Nursing homes and assisted living facilities play an essential role in providing care for our elderly or disabled loved ones who require assistance in their daily lives. But when these facilities fail in their duty to care for our loved ones, our elderly often pay the price.
According to the National Center on Elder Abuse (NCEA), 1 in 10 elderly adults (aged 60 or older) experienced some form of abuse in the last year, and some individuals suffered multiple types of abuse at the same time.
Over 17% of nursing homes in Hawai‘i have reports that their residents have been harmed, and 33% have been found to be not conducive to accident-free living.
If you or a loved one has suffered or is currently suffering abuse at the hands of nursing home or assisted living staff or caregivers, you have legal recourse available. Wayne Parsons Law Office offer no-cost, no-obligation consultations and will take your case on a contingency basis, meaning that you won’t have to pay unless we win your case.
Often, when people discuss nursing home abuse, the topic of neglect is also brought up, and I t’s important to understand the difference, which is:
While some states regard the two as separate issues, Title 11, Chapter 90 of the Hawai‘i Administrative Rules from the Department of Health includes “negligent treatment” in its definition of abuse.
The typical categories of nursing home abuse are:
And, while the most common types of elder abuse, according to the United States Elder Justice Initiative (EJI), are financial exploitation and caregiver neglect, abuse can be any of the following:
Anyone who suffers abuse, no matter their age, will experience lasting effects, sometimes for the rest of their life. These effects range from minor physical injuries to devastating medical issues that may even lead to the death of the abuse victim.
Some common long-term effects include:
In the unfortunate event that your loved one has died due to medication error or insufficient medical attention in their nursing home, you may be able to pursue a medical malpractice lawsuit in addition to your nursing home abuse suit.
The most common reasons that staff at nursing homes resort to abuse or neglect of their residents is due to understaffing, improper training, and staff burnout. The United States as a whole has seen a rise in nursing home abuse since COVID-19 began, and Hawai‘i especially has reported an extreme increase.
It’s important to understand that although abuse may be clear from an outsider’s or visitor’s perspective, the victims of abuse may not be able to speak up for themselves or even acknowledge the abuse due to a variety of reasons.
Those reasons can include:
Due to these or other reasons, victims will often remain silent, and the abuse will continue until the proper authorities are made aware of the situation and changes are made.
It’s up to us to stand up for and protect the vulnerable elders in our community.
If you believe that your loved one is suffering abuse in their nursing home and their life is in immediate danger, contact the authorities, either police or emergency personnel, immediately.
If you suspect abuse, but your loved one’s life is not in immediate danger, reach out to a qualified Hawai‘i nursing home abuse lawyer right away.
You may also choose to file a report with the Hawai‘i Social Services Department (SSD) by calling their adult abuse reporting line at 808-832-5115 or filling out a report form from the Adult Protective Services (APS).
Our law office is happy to help assist you with filing this report, whichever method you choose. We want your loved one to be safe and will fight to ensure that justice is served.
Also, we highly recommend not contacting the nursing home staff or management about suspected abuse, as those responsible may destroy important evidence that could help your case, thus hindering a potential investigation.
Instead, call our office, and we’ll ensure all evidence is gathered to begin the process of pursuing legal action against the negligent party.
Residents of a nursing home have rights, as explained by the Hawai‘i Long-Term Care Ombudsman.
Those rights are:
Residents of a state-licensed assisted living facility also have rights and should be informed of them prior to signing a contract with their chosen facility.
Among the documents provided should be the completed agreement between the resident and the facility, the rates that will be charged, services provided to the resident, and conditions where additional services or fees may arise.
If you or your loved one never received these documents or have questions or concerns regarding any documents you’ve been given, please reach out to our office. We can request copies on your behalf and explain them to you to ensure you understand your rights to proper care as a resident.
We understand how stressful and complicated cases like this can be, and we want you to know that we’re here for you throughout the entire process.
Let us take care of your case and compensation claims while you focus on taking care of your loved one.
In a nursing home abuse case, our office can help you receive compensation for the following:
In the event that your loved one has died due to their abuse, you may also receive compensation for funeral, burial, or other death-related expenses.
Each Hawai‘i nursing home abuse lawyer on our team is compassionate and experienced and will ensure that those responsible for your loved one’s suffering are brought to justice.
Don’t wait; contact our office today for your free consultation.
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