure to assist in personal hygiene
- Failure to provide appropriate food, clothing and shelter
- Failure to provide appropriate medical care
- Failure to prevent or treat malnutrition and dehydration
- Failure to prevent falls
Some examples of nursing home abuse include:
- Development of bed sores and ulcers
- Excessive and/or rapid weight loss
- Broken bones and/or unexplained falls
- Open wounds, cuts, bruises, or welts
- Unexplained or unexpected death
- Injuries resulting from restraint or lack of restraint
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Is Certification Required?
In order to determine whether you have a claim for nursing home abuse or neglect, a nursing home expert must carefully review the care in question to determine whether the person received inappropriate care and whether the inappropriate care caused the person to suffer substantial injuries. At Bachus & Schanker, LLC, after an initial review by our experienced nursing home neglect and abuse lawyers, we will have board certified and objective nursing home experts conduct a complete review of the circumstance in cases we believe may have merit. If a nursing home expert certifies that the patient received substandard care, a claim may be pursued against those who provided the inappropriate, negligent and abusive care to the person.
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What can I recover?
If you or a loved one has been injured as a result of nursing home abuse or neglect you may be entitled to recover 1) economic damages, which include compensation for past and future medical expenses, past and future wage loss, impairment of earning capacity, and other out-of-pocket expenses; 2) non-economic damages, which include inconvenience, loss of quality of life, emotional distress, pain and suffering; and 3) physical impairment and disfigurement, which may include compensation for scars or physical disability as a result of the injuries you sustained in the accident.
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Do I have to pay back my health insurance?
If your health insurance has paid for medical treatment that you were forced to obtain as a result of nursing home abuse or negligence, your health insurance company may have a right of subrogation or reimbursement. What this means is that if your health insurance pays for medical expenses you incurred as a result of someone else’s negligent conduct, your health insurance company may have a right to get paid back for those expenses either from the at-fault party’s insurance carrier or from you out of any settlement you receive from the at-fault party. Before accepting any settlement from an at-fault driver or their insurance company, it is very important for one of the experienced attorneys at Bachus & Schanker, LLC to closely examine your health insurance policy to determine the extent to which your health insurance company has a right to get repaid.
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