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Hemminger Personal Injury Law Firm | Des Moines Iowa
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  • Home
  • Attorney Profiles
    • John T. Hemminger
    • Greg A. Egbers
    • Samuel Aden
    • James R. Colwell
  • Firm Overview
  • Personal Injury Practice Areas
    • Workers' Compensation
      • Workers' Compensation Overview
      • Construction and Trade Injuries
      • Factory Injury Attorney
      • Fatal Workplace Accidents
      • Job Site and Construction Accidents
      • Meat Packing Plant Industries
    • Motor Vehicle Accidents
      • Motor Vehicle Accidents Overview
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      • Car Accidents
      • Drunk Driving Accidents
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      • Truck Accidents
      • Uninsured / Underinsured Motorists
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      • Personal Injury Overview
      • Brain Injury
      • Burn Injury
      • Neck and Back Injuries
      • Shoulder Injuries
      • Spinal Cord Injuries
      • Wrongful Death
    • Nursing Home Neglect
      • Nursing Home Neglect Overview
      • Nursing Home Injuries Info
      • Negligence in the Nursing Home
      • Nursing Home Injuries FAQs
      • Nursing Home Injuries Overview
      • Nursing Home Injuries Resources
      • Proving Damages in Nursing Home Abuse
      • Protection of Nursing Home Residents in Iowa Nursing Homes
      • Nursing Home Resident Rights
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Proving Damages in Iowa Nursing Home Abuse


If a resident has been injured in the care of a nursing home facility or at the hands of a nursing home employee, action must be taken. There are special legal considerations involved when proving damages in Iowa nursing home abuse. Mental suffering, disfigurement, loss of enjoyment in life, shortened life expectancy and malicious and reckless conduct by the nursing home staff are just some of the injuries for which damages may need to be proved in cases involving nursing home abuse. If you are a nursing home resident who has been harmed in the nursing home setting, or if you care about such an individual, you are invited to contact an experienced elder law attorney at Hemminger Law Firm in Des Moines, IA about the legal rights of nursing home patients.

Emotional and physical pain

Mental or physical suffering are common forms of nursing home abuse. Emotional abuse often shows itself in the form of fear. A patient is suffering emotional abuse if they are afraid of the consequences while waiting for help. They may be afraid that their injury will worsen as they wait for someone to assist them or afraid that by the time someone comes to their aid the injury will have worsened. A patient may also have had fear at the time the injury occurred and experienced anxiety for his or her own well-being. After an injury occurs, an individual may also fear the physical consequences of that injury such as surgery and further injuries or future injuries at the hands of the person or persons who caused the injury in the first place. Emotional suffering may also lead to loss of enjoyment of life. The physical results of an injury may have caused disfigurement or a shortened life expectancy.

​Punitive damages

Many injured nursing home residents are elderly, have health issues and have shorter life expectancies. Punitive damages may be more common in a nursing home injury case then in other types of personal injury cases. Awards against nursing homes that are punitive damages are usually for mental anguish, pain and suffering experienced by the injured person, medical expenses and the loss of affection and companionship by the surviving spouse or children.
To be awarded punitive damages, malicious or reckless conduct by the nursing home facility or staff must be proven. This conduct may be demonstrated by showing that the nursing home knew of the problems in the facility and did nothing to correct them. Some examples of this wanton conduct include understaffing, inadequate employee criminal background checks and employees not caring for known patient health issues properly. When staff members do not care for patients properly, injuries occur that may be shown to prove punitive damages. Injuries caused by negligent or intentional omissions of care generally fall into six categories: restraint injuries, decubitus ulcers (bedsores), severe dehydration/malnutrition, exposure to the elements (wandering around the facility, elopement/leaving the grounds) and physical abuse or assault (hitting, pushing, force-feeding, unsanitary environment, using unnecessary physical restraints).

​Damages recoverable by survivors, heirs or dependents

Due to the growing number of elderly persons in the United States, there has been an increase in lawsuits and damages against nursing homes by loved ones or survivors of injured residents. In an action against a nursing home where the resident has died, the resident’s survivor(s) may be able to bring an action and recover damages. Some damages may be based on loss of consortium or affection, loss of parental advice and guidance, mental anguish of the survivor and funeral expenses.

​Speak to a personal injury lawyer

If you or a loved one has been injured due to the fault of a nursing home or its employees, contact an attorney at Hemminger Law Firm in Des Moines, IA, experienced in pursuing legal compensation in these cases.

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What We Do Really Well

Workers' compensation
> Worker’s Compensation Overview
> Construction and Trade Injuries
> Factory Injury Attorney
> Fatal Workplace Accidents
> Jobsite / Construction Accidents
> Meat Packing Plant Injuries
Motor Vehicle Accidents
> Motor Vehicle Accidents Overview
> Bicycle and Pedestrian Accidents
> Car Accidents
> Drunk Driving
> Motorcycle Accidents
> Truck Accidents
>Uninsured / Underinsured Motorists
Personal Injury
> Personal Injury Overview
> Brain Injuries
> Burn Injuries
> Neck and Back Injuries
> Shoulder Injuries
> Spinal Cord Injuries
> Wrongful Death
Nursing Home Neglect
> Nursing Home Neglect Overview
> Nursing Home Injuries Info
> Negligence in the Nursing Home
> Nursing Home Injuries FAQs
> Nursing Home Injuries Overview
> Nursing Home Injuries Resources
> Proving Damages in Nursing Home Abuse
> Protection of Nursing Home Residents
> Nursing Home Resident Rights

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Hemminger Law Firm
Personal Injury Attorney
2454 S.W. 9th Street
Des Moines, Iowa 50315-1904
​
Phone: 515-283-2116
Fax: 515-244-6206
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Located in South Des Moines, Iowa, the Hemminger Law Firm provides experienced personal injury representation for clients throughout Central Iowa, including Polk County, Warren County, Marion County, Lucas County, Madison County and Dallas County, as well as the cities Cedar Rapids, Ames, Marshall Town, Fort Dodge, Indianola, Chariton and Ottumwa.
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