If you suspect your loved one’s nursing home is abusing them, you might be able to sue for damages. These cases are complex, as facilities often deny wrongdoing, evidence can be hard to gather, and you might only have three years to file. An attorney can help you investigate, build a case, and pursue compensation for medical bills, pain and suffering, and other things.
When families make the difficult decision to place a loved one in a nursing home, they trust the facility to provide quality care and compassion. When nursing homes fail to meet these expectations, serious abuse or neglect can go undetected for too long.
At Gilbert Law Firm in Spokane, Washington, headed by Bill Gilbert, we know the profound trust families place in these facilities and the heartbreak you feel when your loved one doesn’t receive the care you intended for them.
With years of experience handling nursing home abuse cases in Spokane, our firm is dedicated to protecting your loved one’s rights and holding negligent nursing homes accountable for their actions.
What is Nursing Home Abuse?
Nursing home abuse can take many forms. Recognizing the warning signs is the first step in protecting your loved one. Here are some common red flags:
- Physical abuse: Unexplained bruises, cuts, burns, or broken bones.
- Emotional abuse: Sudden withdrawal, fearfulness, anxiety, or depression.
- Neglect: Dehydration, malnutrition, bedsores, or unsanitary living conditions.
- Financial abuse: Unusual bank withdrawals, forged signatures, or missing personal belongings.
What About Abuse in Assisted Living Facilities?
If your loved one is in an assisted living facility, they have the same core legal protections as someone in a nursing home.
The key difference between these two places is the level of care each is licensed to provide, which matters legally because if an assisted living facility retained a resident who required skilled nursing care and harm resulted, that failure to arrange a transfer to a nursing home may itself constitute neglect or abuse.
The Long-Term Care Resident Rights Act outlines that your loved one has the right to dignified care free of abuse and restraint and the right to file complaints without retaliation.
Why You Need a Lawyer for Nursing Home Abuse Cases in Spokane
Hiring a Washington personal injury attorney is essential when addressing nursing home abuse. Here’s how legal representation can make a difference:
They Understand Washington’s Nursing Home Laws
Nursing home abuse cases involve both state and federal regulations, including RCW 74.34.200, which gives vulnerable adults and their families the right to file a civil lawsuit for damages against a nursing home, its employees, or its corporate owners.
A successful claim under this statute can result in recovery of actual damages, pain and suffering, loss of property, and attorney’s fees and litigation costs. An attorney can interpret these laws, determine if standards of care were violated, and apply them to your case.
Experts at Gathering Evidence
Building a strong case requires comprehensive evidence. An attorney can help collect:
- Medical records and care logs
- Witness statements from staff, other residents, or visitors
- Staff schedules and incident reports
- Facility inspection records and state survey reports
- Surveillance footage (if available)
Attorneys are skilled at uncovering patterns of abuse or neglect that might not be immediately apparent, especially in cases involving emotional harm or chemical restraint overuse.
Advocate for Your Loved One’s Rights
An attorney will ensure your loved one is safe and their rights are upheld. If the Spokane nursing home denies allegations or tries to cover up abuse, your lawyer will have the tools and experience to push back effectively.
4. Pursue Compensation
Nursing home abuse can lead to lasting physical and emotional harm. Your loved one may require medical treatment, therapy, or other resources. An attorney can help you pursue compensation for:
- Medical bills
- Pain and suffering
- Relocation costs
- Loss of dignity and quality of life
- Attorney’s fees and litigation costs
Legal Challenges in Spokane Nursing Home Abuse Cases
Pursuing accountability in nursing home abuse cases often comes with unique challenges. Families navigating these cases may encounter:
- Denial by the nursing home: Facilities may deny allegations or refuse to take responsibility for abuse or neglect.
- Limited evidence: Subtle forms of abuse, such as emotional or psychological harm, can be challenging to prove without detailed documentation or witness testimony.
- Time constraints: In Washington, the statute of limitations for personal injury claims is three years.
These hurdles can complicate efforts to address abuse or neglect and make thorough investigations essential for strong legal support.
How Are Nursing Home Abuse Claims Investigated in Washington?
When concerns about nursing home abuse arise, thorough investigations are a key part of the process. This typically involves:
- Getting witness statements from staff members, other residents, or family members.
- Tracking down relevant records, such as medical records, incident reports, and staff schedules, can help identify patterns of care or neglect.
- A consultation with medical professionals, such as a geriatric care provider who is qualified to assess the extent of your loved one’s injuries and provide an official report to support your claims of abuse or neglect.
What to Do If You Suspect Nursing Home Abuse in Spokane
If you believe a loved one is being abused or neglected at a Spokane-area nursing home, here are the key steps to take:
Step 1: Document Everything
You need to take photographs of injuries, write down dates, and note any changes you saw in your loved one’s behavior. It would also be in your best interest to keep records of anything unusual like unexplained charges or missing belongings.
Step 2: Report the Abuse
You can report concerns to nursing home management and to Adult Protective Services (APS), Washington State Long-Term Care Ombudsman, or the DSHS Residential Care Services office to initiate an official review.
Step 3: Ensure Your Loved One’s Immediate Safety
Most families feel it’s safer to just relocate their loved one to another facility or temporary care setting while the situation is being investigated to avoid discrimination while they’re still in the care of the facility under investigation.
Step 4: Contact a Nursing Home Abuse Attorney
Legal action needs to be quick to preserve evidence and protect your loved one’s rights. The sooner you contact an attorney, the better positioned your family will be to pursue justice.
Contact Our Nursing Home Abuse Attorneys at Gilbert Law Firm Today
Reporting abuse to Adult Protective Services is only the start. Legal action often requires swift measures to secure evidence and protect your loved one’s rights.
At Gilbert Law Firm, our attorneys are committed to holding negligent nursing homes accountable. Contact us today at (509) 321-0750 or schedule a free consultation online.
Frequently Asked Questions About Nursing Home Abuse in Spokane, Washington
What qualifies as a ‘vulnerable adult’ under Washington law?
Under RCW 74.34.020, a vulnerable adult is someone 60 or older who cannot care for themselves, a person with a developmental disability, or anyone living in a licensed care facility like a nursing home or assisted living center.
How long do I have to file a nursing home abuse claim in Washington?
Generally, Washington’s statute of limitations gives you three years from the date of the injury or the date you found out about the abuse to file a personal injury claim.
Can I sue a nursing home in Spokane even if my loved one cannot testify?
Yes, it’s very common for these cases to involve residents with cognitive impairments or who are unable to speak for themselves. An experienced attorney knows how to build a case using medical records, facility documents, expert testimony, and witness accounts.
Should I report nursing home abuse to Adult Protective Services or call a lawyer first?
You should do both, and ideally at the same time. Reporting to Washington Adult Protective Services or DSHS is important to protect your loved one immediately. Then, a nursing home abuse attorney can take steps to preserve any evidence you have and protect legal rights that APS cannot.
What if the nursing home denies wrongdoing?
Naturally, they often claim that injuries occurred from falls and that behavioral changes are medical in nature. They also rarely admit that their staff didn’t follow the protocols. That’s why you need an attorney who knows how to go about investigating these claims and work with medical experts to counter these denials.
Does my loved one still have to be in the facility to file a claim?
No. You can file a claim whether your loved one is still at the facility, has relocated, or has since passed away.
Does what happened to my loved one count as ‘neglect’ under Washington law?
Washington law defines neglect as a pattern of conduct (or inaction) by someone with a duty of care that fails to maintain a vulnerable adult’s physical or mental health or does something dangerous enough to compromise their health or safety. Some examples could be dehydration or repeated falls and ‘forgetting’ to provide prescribed medications.
