Top-Rated Omaha Nursing Home Abuse Lawyers

Putting someone you love in a nursing home is one of the most difficult decisions you’ll ever make. You’re trusting strangers with your parent, grandparent, or spouse, hoping they’ll be safe, comfortable, and treated with dignity. But what happens when that trust is broken?

In October 2024, three employees at an Omaha adult care home were charged with abuse of a vulnerable adult after 44-year-old Zachary Hunter died at a facility near 63rd and Whitmore streets. Despite days of severe symptoms, including extreme abdominal pain, vomiting, and screaming in distress, the staff failed to seek medical attention.

Too many families in Omaha discover too late that their loved one has been neglected or worse. Perhaps it’s unexplained bruises, sudden weight loss, or a personality change that doesn’t quite add up. If you suspect your loved one has been abused or neglected in an Omaha nursing home, we can help. Our legal team can investigate what happened and hold the facility accountable.

Types of Abuse in Omaha Nursing Homes

1. Physical Abuse: Physical abuse involves using force that causes harm to a resident’s body. This can include hitting, slapping, pushing, shaking, or the inappropriate use of physical restraints.
2. Emotional or Psychological Abuse: This form of abuse targets a resident’s mental and emotional well-being. It includes yelling, name-calling, threatening, humiliating residents in front of others, or deliberately isolating them from family and friends. Over time, it can lead to depression, anxiety, withdrawal, and a noticeable personality change.
3. Sexual Abuse: Sexual abuse comprises any form of non-consensual sexual contact, ranging from unwanted touching to sexual assault. Residents with cognitive impairments like dementia or Alzheimer’s disease are particularly vulnerable because they may not understand what’s happening or may struggle to communicate the abuse to others.
4. Financial Exploitation: Financial exploitation occurs when someone takes advantage of a resident’s trust or vulnerability to steal their money or property. This might involve forging signatures on checks, coercing residents into changing their wills, using their credit cards without authorization, or convincing them to hand over financial control.
5. Neglect: Neglect happens when staff fail to provide the basic care that residents need to stay healthy and safe. This includes withholding adequate food, water, or medication, failing to assist with personal hygiene, or ignoring medical needs. Neglect can lead to serious health problems like bedsores, infections, and malnutrition.

Signs Your Loved One May Be Experiencing Abuse

Watch for these warning signs when you visit:

• Physical Signs: Unexplained bruises, cuts, or burns, bedsores, sudden weight loss, poor hygiene or dirty clothes, broken bones, signs of too much or too little medication.
• Behavioral Changes: Pulling away from activities they used to enjoy, fear or anxiety, especially around certain staff, not wanting to talk openly, sudden mood changes, depression, refusing visits, or seeming scared.
• Environmental Red Flags: Dirty living areas, foul odors, insufficient staff, no supervision of residents in common areas, call buttons out of reach, and unsafe room conditions.

Nebraska Laws Protecting Nursing Home Residents

According to the Nursing Home Reform Act and state law, nursing home residents are guaranteed specific rights, including:

• The right to dignity and respect
• The right to be free from abuse and neglect
• The right to be free from discrimination
• The right to participate in activities
• The right to be free from restraints
• The right to privacy, property, and proper living arrangements
• The right to receive adequate medical care
• The right to file complaints
• The right to receive visitors
• The right to social services
• The right to notify their family or doctor in case of any injuries or declines in health
• The right to manage their own finances or choose someone to help
• The right to participate in social, religious, and community activities
• The right to leave the nursing home

Facilities must post these rights in a visible location and also provide a copy to each resident upon admission.

Consequences for Nursing Homes That Allow Abuse

If the nursing home falls short of these standards or allows any residents to experience abuse, it can face serious consequences. For instance, Omaha Nursing and Rehabilitation Center has received multiple fines exceeding $170,000 since 2021 for safety violations, inadequate ulcer care, and medication errors.

Also, the Nebraska Department of Health and Human Services can take several actions:

• The facility may be fined for violations of state regulations.
• Staff members who commit abuse can face criminal charges.
• In severe cases, the state can suspend or revoke the nursing home’s license.
• The state can also deny license renewals for facilities with serious violations.
• Families can file civil lawsuits against facilities for abuse and neglect. File a formal complaint with the nursing home’s administration and obtain their written response.

What to Do if You Suspect Your Loved One Is Being Abused in a Nursing Home

If you think your loved one is being abused, act quickly to protect them.

• Document everything you see.

Take photos of any injuries, dirty conditions, or unsafe areas. Write down what you see, including the dates and times. Also, talk with the nursing home staff and take notes of your conversations.

• Report to the facility’s administration.

File a formal complaint with the nursing home’s administration and obtain their written response. Be sure to keep copies of all correspondence. This creates an official record you may use to file claims.

• Contact Nebraska Adult Protective Services.

Report the abuse to state authorities. You can reach Adult Protective Services through the Nebraska Department of Health and Human Services. They’ll investigate and can take steps to protect your loved one.

• Seek medical attention.

Take the nursing home abuse victim to a doctor who doesn’t work for the nursing home for a thorough examination.  Some facilities in Omaha include:

1. Methodist Hospital
2. Creighton University Medical Center – Bergan Mercy
3. Omaha VA Medical Center

• Preserve evidence.

Keep all paperwork about their care. Carefully keep all medical records, the doctor’s prognosis, bills, and letters from the facility. Keep any physical evidence, like dirty clothing.

• Contact an attorney.

Talk to a nursing home abuse lawyer who can review your situation and help you navigate the legal implications. At Mueller, Schmidt, Mulholland & Cooling, we offer a free consultation to help you understand if you have a case and how best to handle it.

What Compensation Is Available in Omaha Nursing Home Abuse Cases?

If you or a loved one was abused or neglected in a nursing home, you may be entitled to compensation. However, what you can recover depends on your specific case:

• Medical Expenses: Hospital bills, surgery costs, medications, and ongoing care can be recovered, along with any future treatment costs necessitated by the abuse.
• Pain and Suffering: Compensation addresses the physical pain endured by your loved one as a result of the abuse or neglect.
• Emotional Distress: Damages cover psychological harm such as anxiety, depression, fear, and trauma.
• Relocation Costs: If families need to move their loved one to a safer facility, these moving expenses may be recoverable.
• Wrongful Death: When abuse or neglect results in death, family members can pursue wrongful death claims to recover funeral expenses, medical bills incurred before death, and compensation for the loss of their loved one.

Every case is unique, which is why working with an experienced Omaha nursing home abuse lawyer can make a significant difference in the outcome of your claim.

How Our Omaha Nursing Home Abuse Lawyers Can Help

At Mueller, Schmidt, Mulholland & Cooling, our team has decades of experience fighting for nursing home abuse victims and securing the compensation they deserve. We handle every aspect of your case, from investigating the facility and gathering evidence to negotiating with insurance companies and, if necessary, taking your case to trial.

In Nebraska, you generally have four years from the date of injury to file a nursing home abuse lawsuit. However, wrongful death cases must typically be filed within two years. The sooner you contact us, the better we can preserve evidence and build a strong case.

Ready to take action? Contact us or fill out our free consultation form to speak with us.