Nursing Home Abuse & Neglect Lawyers Serving Clients in Cody and All of Wyoming
A Wyoming nursing home neglect attorney can help you pursue just compensation if a loved one is being abused or neglected. Seniors are a vulnerable population who deserve dignity and respect. Unfortunately, negligence and wrongdoing on the part of facilities and caregivers can have heartbreaking consequences for residents and their families.
Burg Simpson has extensive experience advocating for those who have been harmed through no fault of their own, including the elderly. Our firm has been providing compassionate support and skilled representation in personal injury matters for more than 45 years.
We understand the complex and sensitive nature of nursing home abuse and neglect cases. For a FREE and confidential case evaluation, call Burg Simpson at 307-527-7891 today. Our nursing home neglect lawyers serve clients in Cody and all of Wyoming.
Types of Elder Abuse
Statistics indicate that approximately 10% of seniors endure some form of abuse or neglect. Tragically, this number is thought to be higher for residents of nursing homes and other long-term care facilities.
Nursing home abuse and neglect may be perpetrated by any member of a nursing home’s staff, including caregivers, aides, administrative employees, etc. According to the National Council on Aging (NCOA), the most common types of abuse seniors suffer include:
- Physical abuse: Physical pain and/or injury inflicted on a senior.
- Sexual abuse: May range from sexual comments and harassment to unwanted touching to forceable sexual intercourse. Victims may be incapable of consent and/or subjected to threats or physical force.
- Emotional abuse: Generally involves insults, threatening language, intimidation, and harassment that results in psychological distress.
- Confinement: Defined as “restraining or isolating an older adult, other than for medical reasons.”
- Passive neglect: Failure to care for a nursing home resident’s basic needs, including food and drink, clothing, hygiene, and medical requirements.
- Willful deprivation: Similar to passive neglect but involves the intentional denial of basic needs, including food, medical care, assistance with daily tasks, etc.
- Financial exploitation: May include the theft of money and personal items, misuse of a senior’s finances, unauthorized access to accounts, and more.
Nursing home abuse and neglect can take a number of different forms. Sadly, it can be difficult to detect because of seniors’ reluctance to come forward and/or inability to communicate what is happening to them. Family members need to remain vigilant. If you suspect that your loved one is being mistreated, a Wyoming nursing home neglect attorney can investigate and collect evidence on your behalf.
The Warning Signs of Nursing Home Neglect & Abuse
Experts disagree on how often nursing home neglect and abuse go unreported. A recent study suggests that only one out of every 24 cases is actually reported to the authorities.
If your loved one is in a nursing home or assisted living facility, you need to be aware of potential indicators of neglect and mistreatment. According to the NCOA, family members should look for the following warning signs:
- Physical abuse: Signs of physical injury, including bruises, cuts, bone fractures, burns, head injuries, and more.
- Emotional abuse: Unexplained anxiety and depression or changes in behavior, including hypervigilance, withdrawal from daily activities, angry outbursts, etc.
- Financial abuse: Characterized by “sudden changes in financial situations,” including missing money and personal effects, unexplained changes in spending patterns, fraudulent signatures on financial documents, and more.
- Neglect: Residents may develop bedsores and/or exhibit signs of poor grooming and personal hygiene, unexplained weight loss, and worsening health with no obvious cause.
- Sexual abuse: Physical injuries to the genitals and/or restraint marks, changes in behavior, unexplained sexually transmitted infections, etc.
Instances of abuse and neglect are not limited to nursing homes. The CDC identifies several different types of long-term care facilities in the United States, including:
- 30,600 assisted living/residential care communities serving 818,800 residents
- 15,300 nursing homes serving 1.3 million residents
- 11,400 home health agencies serving 3 million patients in a given year
- 5,200 hospices serving 1.5 million patients
- 4,130 adult day services centers with 237,400 participants
The number of long-term care employees saw a significant decline amid the COVID-19 pandemic. While most sectors have returned to pre-pandemic staffing levels, nursing homes are still seeing a severe labor shortage. This increases the risk of neglect and abuse due to issues such as understaffing and inadequate supervision.
What to Do If You Suspect Abuse or Neglect
Nursing home negligence can have dire consequences for residents and families alike. If you suspect your loved one is in danger, you should take the following steps as soon as possible:
- Contact a lawyer immediately. Seeking legal guidance is the best way to understand your rights and options and take appropriate action.
- Get medical attention for your loved one. If your relative is injured or suffering from ill health, either call 911 or take them to the emergency room right away. Talk to the doctors about your loved one’s condition and what may have caused it, as well as their current and future medical needs.
- Secure the evidence. Take photos of conditions at the nursing home and your loved one’s injuries. If possible, interview residents and trusted members of staff. Your attorney can also send a letter requesting that all records be preserved. This step is essential for ensuring that key evidence is not destroyed.
- Relocate the patient. Prioritize getting your loved one the care they need. This may involve moving them to your home for a time and/or finding a new facility. Make sure any nursing homes you consider can meet your relative’s particular needs, whether Medicare or Medicaid is accepted, and how the facility has fared on previous inspections.
- Contact the authorities. Several different organizations may investigate allegations of abuse and neglect. This may include the local police, the Aging Division of the Wyoming Department of Health, and more. Follow each organization’s directions for reporting abuse, and be sure to request a copy.
Hiring an experienced legal team is essential to investigate, gather evidence, and take legal action against a nursing home. We understand nursing home residents are extremely vulnerable. Burg Simpson will fight for the rights of you and your loved ones.
Who Is Liable for Nursing Home Abuse?
Generally speaking, the nursing home facility itself may be held liable for injuries sustained due to neglect or abuse. This is because the nursing home owes its residents a duty of care. If this duty of care is violated (whether due to negligence on the part of the facility itself or due to the actions or inaction of employees such as nurses, nursing assistants, maintenance workers, administrators, etc.), then the nursing home is legally responsible for the subsequent damages.
Examples of negligence for which a nursing home may be held liable include:
- Inadequate staffing
- Negligent hiring practices, such as failure to perform background checks
- Improper or inadequate staff training
- Negligent supervision of employees
- Medication errors
- Delayed response to medical emergencies
- Improper use of restraints
- Failure to maintain the premises
- Inadequate security
- Unsanitary conditions and failure to implement infection control
- Failure to report incidents of abuse and neglect
A Wyoming nursing home neglect attorney can fully explore your right to bring legal action against the nursing home and any other liable parties. Identifying all defendants is crucial for obtaining maximum compensation.
Who Can File a Nursing Home Abuse Lawsuit in Wyoming?
Usually, the injured person is the one who initiates legal proceedings and, if necessary, makes the decision to file a lawsuit. Sometimes, however, the victims of nursing home abuse lack the capacity to exercise their legal rights. In this situation, a loved one may file a lawsuit on behalf of their elderly relative. Similarly, a wrongful death claim must be brought by the personal representative of a deceased individual for the benefit of surviving beneficiaries (usually family members).
What Is the Statute of Limitations for Nursing Home Neglect in Wyoming?
The statute of limitations for personal injury claims in Wyoming is generally 4 years. For wrongful death, the statute of limitations is 2 years from the date of the decedent’s death.
It is critical to know how long you have to take legal action and ensure that you exercise your right to sue within the applicable time limit. Delays may result in the dismissal of your case, depriving you and your family of fair compensation.
Nursing home abuse should be investigated as soon as possible. If you are unsure how to go about preparing your case or filing a lawsuit, you should consult a knowledgeable Wyoming nursing home neglect lawyer without delay.
Why Choose Burg Simpson?
How a Nursing Home Abuse Attorney Can Help
Learning that a loved one is being abused or neglected in a nursing home can leave you feeling shocked, helpless, and angry. It is important to realize that you are not alone.
At Burg Simpson, we understand the unique challenges of nursing home litigation. Our attorneys in Cody have significant clout in Wyoming. This, combined with our national strength, gives us the resources to take on difficult cases while providing clients with the one-on-one attention they deserve.
Our nursing home abuse lawyers can provide assistance with all aspects of your case. This includes:
Collecting Evidence
Strong, compelling evidence is vital for proving that your loved one’s injuries were caused by negligence or wrongdoing. Our team will collect all available evidence, including:
- Medical records
- Eyewitness testimony
- Photos of injuries, conditions at the nursing home, etc.
- Video footage
- Police and investigative reports
- Nursing home policies and records
Hiring Expert Witnesses
We enlist the necessary experts to bolster your case. Expert witnesses can testify as to the standard of care nursing homes owe to their residents, establish the severity of your loved one’s injuries, determine fault, and more.
It is important to note that your initial case evaluation is FREE and you pay nothing out of pocket unless your case is successful. Burg Simpson shoulders the costs so you do not have to worry about paying fees until the matter is resolved.
Evaluating Damages
A Wyoming nursing home neglect attorney will calculate every dollar in damages you are due. The consequences of nursing home abuse can be far-reaching, affecting residents and their families in a multitude of different ways. Our lawyers closely evaluate all of these effects to determine how much your claim may be worth.
You and your loved ones may be entitled to compensation for the following damages:
- Medical expenses (past, present, and future)
- Out-of-pocket costs (such as specialized medical equipment, home-based care, the cost of relocation, etc.)
- Pain and suffering
- Emotional anguish
Wyoming also allows punitive damages in extreme circumstances, such as intentional wrongdoing on the part of the defendant. This additional type of compensation can only be obtained at trial. Our nursing home abuse lawyers can determine whether you have a claim for punitive damages and help you weigh the pros and cons of going to trial.
Negotiating a Fair Settlement
Settlement negotiations should be entrusted to an experienced attorney. Nursing homes and insurance companies are likely to contest allegations of abuse and neglect, which can make it difficult to recover compensation.
Our firm has extensive experience negotiating fair settlements for clients in a wide range of personal injury matters. We are capable advocates who represent your best interests at all times and strive to obtain fair recompense for you and your family.
Taking Your Case to Trial
Most personal injury cases are settled out of court. This includes claims involving nursing home abuse and neglect. However, if a favorable settlement cannot be reached, you need a law firm able to prepare your case for trial and represent you in court.
Burg Simpson is a nationally recognized trial law firm. We can file a lawsuit on your behalf, build a strong case against the nursing home and any other defendants, and pursue an award in your favor.
Contact a Wyoming Nursing Home Neglect Attorney at Burg Simpson Today
If you have a loved one you believe may be experiencing neglect or abuse in a nursing home, one of the nursing home abuse attorneys at Burg Simpson can help. The mistreatment of nursing home residents should never be overlooked.
By taking legal action, you are not just protecting your relative and preserving your family’s rights. Your case may reveal systemic issues with the facility, enabling other families to protect their loved ones from the situation you are facing.
The biggest mistake you can make is to try to handle this complex situation on your own. Get help from a Wyoming nursing home neglect lawyer today by calling our office in Cody at 307-527-7891. Your initial case evaluation is FREE, and you pay nothing until we obtain a favorable outcome on your behalf.
