Salt Lake City Nursing Home Abuse Lawyer
With Personal Injury Law Offices in Sandy, Utah
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7 Mistakes That Ruin Personal Injury Cases
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Despite the commonly held vision of nursing homes as lonely, “last resort” destinations, they are sometimes the best solution when an aging loved one requires more care and supervision than can realistically be provided at home. Even so, nursing homes are expensive, both financially and emotionally as adult children struggle with payments and the guilt of having no other option. To find that one of these facilities has betrayed your trust and harmed your loved one is devastating.
We are here to help. We offer free legal advice. Call our Salt Lake City nursing home abuse lawyer today.
Don’t worry about needing money upfront to get answers to your claim questions. You can call us any time for a free legal consultation.
The information that follows will give you an overview of nursing home abuse claims. First, we’ll look at the common mistakes we see people make in these claims in Salt Lake City. Then, we’ll share a client story to give you additional insight into a nursing home abuse claim. Be sure to read all the way through. When you’re done, consider taking us up on our offer of free legal advice.
Common Nursing Home Abuse Claim Mistakes
It’s unfortunate that there are numerous ways you can damage your nursing home abuse claim without even realizing it. Be sure not to skip the section below. It may save you from making the same errors.
Blind Trust in the Care Facility
Accepting the possibility that your loved one is being mistreated is stressful and often overwhelming. You may wonder how to be sure their memory of the event is accurate?
You may worry that confronting the staff about a potential issue will “make trouble.” What if the victim is just confused? How can you know for sure before raising the alarm?
The sad truth is, at first, you won’t be sure.
It’s true that dealing with possible nursing home abuse is not as simple as “just” bringing your loved one home or moving them to another facility in a few days’ time. But you know your loved one. If you get the nagging feeling something is wrong, it may very well be.
It’s also important to remember that nursing home abuse may not involve physical abuse. It can take many other forms, as well, including psychological abuse, emotional abuse, financial abuse, sexual abuse, and neglect.
Are they lethargic? Have their emotions seemed to take a sudden turn toward depression? Are they telling you stories of mistreatment, or do they seem to have withdrawn from their favorite activities? Do they appear to be unwashed? Do they have unexplained bruises or bedsores? Pay attention to your loved one’s moods, hygiene, and any changes in mobility level. Really listen to what they say about their experiences at the facility.
Naturally, the more often you can visit your loved one, the clearer the picture will become, and the easier it will be to detect a pattern of abuse. Observe staff at every opportunity and try to be objective. How do they interact with other residents and other staff? Do they always seem patient, or do they seem short-tempered?
Being objective means being open to the possibility that something may be wrong while at the same time trying to put what your loved one is telling you into context. Benefit of the doubt does not mean blind trust.
Failing to Document Incidents
It’s a mistake not to document questionable incidents. If, after time, you find it was an isolated and easily explained incident, you don’t have to worry. If, however, a pattern begins to emerge, the farther back you can provide evidence of the problem, the stronger the claim will be.
Even if you aren’t entirely sure whether your loved one is experiencing abuse, it’s best to document each incident on paper or electronically with a date and time. You might use a notebook, make an electronic note, or email to yourself. Or, you may prefer a voice memo on your phone.
If you are concerned whether any physical abuse or neglect is present, document any evidence (such as bruising or bed sores) with photos or video on your phone in addition to making a note about the incident wherever you keep your documentation. Make sure that no matter whom you address your loved one’s situation with, you keep the original copies of your evidence.
Not Reporting Incidents to the Facility
Raising the issue of potential abuse with nursing home staff can feel daunting. Confrontations of any kind are unpleasant, but in this case, you may worry about the fall out of bringing up such an issue. If a staff member is questioned or reprimanded, you may worry they’ll take it out on your loved one.
The safest course of action is to contact the nursing home’s citizen representative whose responsibility it is to help protect residents’ rights. This person, sometimes called a nursing home ombudsman, may be a volunteer or part of the paid staff.
It is the job of the nursing home ombudsman to resolve patient care issues within a reasonable timeframe without fear of your loved one being mistreated as a result.
Allowing the Insurance Provider to Record Your Statement
Upon filing a nursing home abuse claim, you can expect a call from the facility’s insurance company asking you to provide a recorded statement. The insurance adjuster may tell you that doing this will make your claim go faster. What they won’t tell you is that if you do give a recorded statement, the insurance company is the only one who benefits.
The adjuster is looking for any information that can be gleaned from your statement to deflect the blame away from their client. If they succeed, your claim will be damaged or ruined. Don’t allow the insurance company to compound the injustice against your loved one. Let your Salt Lake City nursing home lawyer handle communications with the insurance company.
Accepting the First Offer from the Insurance Company
When you file a nursing home abuse claim, it’s best to turn to an experienced nursing home abuse lawyer instead of trying to handle the claim by yourself. One reason for this is the first offer from the facility’s insurance company is almost certainly going to be pitifully low.
Many people don’t realize this or are too intimidated to challenge or turn down the first offer. The result is compensation that is abysmal compared to what your nursing home abuse attorney can negotiate on your behalf.
Salt Lake City nursing home abuse lawyer Brad DeBry has experience in claims like these. This prevents insurance companies from taking advantage of you with a lowball offer. In addition, a lawyer’s ability to file a lawsuit if the insurance company refuses to settle sometimes leads to a fair settlement offer to avoid a trial.
Waiting to Hire an Attorney
Whether you wait to find a qualified attorney because you’re hoping to take care of a claim by yourself, or you’re just “stuck in place” and overwhelmed, waiting is a mistake. Evidence can get lost— intentionally or even on purpose. Witnesses may move, change their minds, or, in the case of sick or elderly witnesses, pass away. And of course, the longer you wait to pursue justice, the higher the chance the offending behavior may continue, harming your loved one or other residents.
Give your Salt Lake City nursing home abuse lawyer the best chance to build a strong case for your loved one by getting started as soon as possible.
Hiring the Wrong Lawyer
While hiring “a” lawyer is better than trying to navigate a nursing home claim on your own, it’s only a marginal improvement if you hire the wrong one.
It’s best to remember that lawyers, like doctors, have practice areas. You wouldn’t turn to a psychiatrist to take your tonsils out. Nor should you turn to your friend’s copyright attorney to handle your nursing home abuse claim.
Every practice area within the law has its own knowledge base and set of precedents, regulations, and restrictions. The best lawyer for your claim will be a personal injury trial attorney with experience handling nursing home abuse claims.
Even though it’s possible for a claim of this nature to be settled before reaching the courtroom,
It’s not always the case. Nursing home abuse claims rely on thorough investigation as well as expert testimony in addition to any testimony the victim and other witnesses can provide.
If you hire an attorney who lacks experience at trial or is known for avoiding trial, the insurance company will know your lawyer is likely to accept a low offer without challenge.
If you hire an experienced personal injury trial attorney and the insurance company refuses to make a fair compensation offer, your trial attorney will be ready to take them to court.
Either way, you are far more likely to get your loved one the compensation they deserve when you have a trial lawyer on our case.
Salt Lake City Nursing Home Abuse Client Story
The story that follows is meant to give you additional perspective about your nursing home abuse claim. The names and details have been edited to protect our client’s privacy, but you will find the information helpful just the same. Be sure to read to the end to learn as much as you can.
On a chilly day in October not long ago, Sam Nolan noticed a bruise on his mother’s wrist. He was helping his mother into her cardigan as he prepared to push her to the dining hall in her wheelchair.
“How’d that happen, Mom?” Sam asked as he pushed the chair toward the door to the hallway. Elaine Nolan opened her mouth to say something when a certified nursing assistant (CNA) almost collided with the chair on her way in. Her name tag said “Ellis.”
“Sorry!” Sam said, smiling apologetically, “I’ve got her today.” He thought her response was a bit odd. She simply said, “Sure,” but shot a long look at Eleanor before turning back into the hallway.
Sam proceeded down to the dining hall as Eleanor pulled her sleeve down over her wrist.
Eleanor Nolan had begun to show signs of early dementia at 79. Her long-term recall was great; she’d just begun to forget little day-to-day things.
After his dad passed, Sam had moved Eleanor in with his family. It had worked for eighteen months. He and Nancy both had full time careers, however, and Eleanor eventually reached a point at which regular supervision was necessary.
She was still having solid stretches of lucidity, but she’d randomly forget things that were important to her safety. She often forgot to turn off the stove, and there was the day she walked to the nearby grocery store without telling anyone and forgot how to get back.
Sam and Nancy thought they’d done their very best for Eleanor when they’d placed her with a local nursing home. She had supervision and proper nutrition. Eleanor seemed to take the move in stride, becoming a regular at the card games in the recreation room. She told him she’d made friends.
Until a month ago, she’d also had a roommate named Judith, with whom she got along well.
Judith had left a month ago. Judith was struggling with the onset of Alzheimer’s, and when Eleanor asked why she was leaving, she mysteriously said, “The Witch is trying to get me.”
Eleanor told Sam about it in her room an hour after Judith’s departure. CNA Ellis, who’d come in to give Eleanor her medication, told Sam she got the impression Judith’s family was relocating and moving her near their new home.
Now approaching 82, Eleanor’s memory wasn’t getting any better, but she was still more lucid than not. Sam had noticed, however, that his mom’s naturally sunny disposition had changed. She was growing more and more withdrawn and when Sam visited, he’d often found her alone in her room instead of at the card table with her friends. She’d lost weight, no longer raving about the meals.
Sam was worried, but stumped. He’d asked his mom if anything was wrong, but she’d just looked away.
Now there was a bruise on his mother’s wrist. He hadn’t missed his mother’s failure to answer his question, but decided not to push. He made it a point to be there every day and check on her. Over time, he hoped, she’d either return to her happy self, or she’d open up.
A week later, Eleanor had an angry scrape on her left cheek. It was clean, but still red and slightly puffy, as if it had happened recently. Noting the location of the pin she was wearing, Sam recalled she’d been wearing the same pin yesterday on her favorite sweatshirt.
Sam suspected someone had yanked Eleanor’s sweatshirt over her head roughly when helping her change for bed last night. If they had neglected to remove the pin first, he estimated the scratch it would cause would be right where hers was.
During the course of that visit, he casually pushed his mom’s sleeves up to reveal the bruise, and managed to take a picture of her in her sweater “for the kids,” in which both injuries were clearly visible.
As he put the phone away, the same CNA came in, loudly announcing to Eleanor that it was time to go to dinner. Eleanor again stiffened, unconsciously squeezing Sam’s hand.
“She’s not hard of hearing, Ms. Ellis,” Sam said just sternly enough to get her to look up.
“Excuse me?” The CNA said, immediately defensive.
Sam stood his ground. “My mother’s hearing is fine, no need to yell,” he said. “You may not have known. Aren’t you fairly new here?”
The implication that Ms. Ellis had been too harsh set her on her heels. She wordlessly turned and left the room.
Sam sat beside Eleanor as she ate dinner with her friends. As they chatted, he pulled out his phone and made notes of the individual instances he’d encountered since his mom had been at the home.
There had been some small injuries at the end of the summer, but Sam hadn’t begun to see a pattern yet. He was sure that he didn’t recall any incidents of concern before August, though.
A quick inquiry at the front desk confirmed that Ms. Ellis had begun working at the facility at the end of July, having been transferred from another facility. When Sam had casually enquired as to why, the woman at the desk told him she wasn’t allowed to give out that information.
Sam asked her whom he could talk to about the scratch on his mother’s cheek. The woman, apparently failing to connect Sam’s questions, simply scrawled out a note, taking Sam’s name and phone number. She said, “A nurse will call you back tomorrow, but you probably know that as we age, our skin becomes thinner. Sometimes it’s more prone to scratching and bruising. These things happen.”
Sam left angry and frustrated. “These things happen,” he repeated aloud angrily as he got in his car.
He shared his concerns with Nancy during dinner. Afterward, they went on the computer for more information, and learned that nursing home abuse was, unfortunately, not all that uncommon. They also learned that Sam was right to carefully document every instance of concern, just in case.
The next day a nurse called Sam at 3:45 p.m. about his inquiry. She repeated the, “Seniors have fragile skin” line, and assured him that his mother was receiving adequate care.
As he hung up again frustrated, Sam remembered seeing information about ombudsmen when he and Nancy went online. This person would be the nursing home’s citizen’s representative. This was the person to contact about the problems Eleanor was having. He again called the nursing home and was eventually transferred to voicemail for a Mrs. Stein. Sam left a message requesting she call him as soon as possible.
That evening, Sam returned to the nursing home with Nancy.
After dinner, Nancy helped her mother-in-law change for bed and found two more bruises, both on her legs. Each fading to various shades of dirty yellow, indicating they had happened at different times. When they asked Eleanor about them, she looked away and said, “Just clumsy, I guess.”
The couple left determined to speak to Mrs. Stein the next day. As they drove, they discussed whether they might be able to expedite moving Eleanor to another nursing home.
“Sam, If I’m remembering Eleanor’s contract correctly, we’ll get charged the full 90 days’ notice period if we don’t give the home at least that much notice, and we’d still have to come up with the payment for the new home.”
“Okay, let’s pull up that file tomorrow morning and check out the fine print.”
They didn’t get the chance. At 1:00 a.m., Sam was jolted awake by a phone call. The nursing home’s night nurse told him that his mom had fallen.
Sam froze. “Did she break her hip?” He asked, knowing full well the long-term survival rate for a senior with a broken hip is abysmal.
“Luckily, she hasn’t,” the nurse replied. “She has, however, broken her wrist.”
Sam asked how this could have happened. He thought the home had an excellent ratio of staff-to-patients, especially during the night when patients may need to get up to use the bathroom.
The nurse was apologetic but assured him “procedures were followed.”
“Who was responsible for her tonight? Let me guess, Ms. Ellis.” A stony silence told Sam he’d hit the mark.
Sam spent the rest of the night in the emergency room with his mom, and brought her home for a long weekend visit the next morning. He called us that afternoon as his mom slept. He said his main concerns were what it would cost to hire us, what his mom could expect in compensation, and how long the claim would take.
On Monday, Sam brought his mom to our office for a free legal consultation.
How much does it cost to hire a Salt Lake City nursing home abuse lawyer?
When Sam came in with Eleanor in her wheelchair, she looked small and frail. Her posture was ramrod straight, however, and she had an elegance about her, even with a bulky cast on her forearm. Then she smiled and the whole room got brighter.
“So, before we get too far, my mom here has asked how much it will cost to hire you,” Sam said while his mom nodded.
“I don’t want everyone to fuss over me,” she told us, patting Sam’s hand.
We told them that we work on a contingency fee model, so there was no upfront cost. “We only get paid when we resolve your claim successfully,” the lawyer said.
“Well, that’s good news,” Eleanor exclaimed. Sam smiled. Since taking her out of the facility, Sam noticed Eleanor’s plucky, natural good-nature was quickly returning.
How much is my nursing home abuse claim worth?
“Now, Mom, you know I have to ask what your claim is worth. This is for you, to take care of you,” Sam said.
“It’s going to be difficult to tell you the value of your claim upfront, Mrs. Nolan,” our lawyer cautioned. “First, we need to conduct a thorough investigation of what you’ve experienced at the nursing home. This involves gathering evidence and obtaining your medical records, Eleanor. Not just your records for just the past year, but possibly for that past five to ten years. We need them to establish a baseline for your health at the time you entered the facility.”
“Hardly seems necessary,” Eleanor said. “I’m strong as an ox and twice as smart. But look all you want; I’ve got nothing to hide.”
Everyone laughed, including Eleanor.
“Besides, I don’t want to live in a nursing home. I’ve had my adventure and I’m ready to come home with you,” Eleanor added.
“We want the same thing, Mom. Let’s see what we can figure out,” Sam said, knowing in-home nursing assistance may be just as expensive as a nursing home.
How long will my nursing home abuse claim take?
“Can you tell us how long my mom’s claim might take? We’re probably going to be hit with a huge penalty for pulling her out of the home before January.”
“That’s going to depend on a few things,” our attorney answered. “Claims against nursing homes are a bit of an uphill battle. I’m not saying it’s not worth it, but it may take a while. These cases often go all the way to trial and involve the testimony of numerous expert witnesses.
“While nothing’s certain, on the long end you may be looking at a few years. If we win the case, though, we may be able to include the expense of leaving the nursing home early in Eleanor’s damages.
“Filing a nursing home abuse claim is going to take commitment and patience. It’s definitely more of a marathon than a sprint,” the lawyer said, adding, “Eleanor, how do you feel about that?”
Eleanor replied, “Oh I’m 60 at heart. I’ll be around for a long time.”
Sam laughed again, smiling at his mom. Eleanor’s sister Jean was almost 92. “Longevity does run in the family,” he said. “And I’m very happy with the transformation I’ve seen in Mom’s mood just twenty-four hours after leaving the nursing home.”
“That’s because you rescued me from ‘Nurse Witchy.’ Who do you think Judith was referring to when she left?”
“Now, as I mentioned before Eleanor,” our lawyer said, “A trial is quite possible with a claim like this. So, no matter whom you hire to represent you, we always recommend you hire a personal injury trial attorney.”
Eleanor and Sam were satisfied with the answers they got in the free consultation that day, and retained our firm. Today, we are happy to say that a jury awarded Eleanor more than nine times what the insurance company initially offered— including punitive damages for neglect, sending a clear message about intolerance for elder abuse.
Call Our Salt Lake City Nursing Home Abuse Lawyer Today
We hope the information on this page has provided you with some answers to your nursing home abuse claim questions. Of course, no two cases are the same. We invite you to call us to schedule a free legal consultation to discuss your specific claim. You don’t have to navigate through the complexities of an emotionally-charged nursing home abuse claim alone. Call us and let us help you through.
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