Our Michigan nursing home assault lawyers represent residents who are victims of violent assaults. A skilled nursing care facility is supposed to provide a safe and protective environment for its residents, but unfortunately resident assaults are not uncommon.

An experienced nursing home lawyer at The Buckfire Law Firm will seek justice and compensation for an assaulted resident.  Families of a resident who was the victim of a nursing home assault should contact us immediately to start our investigation of the case.

Types of Michigan Nursing Home Assaults

There are several different types of physical nursing home assaults that cause serious injuries and even deaths to residents.  Many are caused by combative residents and result in resident on resident abuse.  These violent assaults include:

  • Physical assaults, like kicking and punching.
  • Pushing residents down and causing serious fall injuries.
  • Hot liquids, like boiling water or coffee poured on a resident.
  • Throwing objects at a resident.
  • Sexual assaults and rape of a resident.

Who Commits Assaults on Nursing Home Residents?

There are a number of different types of people that commit physical assaults on nursing home residents. These include:

  • Other residents and patients also called resident on resident abuse.
  • Nursing home staff members
  • Visitors to the nursing home
  • Contractors, service people, and other workers in the facility
  • Trespassers and others unlawfully on the nursing home property

A nursing home can be held liable when a resident is assaulted by any of the above-mentioned people. The facility has a legal duty to keep the resident safe from abuse and harm from others, including assaults and physical beatings.

Michigan nursing home assault lawyer

What Are Signs of a Nursing Home Resident Assault?

In many cases, the resident has dementia or some other cognitive condition that prevents them from telling family members or nursing staff about an assault. Many times, the nursing home staff will hide facts about a resident assault from family members, especially when family members live out of state or infrequently visit the nursing home.

In addition, the staff may even try to cover up the resident assault by claiming the resident “fell” or was injured due to the fault of the resident. There are some physical signs that family members can observe that cause concern for an assault, such as:

  • Unexplained scratches and cuts
  • Visible bruising and hematomas
  • Fractures and broken bones
  • Blood on the resident’s bed or clothes
  • Erratic, fearful, and unusual behavior

The most obvious indicator of a resident assault are the statements or complaints of the resident to family members and other visitors.

Many times, especially with a resident suffering from dementia or Alzheimer’s Disease, these complaints may be dismissed as unreliable, not credible, or just a delusional statement from a resident out of touch with reality.

However, these complaints must be taken seriously especially if there are also physical signs of abuse too. It is important to follow up and investigate all complaints of assaults to prevent further harm to the resident and other residents in the same facility.

What To Do if you Suspect a Resident Assault

If you have reason to suspect that your family member was assaulted at a Michigan nursing home, there are several actions you can take immediately, including:

  • Have the resident evaluated by an outside doctor or medical facility.
  • Report the assault to the nursing home staff and administrator.
  • Make a written report detailing the reasons you suspect resident assault.
  • Contact local police to file a criminal complaint or to start an investigation.
  • Request that all surveillance videos in the facility be preserved for viewing.
  • Take photos of the resident to show the signs of physical abuse.
  • Video an interview with the resident describing the assault.

You can also contact the Michigan Department of Licensing and Regulatory Affairs to start a formal investigation of the assault. The agency will send out an investigator to meet the resident, interview staff members, and gather evidence of a resident beating or rape.

Finally, you should promptly call a lawyer specializing in nursing home assault lawsuits. The nursing home team at The Buckfire Law Firm will work tirelessly to gather the necessary evidence to prove and win your case.

Can You Sue a Nursing Home for a Resident Assault?

You could sue a nursing home if a resident suffered injuries from an assault at the facility.  The nursing home has a legal duty to protect its residents and take all necessary measures to prevent physical abuse, including resident assaults.

To win a lawsuit, the evident must show that the nursing home failed to:

  • Properly monitor and supervise the assaulted resident.
  • Properly monitor and supervise other residents, especially those with a known history of combative behavior.
  • Promptly act and intervene when an assault occurs or seems likely to occur.
  • Investigate a potential assault and take actions to prevent additional assaults.
  • Limit access to the facility to visitors and others who might commit assaults.

Our award-winning Michigan nursing home abuse lawyers will fully investigate the case and obtain all necessary evidence needed to prove and win a resident assault lawsuit.

How Much are Michigan Nursing Home Assault Settlements?

The amount of every nursing home assault settlement depends on a number of factors and no two cases are identical. The key factors that determine the settlement amount include the strength of the negligence claim, the severity of the injuries, and the medical bills resulting from the violent assault.

A resident may need to be relocated to a different facility or transferred to a family member’s home and these costs can be claimed in the case.

In the tragic even of a resident death, the surviving family members can file a wrongful death lawsuit.  Wrongful death settlements include compensation for the pain and suffering of the resident from the time of the assault until death, as well as the loss of the companionship by family members resulting from the loss of the loved one.

Contact a Michigan Nursing Home Resident Assault Lawyer

If you suspect or have proof that a nursing home resident was the victim of a physical assault, you should contact The Buckfire Law Firm today. Our award-winning lawyers will start working on your case immediately and will demand justice for the victim and your family.

We charge no fees unless we win a settlement, and we pay all case costs and expenses. It costs no money to start the case and if it is unsuccessful for any reason, you owe us nothing.  We put that in writing for you.

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