Minneapolis Nursing Home Abuse Lawyers
Negligent nursing home providers can leave victims with lifelong injuries and trauma. Unfortunately, many nursing home cases are the result of mistakes made by staff that could have been prevented. Has your loved one suffered abuse or neglect at a nursing home in Minnesota?
The Minneapolis nursing home abuse attorneys at TSR Injury Law are dedicated to protecting residents’ rights and holding nursing homes accountable for abuse and neglect. Our experienced legal team has obtained over $1 billion for our clients over more than 20 years. Partner Nate Bjerke is a member of the American Board of Trial Advocates and the National Trial Lawyers Top 100 Trial Lawyers.
If you suspect your loved one may be a victim of nursing home neglect, contact our law offices today to find out how we may be able to help. Your initial consultation is free and we work on a contingency fee basis, so you will not pay anything out of pocket unless we win compensation.
Call us now at (612) TSR-TIME for more information and to schedule a free review of your claim.
Determining if You Have a Case
This is a complex question because of how many factors are involved in a nursing home abuse case, including:
- Physical and psychological injuries suffered by your loved one
- Mental and physical limitations your loved one suffered from before the abuse
- When abuse occurred
- Evidence available
- Past history of abuse or neglect at the same nursing home
- Whether the facility was understaffed
There are also different regulations depending on the type of facility where your loved one was staying:
- Residential care – These are generally smaller homes that house up to 20 residents. Residents typically do not need medical or nursing care, but personal care is available to residents 24 hours a day.
- Boarding facilities – These are often in neighborhoods and could be run by individuals or businesses.
- Intermediate care homes – Typically, these places do not provide 24/7 skilled nursing care and they house up to about 15 residents.
- Skilled nursing homes – These facilities have medical service professionals 24/7, including therapists and nurses.
We recommend contacting one of our Minneapolis nursing home abuse lawyers for a free consultation to discuss your claim. We can determine if there may be a viable case.
What Types of Compensation Might be Available?
Nursing home abuse can be physically, psychologically and financially devastating for the victim and his or her loved ones. By filing a nursing home abuse claim, you may be able to obtain compensation for these damages, which may include:
- Economic damages – medical expenses for rehabilitation therapy, medication or other medical treatment
- Non-economic damages – compensation for pain and suffering
- Punitive damages – damages to punish the caregiver for malicious abuse or neglect
Why Call a Nursing Home Abuse Lawyer?
Personal injury victims who hire an attorney often recover more compensation than those who do not.
TSR Injury Law’s experienced attorneys have extensive knowledge of the legal process, relevant laws, how to determine the fair value of damages and how to negotiate for fair compensation.
Our lawyers have been representing injury victims for more than 20 years and have recovered $300 million in compensation. If you hire our firm, we can manage the entire legal process from start to finish, protecting your best interests every step of the way.
If you have a case, we can launch a comprehensive investigation, reviewing medical reports, consulting medical experts and obtaining records from the facility.
Free consultation. (612) TSR-TIME
What is the Time Limit for Filing a Nursing Home Abuse Lawsuit?
Many Minnesota personal injury cases are governed by a two-year statute of limitations a lawsuit must be filed within two years of the date of the abuse or neglect. However, every claim is different, so the deadline for your claim could be before or after those two years.
It takes time to build a case, so we encourage you to not delay in contacting our firm for your free, no-obligation legal consultation.
Nursing Home Residents’ Rights in Minnesota
The 1987 Nursing Home Reform Act is a federal law created to protect residents’ rights. Residents’ rights are also protected by the Minnesota Bill of Patient Rights.
These laws declare numerous rights for nursing home residents, such as the right to:
- Freedom from neglect or abuse
- Be treated with courtesy, dignity and respect
- Be informed of their rights during their stay
- Receive appropriate medical care
- Receive appropriate personal care
- Be informed of their treatment plan
- Communicate privately
- Manage their money and personal property
If a patient does not speak English or has other special communication needs, the facility is required to make reasonable accommodations to ensure he or she is aware of these rights.
Our Minneapolis nursing home abuse lawyers may be able to help you pursue compensation if your loved one suffered abuse. We have extensive knowledge of nursing homes residents’ rights.
Schedule a free consultation. Free Case form.
Common Signs of Nursing Home Abuse
Neglect is one of the most common signs of nursing home abuse, but it often goes unreported. This is often because the resident is unable to communicate because of a condition like dementia or Alzheimer’s.
If you have a loved one living at a nursing home, you should learn the signs of abuse and neglect so you can report it:
- Neglect: malnutrition, weight loss, dehydration, sudden weight loss, looking dirty or unkempt, bedsores, wearing inappropriate clothing for the weather, usafe or unclean living conditions
- Emotional abuse – emotional or social withdrawal, or unusual changes in behavior could indicate bullying or verbal abuse by a caregiver
- Financial fraud – unpaid bills and unusual withdrawals from bank accounts when the resident was incapacitated
- Malnutrition– studies have identified many reasons that senior citizens are at risk for malnutrition. Nursing home management can be held accountable if they fail to recognize and respond to problems like:
- Drug side effects causing nausea or loss of appetite
- Depression and other mental conditions that can affect eating habits
- A diet lacking important vitamins and minerals
- Chewing and swallowing difficulties
- Chronic conditions causing poor nutrient absorption
When malnutrition is not treated effectively, the consequences for a person’s health can be severe. A lack of adequate nutrition can:
- Damage a person’s immune system, increasing the risk of illness and infection
- Interfere with cognitive functioning
- Create loss of important fat and muscle tissue
- Physical abuse – fear or uneasiness around caregivers, frequent or serious bruising, broken bones or burns
- Pressure sores – also known as bed sores, these are formed when unconscious or mobility-impaired patients are not shifted into different positions on a regular basis, or when patients’ restraints are not removed or shifted often enough. They can be made worse when a patient sweats or is incontinent.Like burns, bed sores are divided into different stages depending on the depth of the damage done. The stages are:
- Stage 1: Only the outermost layer of skin is affected. At this stage, the sore is only a red patch that does not turn white when pressure is applied.
- Stage 2: The epidermis and possibly the dermis are damaged. The sore may become a painful blister or lesion.
- Stage 3: The damage extends through all layers of skin. This makes it difficult for the pressure ulcer to heal, increasing the chances of infection
- Stage 4: Muscle, tendon, and sometimes even bone tissue is affected. This stage is very painful and has a high risk for infection, blood sepsis, and other severe complications.
- Psychological abuse– can take many forms, some of which are easier to recognize than others. Some of the more common examples of psychological abuse include:
- Forced Isolation
- Degradation or Humiliation
- Verbal Abuse
The consequences of emotional abuse are not always as visible as the problems caused by physical abuse, but that does not make them any less severe. A nursing home resident who has repeatedly been subjected to emotional abuse may show:
- Depression (hopelessness, crying spells, loss of interest in former hobbies)
- Social withdrawal
- Anger, fear, or other signs of agitation
Over time, these symptoms can take a serious toll on the person’s mental and physical well-being.
- Overmedication– as a group, Americans over the age of 65 take a surprising array of prescription medications. Although they only compose about 13% of our country’s population, they take a third of the drugs prescribed every year. Many of them take more than one prescription drug simultaneously, increasing the risk of drug interaction and side effects. Over-medicating and under-medicating patients can each have serious effects on their health and quality of life. Depending on the drug, as well as the individual patient’s overall health, potential consequences of overmedicating can include:
- Difficulty thinking clearly or communicating their thoughts
- Liver damage
- Trips and falls
- Discomfort
- Increased risk of addiction (especially with painkillers and sedatives)
The consequences of under-medicating a problem, on the other hand, can include:
- Unnecessary pain
- Organ damage
- Spread of preventable infections
- Sexual abuse – unexplained bruising around the breasts, rectum, or vaginal/genital areas and blood-stained sheets or clothing. If you know of a nursing home resident who has been showing signs of sexual abuse, you should let your local authorities know so that they can conduct an official investigation. Warning signs to look for include:
- Expression of anger or fear towards nursing home staff
- Bruises on the chest, thighs, or stomach
- Signs of pain when sitting or walking
- Diagnosis of a sexually transmitted disease
- Sudden social withdrawal, depression, or other signs of distress
If your loved one has been abused, a Minneapolis nursing home abuse attorney can inform you of the steps you need to take next. Winning compensation will not only help you cover the medical expenses your loved one may need; it can protect future residents by holding negligent nursing home managers responsible for poor training or hiring practices.
Why Nursing Home Negligence Happens
Some of the most common reasons for abuse include:
- Understaffing
- Inadequate training or experience of caregivers – many nursing homes attempt to draw in new clients by boasting about their medical technology, luxurious facilities, or beautiful décor. However, the most important asset a nursing home can have is a well-trained and caring staff. Without this basic resource, high quality amenities barely matter. Nursing home managers have a very important responsibility to make sure that all their workers are prepared for their jobs. Even if they hire people who have previous experience, they still need to train the new employees in the policies of their particular facility. If they do not, even talented workers may find themselves unsure of what to do in unexpected situations.
- Underpaid caregivers
- Poor security to protect residents from outsiders or visitors to the facility
- Individual issues with staff or other caregivers
- Insufficient supervision
TSR Injury Law is standing by to take your call so you can find out if we can help you. (612) TSR-TIME
How Prevalent Is Theft In Nursing Homes?
Unscrupulous nursing home staff members may cheat or steal from residents for a variety of reasons.
- If they are having an ongoing conflict with one resident, for example, they may act out of a misguided need for “revenge.”
- They may also feel that residents’ poor memories or their own low wages somehow justify their actions.
- Sometimes an employee will befriend a rich resident in hopes of talking the resident into giving them large sums of cash.
Of course, none of these are excuses for exploiting innocent patients.
While dishonest nursing home workers cannot blame anyone but themselves for their actions, they are not always the only responsible parties. In many cases, nursing home management had reason to believe there was theft occurring in their facility, but failed to respond adequately. For example, they may have disciplined guilty employees without contacting the police or taking steps to end the theft.
Liability for Nursing Home Negligence or Abuse
The abuser and the facility could both be held liable for abuse or neglect. The facility could be owned by a company or individuals and they may share liability for your loved one’s damages.
Staff members who could be held liable might include nurses, administrators, assistants and therapists, among others.
Outside parties, including vendors, or visitors to the facility could also be perpetrators of abuse.
Schedule a free consultation today to discuss your situation with a Minneapolis nursing home abuse lawyer.
How Do I Report Nursing Home Abuse or Neglect?
If you do not report abuse or neglect when there is evidence (bruises, broken bones, bedsores, etc.) it may be difficult to prove later.
If you suspect your loved one may be a victim of nursing home neglect or abuse, you should report it to the facility immediately.
If it is an emergency or you fear for your loved one’s safety, call 9-1-1 to report it to local law enforcement. When the police get involved, they will file a report that creates a record of the situation.
You can also file a complaint against the facility by contacting the Minnesota Adult Abuse Reporting Center (MAARC) by calling 844-880-1574 or completing an online form.
We encourage you to contact our legal team today. If you have a case, we are ready to fight to protect your loved one’s rights.
Complete our Free Case Evaluation form today.
How Do I Build a Strong Case?
There are some things family members can do to help their attorney build a strong case:
- Keep a journal of your loved one’s injuries, including the date and time you notice the injury, and any other relevant details – does the wound look fresh or is it healing?
- Take pictures of the wounds and bruises and other visible injuries.
- Take notes on what your loved one remembers about the abuse.
Contact a Minneapolis Nursing Home Abuse Attorney
The licensed attorneys at TSR Injury Law are well-versed in laws protecting nursing home residents, and we are dedicated to helping our clients pursue justice and compensation for their mistreatment and injuries.
We encourage you to contact a qualified Minneapolis nursing home abuse attorney today. We welcome the opportunity to review your case, and your initial consultation is free. We take cases on a contingency basis, so we do not get paid unless we recover compensation on your behalf.
Our office in Bloomington is close to several nursing homes, including Brookdale Edina and York Gardens Senior Living.
We are here to help. Call us at (612) TSR-TIME.