Every time you or your relative faces abuse in a nursing home, you need to seek legal advice and justice. Your South Dakota nursing home abuse lawyer may not seek payment unless you win your case. This means that you will not have to pay out of pocket for legal representation, and you can be sure that an attorney will only take up your case if it is viable.
A nursing home abuse lawyer is a personal injury attorney specializing in providing legal help for elders who have suffered mental abuse, physical abuse, or neglect while obtaining care in an elder home facility.
A nursing home abuse attorney helps an elderly person get justice and compensation in the case of abuse and neglect while living in nursing home facilities. Elderly citizens in long-term care facilities entirely depend on their caregivers to attend to their needs and well-being. Yet they are sometimes subjected to intentional abuse or neglect causing physical and mental harm.
The attorney will work to prove that:
If you or your loved one in a nursing home shows the following symptoms, seek immediate medical attention and consult with the best nursing home abuse lawyer in South Dakota. The symptoms include:
The above are the usual symptoms of negligence and may result in wrongful death in extreme cases. Other signs to look out for include:
When choosing a South Dakota nursing home abuse attorney, determine their success rate with handling cases similar to yours. Perform a quick google search of the attorney’s name and see if the results surface any accolades or complaints. Also, during the initial consultation, ask a legal professional to provide a track record.
Most lawyers for nursing home abuse in South Dakota and law firms work on a contingency basis for nursing home neglect cases. With a contingency fee, the attorney will take care of the costs of the case, including investigations, filing fees, and expert witnesses, and only recover from the settlement after successful litigation.
The lawyer will likely charge 30% - 45% of the settlement amount. Ensure the contingency fee percentage is precise and agreed in writing with no other hidden fees.
An experienced lawyer for nursing home abuse in South Dakota usually does not charge for the initial consultation. During the initial consultation, the lawyer will listen to the facts of your case and determine its outcome if it goes to trial. It is also a suitable time to ask questions about the lawyer’s qualifications, experience, and reviews.
You should act immediately every time you suspect nursing home neglect or abuse. Nursing home abuse is severe and may result in untimely death. To report abuse, seek out the facility administrator and make a formal complaint concerning what you saw or your suspicion of abuse. Further, request that the director of nursing effectively remove a staff member from active duty until the matter is resolved.
Once you report, the nursing home administrator must report to the state authorities within twenty-four hours at most. Other reporting options include:
Once the report is with the state authorities, they will send personnel to investigate the matter and take action according to state and federal laws if the allegations are true.
Neglect is the intentional or unintentional failure to meet the resident's needs, including food, water, hygiene, clothing, and essential medical care. Any action of nursing home employees that can be deemed inadequate care resulting in physical or psychological abuse to the resident can be considered negligence.
It depends on the sentiments of the residents. Ask the resident if they would be comfortable staying in the home if their grievances are addressed. If it is an extreme case of mistreatment, aggression, or neglecting a resident with delicate medical needs, consider relocating your loved one to a conducive home.