New Haven Nursing Home Abuse Lawyer
When we make the difficult decision to place a loved one in a nursing home or assistive care facility, we expect that they are going to be receiving the highest standard of care. Unfortunately, all too often, staff, nurses, and doctors in these places neglect or outright abuse residents.
If you or a loved one has experienced this form of abuse, contact New Haven nursing home abuse lawyers. Dedicated injury attorneys will listen to you with patience and compassion to form a constructive strategy to obtain the compensation that you deserve.
Nursing Home Abuse Law in Connecticut
Nursing home abuses are varied. It is helpful to separate the types into two categories:
- Intentional Abuse – This occurs when a staff member takes an action that they know will hurt a resident. Examples of this can include withholding medications, physically hitting patients, or verbal abuse. In these instances, the civil torts of assault, battery, or malpractice may apply
- Neglect- More common is the form of abuse present when the staff simply do not provide the level of care that is expected of them. By not paying close enough attention to their patients’ needs, physical and mental harm can occur
Most neglect cases are viewed through the prism of negligence. Negligence as a legal concept requires five elements:
- Duty – In some situations, a person has a duty to protect others. Nursing homes absolutely have a duty to protect their residents
- Breach – A breach of duty occurs when an action is taken that harms the protected party. A lack of action may also satisfy this requirement. Examples can include leaving a resident in bed for so long that they develop bed sores
- Causation – The plaintiff must be able to demonstrate that their injuries were caused by the breach of duty
- Scope – The plaintiff must show that the injuries were foreseeable from the breach of duty
- Damages – The injuries must be physical. Mental injuries can be claimed, but only if physical damages are also present
There is no statue in Connecticut that defines “nursing home abuse.” However, through careful evaluation of your case, New Haven nursing home abuse attorneys can determine which tort does apply and pursue it accordingly.
Statute of Limitations
When considering legal action, one must also consider the Connecticut statute of limitations. This is a defined time limit wherein an injured party must file a complaint at court for the case to be heard.
CT Gen Stat 52-584 states that any action alleging personal injury must be filed within two years of when the injury occurs. This may seem like a long time, but the process of gathering evidence and settling negotiations can last months. It is important for individuals to contact New Haven nursing home abuse attorneys quickly.
How a New Haven Nursing Home Abuse Attorney Can Help
It can take a lot of courage to confront an abuser. Perhaps this is most true for a patient at a nursing home. When someone is supposed to be taking care of you 24 hours a day, but is failing to do so, it can be easy to resign oneself to the status quo. New Haven nursing home abuse lawyers are available to help break that pattern of abuse.
Whether you or a loved one has been the victim of intentional abuse or neglect at a Connecticut nursing home, compassionate New Haven attorneys will fight by your side every step of the way. By diligently collecting evidence and conducting tough negotiations, many cases never need to see a courtroom.
If the case does need to go to court, they will argue before the jury with passion. Do not let yourself be bullied, contact nursing home abuse lawyers in New Haven today.