Elder Abuse Class Actions
Recovery for Injuries Caused by Nursing Home Negligence
As the aging population grows, widespread abuse of seniors also increases. The National Center on Elder Abuse (NCEA) reports that up to 10 percent of older adults experience abuse. The problem is likely much worse because, according to NCEA, only one in 14 cases of elder abuse are reported to authorities.
Schneider Wallace Cottrell Konecky LLP is a national litigation firm that represents elder abuse victims. Our lawyers have more than two decades of experience helping injured clients recover damages against negligent corporations. Elder abuse claims are primarily governed by state law, but often involve regional corporations with facilities in several states, thereby complicating the claims. From our offices in California, Texas, and Puerto Rico, and in partnership with local firms, our lawyers lead class action lawsuits in jurisdictions throughout the country.
Bringing an Elder Abuse Class Action Claim
Elder abuse is rarely isolated. One incident can be a sign of multiple acts of abuse and a systemic pattern of neglect. In addition, because of substantial mergers and the proliferation of health care conglomerates, multiple jurisdictions may have authority to hear an abuse claim against a long-term care facility.
Elder abuse claims are often suitable for class actions, brought by the residents either against a single facility or, more often, against a national corporate organization responsible for operating multiple facilities.
Proving Nursing Home Abuse
No one would refute that nursing home abuse is wrong. However, proving the abuse and damages is challenging. Nursing home staff members are often unwilling to cooperate and the residents may be unable or reluctant to come forward with information.
Nursing home abuse may take several forms:
- Physical abuse includes unexplained bruises, broken bones, head injuries and other bodily injuries.
- Neglect occurs when a resident is not given adequate care, resulting in repeated falls, poor hygiene, bedsores, untreated infections and undiagnosed medical conditions.
- Financial exploitation involves fraud related to patient billing, Medicaid billing, trusts and wills, undue influence, or the taking of a senior’s assets or money.
- Psychological abuse includes any verbal or physical action that inflicts emotional pain, anguish, humiliation or intimidation on the elderly resident.
- Improper restraint may involve strapping the person to the bed or overmedicating the person to hinder mobility and independence.
File a Class Action Lawsuit Against a Negligent Nursing Facility
By filing claim against a nursing facility for abuse or neglect, Schneider Wallace helps stop the abuse of other residents while helping clients recover damages. Our national law firm often files class action lawsuits against corporate chains of nursing facilities with homes located in multiple jurisdictions.