Oregon Nursing Home Abuse Lawyer

Advocating for Survivors of Elder Sexual Abuse

While the idea of nursing home negligence and abuse is deeply unsettling, the reality is that elderly individuals are often subjected to abuse and negligence in a nursing home facility on a daily basis. Elderly individuals are usually unable to defend themselves and are especially vulnerable. Nursing home facilities and their staff members may take advantage of this. Sexual abuse in nursing homes can be challenging to identify, especially if your loved one has memory or cognitive decline or is nonverbal. These conditions can make it difficult or impossible for them to communicate what’s going on and for their family members to take action.

Elder abuse cases, especially those involving sexual abuse, are both delicate and challenging. These cases are much different than traditional personal injury cases and should be trusted with seasoned, professional counsel provided by a nursing home negligence attorney in Portland and Beaverton. If you have concerns about your loved one’s care in a nursing home or believe they have been the victim of abuse, our law firm can help.

What Is Elder Abuse?

Elder abuse refers to any intentional or negligent act that causes harm or serious risk of harm to an older adult. This can include physical elder abuse, financial abuse, emotional abuse, sexual abuse, exploitation, neglect, and abandonment. Elder abuse is a serious issue that often occurs in environments where older adults are dependent on others for care, such as nursing homes.

What Is Nursing Home Negligence?

Nursing home negligence occurs when the staff or facility fails to provide the standard level of care, resulting in harm or distress to the residents. This can include inadequate medical care, failure to prevent falls, insufficient staffing, unsanitary conditions, and lack of attention to basic needs such as nutrition and hydration. Negligence can lead to severe physical and emotional consequences for the victims.

A few scenarios we’ve seen at Galm Law include:

A dementia patient’s adult child became concerned when she saw that her mother was writing multiple large checks to the spouse of one of the nursing home staff. This is considered abuse because the dementia patient could not make financial choices for herself and was taken advantage of by the staff member
A nursing home patient slipped and fell in the bathroom after calling for help and was not assisted. His care plan indicated he must be checked on every 2 hours, but by the time his adult child found him in the bathroom after falling and sustaining an injury, he had been in there much longer

Nursing home negligence happens far more often than we would like to think, and it can be especially difficult for those who live out of town to monitor their loved one’s well-being while in nursing care. When someone’s needs aren’t met in a nursing home, it can lead to emotional distress, medical issues, and a significant downgrade in their overall quality of life.

How Long Do You Have to File for Nursing Home Abuse?

Before you can file a civil case against a nursing home or staff member, you must ensure that you are still within the allowable period, known as the statute of limitations. In Oregon, the statute of limitations for filing a lawsuit for nursing home abuse or neglect is generally two years from the injury’s date or its discovery. If your case is not filed within those two years, you forfeit the right to pursue a legal claim.

However, these cases have exceptions and complexities, so it’s crucial to consult with an experienced attorney as soon as possible to ensure your rights are protected and that your case is filed within the appropriate timeframe. Meeting with an attorney as soon as you become aware that your loved one has experienced abuse can ensure your case gets filed promptly. It also ensures that the legal team has the time they need to properly evaluate and investigate the case to increase your chances of winning.

What Are the Legal Rights of Someone Who Has Experienced Nursing Home Abuse or Neglect?

Being aware of your legal rights either as a victim of elder abuse or as a family member of someone who has been abused or neglected is an integral part of understanding your case. Victims of nursing home abuse or neglect have several legal rights, including the right to:

Receive proper medical care and attention
Live in a safe and clean environment
Be treated with dignity and respect
File a lawsuit to seek compensation for injuries, pain and suffering, and other damages
Report abuse without fear of retaliation

Families of victims also have the right to take legal action on behalf of their loved ones to ensure justice is served and to prevent further abuse. Victims — or family members filing a lawsuit on their behalf — also have the right to legal representation. Nursing homes have their own legal teams, which makes it critical that you also have an experienced elder abuse attorney who can fight for your interests and hold those who are negligent or directly abusive accountable.

What Is the Process for Filing a Nursing Home Abuse Lawsuit?

Choosing to take legal action isn’t easy, but it’s necessary when the safety and health of someone you love is on the line. At Galm Law, we help victims and their families understand how civil cases involving nursing home abuse work and guide them through the process every step of the way. Filing a nursing home abuse lawsuit involves the following steps.

Consultation With an Attorney

The first step in pursuing a nursing home abuse case is to talk to an experienced attorney. An elder abuse attorney will speak with you about what has happened to evaluate the merits of your case and determine the best course of action. If there is enough evidence that negligence or abuse has occurred to move forward, we can get started on your case right away.

Investigation

The investigation starts once you decide to pursue a legal claim and an attorney agrees that there is enough to qualify for a civil case. The attorney will gather evidence, including medical records, witness statements, and expert opinions, to build a strong case. At Galm Law, attorney Paul C. Galm can also advise clients on how to pursue a criminal complaint against the perpetrator of the abuse. The authorities will conduct their own investigation at that point to determine if there’s enough evidence to press charges.

Filing the Complaint

Your attorney will file a legal complaint against the nursing home and any responsible parties. This will include details of the abuse or neglect and specify the amount of damages you’re seeking. To prove a nursing home abuse case, you need to be able to show that the nursing home had a duty of care to the resident, that the facility breached that duty of care through negligence or direct actions, that those actions caused the plaintiff’s injuries, and that the plaintiff suffered damages. In a nursing home abuse case, you can sue for financial damages, such as bills related to medical care and expenses for injuries, as well as pain and suffering and emotional distress.

Discovery

Discovery is the legal term for the part of the process where the attorneys for both parties present the information they will use in their cases. Both sides will exchange information and evidence through depositions, interrogatories, and document requests. This also includes information such as what witnesses each side plans to call during the case. This ensures that everyone is operating with the same information and gives the attorneys a chance to try to get certain pieces of evidence suppressed in pre-trial hearings.

Settlement Negotiations

Many cases are resolved through settlements before going to trial. Reaching a settlement can benefit both parties. The plaintiff gets to avoid the time, stress, and expense of a trial while still getting compensation for their damages, and the defendant also gets to avoid a trial, which can be especially damaging for a nursing home’s brand and reputation and potentially pay out less money than it might if it lost a trial. Your attorney will negotiate on your behalf to obtain fair compensation.

This is often a lengthy back-and-forth process between the two legal teams. Your attorney will discuss any offers presented by the other side and whether they are a fair reflection of the damages you’ve sustained. It’s important to note that no amount of money can undo the trauma and suffering that happens in nursing home neglect or abuse cases. However, it’s often in the plaintiff’s best interest to settle the case out of court rather than risk getting nothing at the end of the trial.

Trial

Sometimes, negotiations don’t work. The other side may present a low-ball offer and refuse to offer something that is fair, or the plaintiff may not want to settle the case out of court. However, if a settlement is not reached, the case will go to trial. At trial, the legal teams for both sides will have a chance to present evidence to the judge or jury. Civil cases are decided based on a preponderance of evidence. This is a legal phrase that means that something is more likely to have happened than not. If the jury agrees that it is at least 51 percent probable that the defendant was negligent or otherwise perpetrated abuse upon the plaintiff, they must find for the plaintiff and award damages.

Resolution

Once the court issues a verdict, the case is considered resolved. If the plaintiff wins, they will receive compensation for their damages. If the defendant wins, they don’t have to pay any money to the plaintiff. It’s possible for either side to appeal the decision, but most cases are not overturned, and the original verdict stands.

What Should You Do If You Suspect Nursing Home Negligence?

Nursing home abuse can be easy to miss. Seniors are often already dealing with cognitive decline and memory issues, which can create confusion and make it harder to get an accurate representation of the events. However, there are some common signs of nursing home abuse:

Frequent unexplained injuries
Bed sores, which can be an indication of neglect
Poor hygiene, such as dirty clothes or bedding
Frequent urinary tract infections, which can be a sign of dehydration or sexual abuse
Bruising from restraints
Sudden emotional or behavioral changes
Being afraid of a specific staff member or not wanting to be left alone with them
Missing personal items or unexplained charges on a bank statement, both of which could indicate financial abuse
The facility not allowing family members to visit

If you suspect nursing home negligence, take immediate action to protect your loved one.

Document Evidence

Take notes and photographs, and keep records of any signs of abuse or neglect. Document the time and date that the injuries happened or were noticed, as this can sometimes help to show a pattern when a specific staff member is providing care.

Report the Abuse

Contact local authorities, such as Adult Protective Services, and file a complaint with the Oregon Department of Human Services. This provides a paper trail to document the abuse and can start a criminal investigation.

Seek Medical Attention

Ensure your loved one receives necessary medical care and assessments to address any injuries or health concerns. It may be best to have your loved one evaluated by a doctor outside of the facility, if possible.

Consult an Attorney

Reach out to a nursing home abuse attorney to discuss your concerns and explore your legal options. The sooner you get legal advice, the better your chances are for a claim later on.

Finding out that a loved one is experiencing neglect or abuse in a nursing home is devastating, but it’s essential to take action quickly. When you need legal counsel and want to learn more about your options, Galm Law is here to help. Call today at 971-405-6660 to speak to an attorney.