Minnesota Nursing Home Abuse Lawyers

Know the Important Rights Nursing Home Patients Have

Nursing homes and assisted living facilities have legal obligations to protect the rights of patients. Indeed, nursing home residents have important legal rights under both federal law, such as 1987 Nursing Home Reform Act, and state law, including the Minnesota Health Care Bill of Rights. Specifically, some of the most important legal rights include:

• The right to live in a safe environment, free from abuse, exploitation and discrimination;
• The right to have full information regarding their living arrangements;
• The right to reasonably participate in health care decision making;
• The right to complain about the facility without worrying about facing punishment;
• The right to privacy, lifestyle choices and visitation time; and
• The right to overall dignity and respect.

To prevent your loved one from becoming a victim of nursing home abuse and neglect, it is imperative that you know the common warning signs of nursing home abuse and neglect. Whenever you visit with or communicate with your loved one, you should always keep a close eye out for the following:

• Untreated medical conditions, such as cuts, wounds and sores;
• Unacceptably dirty clothing or bed sheets;
• Bruises, abrasions or other injuries;
• Signs or smells of poor hygiene;
• Sudden and unexplained weight loss;
• Sexually transmitted diseases or infections;
• Changes in behavior, including fearfulness or withdrawal;
• Any other strange personal behavior;
• Unusual or unexplained financial transactions;
• Problems with staff members;
• Disorganization within the facility;
• Direct complaints from your loved one; and
• Anything else that makes you feel ‘anxious’ or ‘uneasy’.

It is important to note that some of the warnings signs of abuse are consistent with other underlying medical problems. The most important thing you need to remember is that you should always follow up on any potential problems. By addressing things thoroughly and quickly, you can be sure that you have provided the best possible environment for your vulnerable family member.

Because of Minnesota elder abuse, elderly residents can suffer devastating injuries. Given their age, many residents cannot bounce back as quickly as they used to. An injury that might be relatively minor for a younger person could present life-threatening complications for an elderly loved one. Many abused or neglected residents suffer:

• Infections
• Soft-tissue injuries, such as sprains or strains
• Nerve damage
• Broken bones
• Sores
• Traumatic brain injuries
• Spinal cord injuries

Emotional distress is also common, with some abused residents suffering the effects of post-traumatic stress disorder (PTSD). Abused or neglected seniors might begin withdrawing from family and friends or begin acting like children.

Many residents are already struggling with illnesses, and any abuse or neglect might cause them to falter much faster than they normally would. By speaking up on behalf of your loved ones, you can increase the chances that they will be able to recover from their injuries with the help of a Minnesota elder abuse attorney.

If you suspect your loved one is currently being mistreated in a Minnesota nursing home, you need to take immediate action. Nursing home neglect is difficult to catch, but if you have suspicions or if your loved one is making complaints, you need to follow up on the issue.

One thing you can do is show up to the nursing home at unusual hours. For example, if you always visit on a Saturday morning, show up on a Tuesday or Wednesday evening. The nursing home might have adequate staff when you visit, or they might bathe your loved one in anticipating of your visit. By showing up at unusual times, you might catch nursing home staff being abusive or neglectful, simply because they are not expecting you.

If you need assistance, a compassionate Minneapolis nursing home abuse attorney can help you take action to ensure that your loved one is being properly protected. Concerns of ongoing abuse should be reported to the Minnesota Adult Abuse Reporting Center. Though, in cases where there is a medical emergency, you may need to call 911 for immediate assistance. The state of Minnesota provides services that can help you get your vulnerable family member medical treatment and into a temporary location that is safe. From there, your attorney will be able to assess the legal issues and determine exactly what needs to be done to hold the negligent assisted living facility responsible for your loved one’s damages.

If you or a family member has been a victim of nursing home abuse in Minnesota, you need to take legal action. Our team can help you seek compensation for your damages. Depending on the specific circumstances of your claim, we may be able to assist you in obtaining financial relief for:

• Incidental economic damages;
• Any medical expenses related to the abuse or neglect;
• Pain and suffering;
• Mental distress;
• Wrongful death damages; and
• Punitive damages.

No two cases are the same, so it is difficult to say ahead of time how much compensation is available. Often, a good attorney can make the difference between receiving a paltry settlement and one that fully compensates your loved one for the abuse or neglect that they have suffered. Schedule a consultation with a Minnesota nursing home abuse attorney who can review the circumstances and offer an individualized case assessment.

To hold the nursing home accountable, you will need to build a strong case using the evidence available. Many of our clients have elderly relatives who lack the capacity to testify about what happened, which only makes the gathering of evidence that much more challenging.

At Kosieradzki Smith Law Firm, we begin building a case against the nursing home immediately. The sooner you act, the more likely your chances of finding the evidence you need to hold the nursing home accountable. Depending on the circumstances, we can:

• Review your loved one’s medical records
• Visit the nursing home
• Interview nursing home staff
• Request secret reports or records about the state of the nursing home

You should avoid delay. Minnesota law only gives injured residents a certain amount of time to bring a lawsuit against a neglectful or abusive nursing home. If you wait too long, you may lose your chance to receive compensation from the people responsible for injuring your loved one.