What is a Nursing Home Abuse Attorney?

Article Details
  • Written By: Erin Oxendine
  • Edited By: C. Wilborn
  • Last Modified Date: 13 January 2019
  • Copyright Protected:
    Conjecture Corporation
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Admitting an elder parent or relative to a nursing home can be one of the hardest decisions a family will have to make. When abuse in the nursing home happens to a family member, a nursing home abuse attorney will step in on behalf of the victim’s family to correct the situation or get compensation for the family member. A nursing home attorney specializes in elder care law and the rights of the elderly.

When working with elder abuse law, the attorney has to deal with families who may be emotional and under stress from the victim’s condition. The attorney may sometimes have to smooth over tensions that may arise among family members, and must be able to work confidently with the family. At the initial consultation, the attorney should get a summary of the conditions at the nursing home from the family member who has power of attorney and is responsible for the patient.


The lawyer will most likely then make calls to the nursing home and schedule a visit to check out the circumstances. In order to document allegations of nursing home neglect, the nursing home attorney usually will file motions with the court to obtain the elder patient’s records concerning his or her treatment. If the facility will not readily hand these over, the attorney will have to go to court to plead the case and ask the judge to release the records by issuing an order of the court.

The types of elder abuse a nursing home abuse attorney may need to look out for include bruises and sores, improper dispensing of medication, physical or sexual assault, and medical malpractice. Sometimes the abuse is not always seen right away. The attorney will review the medical records and statements from doctors and employees to determine what type of abuse may have occurred and how long it has been going on. The nursing home abuse attorney can then help the victim’s family to file a complaint to have the court look into the allegation of neglect.

A nursing home abuse attorney plays a very important role in the care of elderly individuals. Many of the elderly people in nursing homes are not able to take care of themselves, are disabled, or have dementia. The lawyer will help the family get adequate care for the patient.

If abuse is determined by the court, the facility or medical provider that is at fault can be held accountable for any improper actions or medical malpractice. The elderly deserve to have competent care and excellent living arrangements. A nursing home abuse attorney that specializes in elder abuse law can help fight for the victim’s rights, and ensure the patient has satisfactory care. Most attorneys understand the sense of relief when a family finally knows that the elderly victim is no longer in danger.



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