As the average life expectancy of the population increases year after year and more “baby boomers” are aging into their senior years, more older Americans than ever before are receiving care in nursing homes.
Yet, while many dedicated professionals work at these facilities care deeply about their patients, the increase in the number of Americans in nursing homes has sadly resulted in a greater number of elder abuse and neglect cases.
There may come a time when your elderly loved one is not able to speak up or advocate for themselves. If and when this happens, how do you help get them out of their situation and hold the negligent nursing home accountable for the trauma that your parent experienced?
Filing a Lawsuit
If the abused person is still alive, then they may file a claim on their own accord, with the assistance of an elder abuse attorney who can guide you and your parent through this process and answer all your questions along the way. If the patient is physically unable to do this on their own, their power of attorney would step in to act on their behalf.
If the abused or neglected person is not alive, then the primary person who would file the lawsuit is their spouse. If their spouse is not living, the children of the victim would then file the claim.
It is common for children of abused or neglected elders to bring a claim against the nursing home on their parent’s behalf, most often if there is a wrongful death claim associated with the lawsuit. If the suit is brought forth by all the children of the victim, each person would have a portion of the settlement.
Helping Your Family Pursue Justice
As soon as you suspect that your elderly loved one is being abused or neglected at their nursing home, it is crucial that you speak with an experienced nursing home abuse attorney who can help you understand your rights.
Our founding attorney, Rob Kornfeld, is dedicated to fighting for justice in the face of abuse, negligence, or other wrongful acts. We believe holding responsible parties and institutions accountable for allowing such acts to occur. Our legal team is here to fight for you and your family during these trying times.
Contact Kornfeld Law at to get started on your elder abuse case. We offer free, no-obligation consultations. If you are unable to come into our office, Attorney Rob Kornfeld is more than willing to discuss your case at the hospital, your home, or over the phone.