When most people think about the abuses that happen in Washington DC’s nursing homes, their minds travel to physical or emotional terrors. However, just as prevalent are examples of abuses that affect a resident’s finances.
Because the residents in these facilities must take care of the fiduciary portions of their lives, often while in a fragile state, it can be easy for staff members in nursing homes to take financial advantage of their charges.
Not only are examples of this behavior criminal activities, but they could also lead to a resident pursuing a claim for damages. Because staff members in nursing homes are employees of a company, that company may be liable for many actions of these staff members.
A DC nursing home financial abuse lawyer could help residents and their family members to investigate incidents of financial abuse and to explore their legal options. Call a dedicated nursing home abuse attorney today.
Nursing homes take direct control over many of the financial dealings of their residents. This can include cashing checks for a resident, helping a resident with completing paperwork and even keeping legal documentation such as a will under lock and key.
However, this responsibility creates a great temptation for abuse. Common examples of this abuse can include:
Any of these instances may violate criminal laws in Washington DC. However, to obtain any compensation for their losses, a resident must pursue a separate claim in a Washington DC civil court.
Cases alleging financial abuse are different than those that allege physical harm. Unlike in physical harm claims, financial abuses can be more difficult to detect. Residents who suspect this sort of harm should keep a close eye on bank statements and their living conditions. Be aware of any unexpected withdrawals from accounts or false signatures that may be on paperwork.
People who feel that financial abuse has taken place may pursue an at-fault defendant for damages. But what cause of action can they file in court? One common civil cause of action following financial abuse is fraud. If a plaintiff can provide evidence that a defendant intentionally misled a plaintiff and that this resulted in a financial loss, this may be indicative of fraud.
In other cases, a resident may be able to argue that a Washington DC nursing home simply stole their possessions. If a staff member takes physical property or money out of a resident’s possession, that resident may sue the nursing home for the value of the property.
These cases are controlled by DC’s statute of limitations. According to DC Code §12-301, any case alleging the loss of personal property must be in court within three years of the date of loss. A Washington DC nursing home financial abuse lawyer could help clients and their families to pursue their cases within the applicable time limits.
While physical or emotional abuses in nursing homes are certainly causes for concern, the financial abuses that occur every day are no less serious. A nursing home may have direct access to a resident’s funds and can take them with no one noticing. Even more direct are instances where a staff member directly steals from a resident. Nursing homes take responsibility for everything that happens on their property and may share liability in case of a loss.
A Washington DC nursing home financial abuse lawyer could help residents and their families to pursue cases alleging financial abuses. This can include facilities that forge signatures on legal documents, take unauthorized withdrawals from bank accounts, or allow their staff to steal from patients. Contact an attorney today to discuss your options.
