Nursing Home Abuse in Hawaii

What Is Nursing Home Abuse?

Did you or a loved one suffer abuse in Hawaii? There are federal and state laws to protect nursing home patients. A nursing home should be a long-term care facility where patients can live comfortably with the care they need. However, there is still the risk of nursing home abuse or neglect. Thankfully, laws protect the rights of the abused, and competent Hawaii nursing home abuse attorneys can help.

Federal Laws Protecting Against Nursing Home Abuse

Nursing Home Reform Act (1987)

The Nursing Home Reform Act of 1987 created a stringent set of protocols for nursing home facilities to maintain. This law was passed after a study conducted by the Institute of Medicine determined that there was rampant elderly abuse and neglect in nursing homes. Under this law, Hawaii facilities must:

  • Document and assess residents’ health status and individual needs.
  • Create a written strategic plan for each resident.
  • Assist residents in maintaining an active lifestyle.
  • Keep accurate health records for each resident.
  • Maintain the correct number of staff required to adequately care for patients and avoid neglect.
  • Provide proper hygiene and nutrition.
  • Maintain adequate supervision and implement devices to prevent falls and other injuries.

Nursing Home Residents’ Bill of Rights

Part of the Nursing Home Reform Act implemented a Bill of Rights for nursing home residents. This creates an outline of the benefits entitled to you or a loved one in a quality Hawaii nursing home and includes items such as:

  • Privacy and discretion with health-related issues
  • Ability to make their own decisions (if mentally sound)
  • Ability to voice issues or complaints without fear of retribution or harassment
  • Sufficient health care and treatment from nursing home staff

Elder Justice Act

The Elder Justice Act went into effect in 2010 to fight against elder abuse and neglect. This act mandates that the nursing home staff must report possible incidents of elder abuse and neglect. The Elder Justice Act created the following applicable provisions:

  • Employee Background Check Database – Gives nursing homes the right to be more selective in their hiring process. The goal is to prevent abuse by screening potential employees for past incidents.
  • 60-Day Closure Window – Nursing homes cannot close without first notifying their home state and the Secretary of Health and Human Services. The staff must also relocate all residents to proper nursing homes.
  • Elder Justice Coordinating Council – This coalition meets twice annually to discuss new methods of deterring elder abuse and neglect. The Council also drafts reports with recommendations to Congress on how to improve safeguards for the elderly.

State Laws Protecting Against Elder Abuse and Neglect

Each state has its own laws pertaining to this matter. While states rely on the guidance of the federal laws mentioned above, it is entirely within a state’s rights to pass additional protective laws for elder abuse and neglect. States with a higher percentage of nursing home residents typically have more laws than those without.

Enforcing these types of laws in Hawaii is the job of the Adult Protective and Community Services Branch. They also expect individuals in certain professions to report abuse or neglect under current law. To do so, the current information line to call is 808-832-5115. Additionally, they can provide the appropriate form to submit to the Department of Human Services.

Can You File a Lawsuit in Hawaii for Nursing Home Abuse?

Yes, you can and should seek maximum compensation. Victims of nursing home abuse or neglect (or their power of attorney) can file a lawsuit in civil and criminal court depending on the nature of the abuse. It is possible to reach a settlement and receive financial compensation before filing a lawsuit. However, if there is an argument about fair compensation or who bears responsibility, a lawsuit may become necessary.

Jurist reported in July 2021 that Hawaii now has legislation to increase the penalties for crimes against elders. According to their article, the state has seen a sharp increase in these incidents in recent years. In response, authorities have delivered tools for criminal and civil actions against perpetrators.

How Can You Receive Compensation Through a Nursing Home Abuse Lawsuit?

Victims of nursing home abuse or neglect in Hawaii can pursue compensation through a civil lawsuit, and multiple ways exist for victims to receive compensation:

  • Verdict – In this case, a trial jury hears case evidence and determines whether the defendant (nursing home/nursing home staff) is at fault. If they find the nursing home liable, the jury decides how much compensation to tender to you or your family as the plaintiff.
  • Settlement – A lawyer helps you avoid costly settlement mistakes. This settlement phase is when both parties agree on a compensation amount without a jury weighing in. All parties sign a legally binding document that often prevents further legal action. If the plaintiff signs this document, it ends a trial if one has started or prevent one if it not.
  • Restitution – For criminal cases, victims will likely receive compensation through restitution. This is a way for the guilty party to make up for the harm caused through financial compensation.

The compensation awarded via a nursing home abuse or neglect lawsuit can help pay victims’ medical bills, physical therapy, mental health therapy, costs for relocating to a new nursing home, and overall pain and suffering.

Civil and Criminal Nursing Home Abuse Lawsuits

A civil court handles most nursing home abuse cases. However, there are times where victims can file both kinds of cases. For example, if a nursing home staff member pushes a victim who falls over and breaks a bone, that worker can be criminally liable. Later, they may face a suit in civil court for the same thing.

The court that hears your case in Hawaii depends on the number of damages sought in the tort. Civil cases that seek over $40,000 in damages go to the Circuit Courts. Alternatively, your journey to seek justice can go to one of the state’s District Courts.

What Types of Nursing Home Abuse Lawsuits Exist?

Most Hawaii nursing home abuse lawsuits fall under two major categories: tort and breach of contract. Out of these two, tort lawsuits are the most common because victims seek compensation for direct harm whereas a breach of contract lawsuit often carries more limited compensation amounts.

Tort Nursing Home Abuse Lawsuits

Tort lawsuits are when the victim seeks compensation for pain and suffering caused at the hands of the nursing home. There are multiple types of tort lawsuits that correspond with the different types of crimes:

  • Abuse – Victims are intentionally harmed; could lead to severe bodily injury.
  • Medical malpracticeThe nursing home health care professionals acted outside the standard procedures of their position, and their mistreatment lead to injury.
  • Neglect – When the nursing home fails its duty to adequately care for a patient. Neglect specifically deals with nursing home staff being lazy, careless, or indifferent to patient care.
  • Wrongful deathIf a patient dies from a nursing home’s negligence, medical malpractice, or purposeful abuse, the surviving family can sue the nursing home.

Work with an Experienced Local Lawyer in Hawaii

If you plan to file a lawsuit against your nursing home for abuse or neglect, seek the assistance of a qualified Hawaii attorney specializing in the rights of senior citizens. Nursing home abuse attorneys can help you collect the necessary information required, locate corroborating witnesses, draft the lawsuit, and move to trial if required.

Are you looking for an experienced Hawaii nursing home abuse attorney to help your family?   We can even help you connect with an attorney across Hawaii state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.

Have doubts about whether this area of law fits your situation? Learn about other areas of Hawaii law!

Auto Accident Injury

Bankruptcy

Business Law

Child Birth Injury

Child Custody

Child Support

Consumer Law

Copyright Law

Criminal Defense

Debt Collector Harassment

Divorce Law

DUI Law

Employment Law

Eviction Law

Foreclosure Defense

Identity Theft

Immigration Law

Insurance Claims

Lemon Law

Medical Malpractice

Patent Law

Personal Injury Law

Power of Attorney

Probate Law

Property Disputes

Real Estate Law

Social Security Disability

Tax Law

Traffic Law

Vaccination Injury

Workers Compensation

Workplace Discrimination

Wrongful Termination

Wills and Trusts

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

Which Areas of Law?

We have attorneys in over 20 legal categories to choose from.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.