Dear Friend,

Not trying to startle you with the headline of this post, but this actually can happen.  It’s the result of a federal law called ERISA for short.  This law was passed in 1974.  In some instances it allows an insurance company to collect money spent on medical care as the result of another persons neglect.

To learn more about this – download our guide about a specific example or get in touch with our office today to make sure you don’t get caught off guard by an insurance company’s ERISA claim.

Many Nursing Homes are terrible at keeping good records.  In some cases record keeping is not even done in a timely manner at all and at worst falsify the records they do take.

In a case we worked on a nursing home had recorded that they had taken a resident to the bathroom every 2 hours even on days this patient was in the hospital and even the day after she had passed away.

In addition to records kept on medical care, nursing homes MUST record all incidents of injury and report those to the Department of Inspection and Appeals – the org in Iowa responsible for evaluating and inspecting Iowa Nursing Homes.

Residents or family members with Power of Attorney are entitled to many of the records nursing homes keep – within 24 hours of request.

Not enough staff.

Many nursing homes are understaffed which in itself opens a big can of worms.  This puts added pressure on good employees who normally provide adequate care or go above and beyond their duties.  The ramifications of spreading people too thin in nursing homes is that grandma may take a trip to the bathroom by herself because she can’t hold it anymore – the problem is that she is supposed to be supervised and going alone makes it MANY times more likely she could injure herself.

We are Iowa Nursing Home Abuse Lawyers.  If you suspect abuse or neglect download our guide or call us for FREE legal advice about your specific situation.

Hi there,

Thanks for reading, if you have a truly urgent matter and contact us directly to speak with an Iowa Nursing Home Abuse Attorney.   Otherwise this is a short series on what to look for if you suspect nursing home abuse.

Over the years we’ve heard of nearly every problem imaginable, but some happen routinely and can lead to serious injuries.  When looking for a nursing home or if you suspect abuse look out for these issues.

Part 1 Not enough staff.   A federal study revealed 9/10 nursing homes are not staffed as properly as they should be – which means quality of care can suffer.  Under staffing leads to good employees getting over worked and as a result can be less patient and less responsive.

So if grandma needs assistance going to the bathroom, and goes by herself since no one is around, the chances of her falling increase greatly.

Stay tuned for more.

The number 1 most important thing to have when it comes to nursing home abuse is an active and supportive family.  Sadly the physical and mental capacities of the elderly are not the most reliable when it comes to recalling factual information.

I once read an article that states that as people get older their confidence in things pertaining to numbers increases with age, however their ability to make factual and logical conclusions about such things declines in ones golden years.  The article talked specifically about how retired folks are easy prey for financial scams and make money at home pyramid schemes.

In some cases the abused is not even able to articulate that abuse has occurred or the victim is injured. Many times family members are in the spotlight in the courtroom – and how the jury reacts to them whether fair or not can determine the outcome of the case.

Winning an Iowa Nursing Home Abuse Case: Reality

Simply put you can’t expect to win a nursing home abuse case if there is not significant permanent injury – sadly it’s just not enough to find a nursing home guilty of negligence or abuse.  There must be physical proof.

Nursing home cases are very expensive, sometimes it can cost $50,000 or more to try a case.  Most law firms including ours will advance those costs for you if we think you can win a fair settlement after fees and expenses are paid back.  In order to do so it’s common for the injured to have died or suffered significant permanent injuries that resulted in continuous pain and suffering.

The reason it gets expensive is because doctors are brought in to provide medical testimony along with other experts.  Unfortunately due to these high costs sometimes not much is left over for the injured resident or their family.  The worst part is that abuse continues to take place even though it can not be proven in a court of law.  This makes it too risky to pursue a case where damages are not significant enough.

In Iowa only certain kinds of mistreatment are eligible for monetary compensation.  That would include:

Past Medical Expense- an injured person is entitled to be compensated for medical treatment that was the result of nursing home abuse or neglect.   Or if that treatment got paid for by another person, they can be reimbursed.

Future Medical Expense: If it is proven that future treatment will be necessary compensation will be given – this is kind of a long shot.

Loss of body/mind function – while you can file a claim for temporary loss of function, successful Iowa nursing home abuse cases involve permanent loss.

It is also a slim chance that you can win a case based on mental pain or suffering.

To learn more about the ins and outs of how a nursing home abuse case works download our guide or speak to an attorney about nursing home abuse in Iowa.

Like other kinds of cases one might file, there is a time limit that you must file a suit within by.  Under Iowa law you must file a suit within 2 years you from when you were aware an injury took place.  Sometimes there are exceptions to this and these are treated on a case by case basis.

If you have questions you can’t find the answers to yourself then it’s a good idea to get in touch with an Iowa Nursing Home Abuse Attorney.

You can always download our guide which does answer most of the questions people have that pertain to Iowa Nursing Home Abuse.

Sadly if you suspect abuse of the elderly person you take care of, it is up to you to get an investigation started, and if it is found that the nursing home is guilty by either abuse or neglect, then you also have to take action on that.

Unfortunately no one else is available to take action except you.  Not an insurance company, not the nursing home.  When Iowa nursing home abuse is found, you need to immediately ask the Iowa Department of Inspections and Appeals to start an investigation on your behalf.  An Iowa Nursing Home Abuse Attorney can help you file your complaint with the state.