Experienced Portland Nursing Home Abuse Lawyer
Portland Nursing Home Abuse Lawyers
Find out why we have some of the best Portland nursing home abuse lawyers
Have You or a Loved One Experienced Abuse in a Nursing Home?
Goldberg & Loren’s experienced nursing home abuse lawyers in Portland, Oregon, understand the pain and suffering that can come from such a traumatic experience, and we are here to help you seek justice.
Contact Goldberg & Loren today to schedule a free consultation and take the first step toward justice.
Nursing home abuse is a troubling issue in Portland, Oregon, where elders are not always receiving the care and respect they should in their later years. It is a distressing issue that affects vulnerable senior citizens residing in nursing homes and long-term care facilities.
Different forms of mistreatment and neglect, such as physical, emotional, sexual, and financial abuse, can cause significant physical and psychological harm, and in some cases, results in death.
Nursing home abuse affects thousands of families each year. In 2020 alone, over 15,000 complaints filed with nursing home ombudsmen were about abuse or neglect. [1]
The Need for a Portland Oregon Nursing Home Abuse Lawyer
Goldberg & Loren lawyers possess specialized knowledge and experience in handling cases involving nursing home abuse, ensuring that victims receive the justice they deserve.
Our nursing home abuse lawyers strive to hold accountable those responsible for abuse.
We will assist you through the legal system and gather evidence to create a strong case against abusers and negligent facilities. We offer support and information to help you navigate your legal options and rights.
Forms of Nursing Home Abuse in Portland Oregon Nursing Homes
Physical Abuse
Physical abuse may result in cuts, bruises, broken bones, and the inappropriate use of physical or medical restraints. Over-medication, particularly with sedatives, can also be a form of physical abuse.
Signs and symptoms of physical abuse may include bruises, burns, scars or unexplained head injuries. These are indicators that an elder may be experiencing physical abuse in a nursing home setting.
Sexual Abuse
It involves non-consensual sexual activity, such as unwanted touching, assault, or even rape. The victims of sexual abuse in nursing homes may be residents who are vulnerable and unable to defend themselves.
Perpetrators of sexual abuse can include staff members, fellow residents, or even visitors to the nursing home. The presence of multiple individuals who have access to residents increases the risk of sexual abuse occurring.
Identifying and reporting sexual abuse in nursing homes can pose a challenge, especially when cognitive impairments or communication difficulties exist. The feelings of shame, fear, and embarrassment linked to sexual abuse can also hinder victims from speaking out.
Emotional Abuse
There are several forms of emotional abuse that can occur in nursing homes. Verbal abuse, such as name-calling or using threatening language, is a common form. Intimidation and threats can make residents feel scared and powerless.
Scolding words or behavior where a resident is treated in a condescending and unkind way, can lead to feelings of anger, or depression.
Financial Abuse
Financial abuse is the theft of money or personal belongings. Caregivers may steal cash, jewelry, or other valuable items from residents. Forgery of signatures is another method used by unscrupulous individuals to gain access to a resident’s funds. Caregivers may forge signatures on checks or legal documents to manipulate a resident’s financial situation.
Unauthorized withdrawals or transfers of funds are also forms of financial abuse. Caregivers may take money from a resident’s bank account without their consent or knowledge.
Identity theft is another deceptive method used by nursing home caregivers to swindle money from elderly patients. Caregivers may obtain personal information such as social security numbers or bank account details to commit fraudulent activities, opening credit cards, or taking out loans in the resident’s name.
Table of Contents
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The Need for Portland Oregon Nursing Home Abuse Lawyers
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Forms of Nursing Home Abuse in Portland Oregon Nursing Homes
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Oregon Nursing Home Laws
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Types of Compensation Available for Portland Nursing Home Abuse Victims
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How Do I File a Claim Against a Nursing Home in Oregon?
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Statute of Limitations in Oregon for Nursing Home Abuse Victims
Neglect and Inadequate Care
Medication errors are a common problem, with staff members administering incorrect dosages or failing to provide medications altogether. This can result in medical complications, and worsening of existing health conditions.
Bedsores, also known as pressure ulcers or decubitus ulcers, are another sign of neglect frequently observed in nursing homes. These painful and preventable wounds occur when residents are not repositioned regularly, leading to excessive pressure on bony areas of the body.
Inadequate hydration is yet another issue, as residents may not receive sufficient fluids to maintain proper bodily functions. This can cause dehydration, which can lead to serious health complications and negatively impact an elderly person’s overall well-being.
The use of physical restraints is a form of neglect and mistreatment that can have severe consequences for nursing home residents. Restraints are meant to be used as a last resort and with proper justification, but in some cases, residents are improperly restrained, leading to physical discomfort, loss of autonomy, and increased risk of injury.
Lack of supervision can result in residents wandering away from the facility, falling without immediate assistance, or experiencing other preventable accidents. Poor hygiene practices may result in discomfort, infection, and a deterioration in health.
Oregon Nursing Home Laws
There are laws in Oregon created just to protect this vulnerable population. These laws outline the responsibilities of nursing homes, establish standards of care, and provide avenues for recourse in case of abuse or negligence.
Some key provisions of Oregon’s nursing home laws include:
- Licensing and Regulations: Nursing homes in Oregon must be licensed and comply with state regulations to operate. These regulations cover staffing requirements, physical facility standards, and safety protocols. [2]
- Resident Rights: Residents of nursing homes have certain fundamental rights, including the right to dignity, privacy, and self-determination. They have the right to be informed about their care, to refuse treatment, and to participate in decisions affecting their well-being.
- Quality of Care: Nursing homes are required to provide appropriate medical care, nutrition, and assistance with activities of daily living.
- Abuse Reporting and Investigation: Nursing homes are required to promptly report any suspected abuse, neglect, or exploitation of residents.
- Staffing Requirements: Oregon’s nursing home laws outline staffing ratios and qualifications for nursing home staff to ensure that residents receive adequate care and supervision. This includes registered nurses, licensed practical nurses, and certified nursing assistants.
- Records and Documentation: Nursing homes are required to maintain accurate and complete records of residents’ care and treatment. These records must be available for review by residents, their families, and authorized regulatory agencies.
- Complaint and Grievance Procedures: The laws provide mechanisms for residents or their representatives to file complaints or grievances regarding their care or treatment. Nursing homes are required to have a process in place to address and resolve these complaints on time.
Types of Compensation Available for Portland Nursing Home Abuse Victims
There are several types of compensation available for Portland nursing home abuse victims. These include:
- Economic Damages: Economic damages cover financial losses suffered as a result of the abuse, such as medical expenses, rehabilitation costs, and lost wages.
- Non-economic Damages: This compensation is awarded for the physical and emotional pain and suffering endured by the victim. It may also include compensation for emotional distress and loss of enjoyment of life.
- Punitive Damages: In cases where the abuse was particularly severe or the nursing home’s actions were especially negligent or malicious, punitive damages may be awarded. These damages are meant to punish the nursing home and deter similar behavior in the future.
- Legal Fees: In some cases, the nursing home may be ordered to pay the victim’s legal fees incurred in pursuing their claim.
- Wrongful Death Damages: If the abuse resulted in the death of a nursing home resident, their surviving family members may be eligible for compensation for funeral and burial expenses, as well as other related expenses.
Call our dedicated personal injury attorney who specializes in nursing home abuse cases to learn about your rights and the potential compensation that may be available to you in your circumstances.
How Do I File a Claim Against a Nursing Home in Oregon?
If you want to file a claim against a nursing home in Oregon, the following steps may be helpful:
- Gather Evidence: Collect any documentation or evidence related to the incident or issue that led you to file a claim. This may include medical records, photographs, witness statements, and any other relevant documentation.
- Consult With an Attorney: Consult with our nursing home abuse attorney to gain support and representation for your claim. Our legal team will offer guidance on the legal process, evaluate the strength of your case, and provide representation throughout the proceedings.
- File a complaint with the Oregon Department of Human Services (DHS): Contact the DHS Aging and People with Disabilities (APD) branch to report your concerns about the nursing home. The APD investigates allegations of abuse, neglect, or exploitation in licensed care facilities. They can be reached at 1-855-503-SAFE (7233).
- File a complaint with the Oregon State Board of Nursing Home Administrators (OSBNHA): If your concern is related to the facility’s administrative practices or the conduct of an administrator, contact the OSBNHA to file a complaint. More information can be found on their website or by calling (971) 673-0685.
- File a Lawsuit: If other avenues do not address your concerns adequately, you may choose to file a lawsuit against the nursing home. Our nursing home injury attorneys will guide you through the process, filing the necessary legal documents and representing your interests.
Statute of Limitations in Oregon for Nursing Home Abuse Victims
In Oregon, the Statute of Limitations for nursing home abuse cases is generally two years. This means that victims of nursing home abuse have two years from the date of the abuse or from the date they discovered or reasonably should have discovered their injury to file a lawsuit against the responsible parties. [3]
However, some exceptions can extend or limit the timeframe for filing a claim. For example, if the victim is mentally incapacitated, under the age of 18, or the abuse was intentionally concealed by the nursing home, the Statute of Limitations may be tolled, or temporarily suspended.
Consult with our personal injury attorneys who specializes in nursing home abuse cases in Portland to understand the specific Statute of Limitations that may apply to your situation and to ensure that your rights are protected.
Have You or a Loved One Experienced Abuse in a Nursing Home in Portland, Oregon?
Goldberg & Loren are the leading experienced personal injury lawyers in Portland. We are dedicated to fighting for justice and holding those responsible accountable. With our expertise and experience, we will provide the support and guidance you need during this difficult time.
Contact Goldberg & Loren today to schedule your free consultation and take the first step towards getting support with your nursing home abuse lawsuit today.
Sources:
[1] Nursing Home Abuse Statistics | Get the Facts You Need. (n.d.). NursingHomeAbuse.org. https://www.nursinghomeabuse.org/nursing-home-abuse/statistics/
[2] Oregon Department of Human Services : Nursing Facility Licensing : Nursing Facility Licensing : State of Oregon. (n.d.). Nursing Facility Licensing : Oregon Department of Human Services. https://www.oregon.gov/odhs/licensing/nursing-facilities/pages/default.aspx
[3] OREGON STATUTES OF LIMITATIONS – GENERALLY. (n.d.-b). Retrieved February 17, 2024, from https://assets.osbplf.org/forms/pdfs/Statutes%20of%20Limitation%20Generally.pdf
Goldberg & Loren Personal Injury Attorneys
6500 S Macadam Ave #300,
Portland, OR 97239
(971) 339-8080
If you or someone you care about has experienced nursing home abuse in Portland, you might be entitled to compensation. Get in touch with us to determine if you have a potential case worth pursuing.
Have Questions About Your Case? Call Us Today:
We Represent Those Who Have Experienced a Nursing Home Injury in the Following Cities and Communities Near Portland, Oregon.
- Beaverton, OR
- Hillsboro, OR
- Vancouver, WA
- Clackamas County, OR
- Clark County, WA
- Columbia County, OR
- Multnomah County, OR
- Skamania County, WA
- Washington County, OR
- Skamania County, WA
- Yamhill County, OR
