Nursing Home Abuse - FAQ

Below you will find answers to frequently asked questions about nursing home abuse and neglect. If you have a question that is not answered here, please feel free to contact the Illinois, Ohio or Indiana nursing home abuse lawyers at Fleschner, Stark, Tanoos & Newlin today. Together we can work toward erasing nursing home abuse.

1. If I take legal action against the nursing home, will the abuse stop?
   It should. If it is clear from the start who committed the abuse or neglect, the nursing home will probably remove those people on their own. If it is not clear who committed the nursing home abuse, our investigators will attempt to find out. We will push for the abusers to be removed from their positions immediately.

2. How do I get my loved one out of the nursing home?
   If the resident is in danger and you feel you must remove them from the nursing home at once, we suggest contacting a local at-home health service you feel comfortable with. Check your Yellow Pages to find a service or call Fleschner, Stark, Tanoos & Newlin. We can recommend a home health service for you. If you can't afford an at-home service, you might consider hiring a nurse to watch your loved one in the nursing home.

3. What if a resident says the nursing home is abusive, but the resident has dementia or Alzheimer's?
   Listen to the resident. Look for the visible signs (see our Signs of Abuse page). If you see any of the signs of nursing home abuse or neglect, call us. We'll consult with you for free, and, if we believe abuse or neglect has occurred, we'll put our private investigators to work on the case.

4. Can a nursing home evict a resident?
   Residents can only be discharged for the following conditions:

• If they fail to pay rent

• If they pose a danger to other residents

• If they need special medical attention that the home doesn't have

• If their condition improves so they no longer need the home

• Residents cannot be discharged for minor issues like how clean they keep themselves or their room. Residents have the right to appeal any discharge.

5. How much will a Fleschner, Stark, Tanoos & Newlin attorney charge?
   There is no charge for your first visit or telephone call. All your questions will be answered and there is no obligation. We never charge a fee for injury cases unless we obtain a recovery for you. Our fee is a percentage of your recovery.

6. How long will it take to remedy the situation and ensure the safety of my loved one?
   Our first move is always to help you understand your options, so you can get your loved one safe as soon as possible. The total length of time a nursing home abuse or neglect case takes depends on the specific case. In some cases the abuse and neglect are so terrible that the nursing home wants to settle out of court right away. In other cases, the nursing home doesn't feel the abuse and neglect was significant, and they take a longer time to make an acceptable offer. They may wait and let a judge and jury decide the penalty for them. However, in the meantime, we constantly do everything we can to move our clients' cases forward toward settlement.

7. How do courts measure the worth of a nursing home abuse injury?
   The worth of your case depends on many factors, including how the abuse or neglect occurred, what injuries were suffered, future medical problems, the amount of medical expenses, and future medical costs, as well as estimates of pain and suffering. To help determine the worth of a victim's pain and suffering, courts use rulings and awards from previous abuse and neglect cases. We use these same previous rulings and awards, as well as tabulations of monetary loss, to calculate our offer to the nursing home. In the end, however, the monetary value of your case will be determined by either the maximum settlement amount offered by the nursing home, or the maximum amount awarded by a judge and jury if your case goes to court.

Most experts would rate stress as a major factor contributing to abuse and neglect in nursing homes. Nursing home employees are usually paid less than hospital employees and are expected to see more patients in a shorter period of time, which is a very stressful situation. Other contributing factors can be psychological, social or economic problems of the abuser. Each case is different; call Fleschner, Stark, Tanoos & Newlin today to discuss your unique case. The bottom line is none of these factors are excuses for abuse or neglect. We trust nursing homes to take good care of the people that we love. No excuse can replace the pain of seeing a loved one hurt.

Free Consultation!

If you are concerned about a loved one in the nursing home, contact the Illinois, Ohio or Indiana nursing home abuse lawyers at Fleschner, Stark, Tanoos & Newlin. Our office is located in Terre Haute, Indiana, but we have successfully advocated for clients throughout the area, including Columbus, Dayton, and Cincinnati in Ohio; Indianapolis, Fort Wayne, and South Bend in Indiana; and Chicago, Decatur, Springfield and Urbana-Champaign in Illinois. Complete a Free Online Consultation Form or call us toll free at 1-800-618-4878 to contact us today.