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Elder Abuse: Can You Sue a Nursing Home for Wrongful Death, Abuse, or Negligence?
According to statistics, elder abuse occurs in one out of three nursing homes. Often, that abuse is experienced at the hands of staff, but a recent study has also revealed that resident-on-resident abuse occurs frequently as well. One woman, suffocated and strangled to death, is an example of the latter. But just how much ammunition do you or your loved ones have against a nursing home if wrongful death, abuse, or negligence has occurred? The answer to that question may lie in the paperwork.
Roommate Charged with Murder, Nursing Home Never Implicated
Despite alleged documents that stated the deceased’s roommate was a risk to herself and/or others, authorities focused their attention on the resident actually responsible for the 100-year-old woman’s death rather than investigating the facility. Charged with murder and then deemed unfit to stand trial because she suffered from dementia, she was eventually committed to a state hospital. But the nursing home responsible for their care was never implicated, either criminally or otherwise.
The family has attempted to seek criminal charges against the facility, and has even tried to pursue compensation, but all without results. According to the New York Times, this is because the woman’s contract included an arbitration clause that would prevent any disputes, including those involving wrongful death, from ever entering a courtroom.
Arbitration Clauses Are Designed to Hide the Ugly Truth
Arbitration keeps proceedings of a case private; patterns of wrongdoing, including acts of negligence, abuse, and wrongful death are hidden from the public eye. But many families are not aware that arbitration clauses are in the contracts they are signing. In the end, it could determine whether or not the abuse, negligence, or wrongful death of their loved one will ever be made known to those considering the very same home in the future.
After years of fighting and with the help of an attorney, the plaintiff has finally managed to have the case heard in court. Finally, justice may be served and compensation may be received. More importantly, other families may finally hear of the carefully placed clauses that keep them from knowing the truth about the nursing home they may be considering for their loved ones.
Get Help with Your Nursing Home Negligence, Abuse, or Wrongful Death Case
Whether or not an arbitration clause exists, you and your loved ones deserve to be heard, and you deserve fair compensation for the injuries or death sustained at the hands of someone meant to provide care. But facilities will likely try to silence you and will do whatever they can to absolve themselves of guilt. As such, it is advised that you seek out skilled and experienced representation for your nursing home negligence, abuse, or wrongful death case.
The attorneys at Gimbel, Reilly, Guerin & Brown, LLP have more than 40 years of litigation experience. Skilled investigators and committed to protecting your rights and the rights of those you love, we can ensure your case is heard and aggressively represented. Ask how we can help by scheduling a consultation with our experienced Milwaukee personal injury attorneys. Call 414-271-1440 today.
Sources:
http://nytimes.com/2016/02/22/business/dealbook/pivotal-nursing-home-suit-raises-a-simple-question-who-signed-the-contract.html
http://abcnews.go.com/US/story?id=92689
