Omaha Nursing Home Abuse Attorney

Are You in Need of an Omaha Nursing Home Abuse Lawyer?

Placing a loved one in a nursing home is one of the hardest decisions families make. We trust these facilities to provide compassionate, professional care. However, when that trust is broken through abuse or neglect, the consequences can be devastating.

Whether it’s physical harm, emotional trauma, or neglect of basic needs, no senior should suffer mistreatment in a place that’s supposed to ensure their safety and dignity.

If you believe your loved one has been harmed in a long-term care facility, Bottlinger Law L.L.C. is here to help. We offer legal support to families throughout Omaha who are seeking justice for elderly relatives experiencing abuse or neglect.

With years of experience handling sensitive injury claims, we can help investigate what happened, hold the responsible parties accountable, and work to prevent further harm.

Why Choose Us Over Other Omaha Nursing Home Abuse Attorneys?

• Founded in 2013 with a strong reputation for client-first, results-driven representation
• Attorney Jason Bottlinger has been practicing since 2006 and is licensed in Nebraska, Iowa, and Texas
• Recognized by Expertise.com as one of Omaha’s Best Personal Injury and Medical Malpractice Attorneys in 2024
• Top 100 Trial Lawyer, as named by The National Trial Lawyers
• Member of the Million and Multi-Million Dollar Advocates Forum for significant verdicts and settlements
• A+ rating from the Better Business Bureau, reflecting a commitment to ethical legal practice and client satisfaction
• Soft, intelligent, and warm communication style, ensuring clients feel informed, supported, and respected
• Free consultations and contingency fee representation—no legal fees unless we win for you

Legal Representation for Victims of Nursing Home Abuse in Omaha

Nursing home abuse is a widespread issue for the elderly community. Of the U.S. nursing home population, 44% have reportedly been abused, while only 10% of elders living at home have experienced abuse.

This disparity shows that we must do more to protect our loved ones while they are in the care of others. The elderly are often targets for abuse and neglect because they often cannot fend or advocate for themselves, and they are not in constant contact with family members. If your loved one is in a nursing home or an adult daycare, thoroughly research the facility. The most common types of abuse are physical, emotional, and financial. Try to educate yourself on the signs of abuse so you can identify the issues quickly and keep your loved ones from harm.

My experience with Bottlinger Law has been nothing but exceptional. Jason is the kind of person you want fighting for you considering his attention to detail and temper for law. His staff is welcoming and easy to work with. You are in great hands with this team!”
–T.S.
  from Google

Legal Rights of Nursing Home Residents in Nebraska

Under both federal and state laws, nursing home residents have rights designed to protect their health, dignity, and autonomy. These rights are guaranteed by the Federal Nursing Home Reform Act (1987) and Nebraska’s Long-Term Care Ombudsman Program.

Key resident rights include:

• The right to be free from abuse, neglect, and exploitation
• The right to privacy and personal dignity
• The right to participate in decisions about their care
• The right to voice grievances without retaliation
• The right to review medical records
• The right to manage their own finances unless legally restricted
• The right to see visitors and communicate with the outside world

If these rights are violated, the facility may be liable through both civil and regulatory action. At Bottlinger Law L.L.C., we help families understand these rights and fight to uphold them through legal means.

What Is The Difference Between Abuse and Neglect?

Abuse and neglect are both instances of mistreatment; however, they are not considered the same thing. As a rule, abuse is an intentional, purposeful, knowing act that causes harm or serious risk to a vulnerable senior. Abuse can be physical, mental, or emotional and can include any exploitation of an older person or violation of the basic rights they are entitled to.

While neglect is seen by many as a form of abuse, there are differentiating factors. Neglect is, by and large, a lack of action - a failure to perform caretaking duties and obligations. Neglect can be categorized as either passive or active, but that depends on the intent of the caregiver. Passive neglect is unintentional and can be the result of an undertrained or overworked caregiver or can simply be the result of miscommunication or misunderstanding. Active neglect is when a caregiver shows an intentional disregard for the needs of an elderly person.

Nursing home abuse is more common than many realize. From physical injuries to emotional distress or malnutrition, the signs are not always obvious—but they should never be ignored.

Forms of abuse or neglect may include:

• Physical abuse: Unexplained bruises, cuts, fractures, or restraint marks
• Emotional abuse: Sudden withdrawal, fear, or anxiety around staff
• Neglect: Bedsores, dehydration, soiled clothing, poor hygiene, or untreated medical conditions
• Financial exploitation: Unexplained withdrawals, forged checks, or missing possessions
• Sexual abuse: Unexplained infections or physical injuries in private areas
• Medication errors: Missed doses, overdoses, or unprescribed drugs

If you notice any of these signs, it’s time to act. Our firm can help you gather the evidence needed, report the abuse to authorities, and pursue legal action to protect your loved one and other residents.

What to Do If You Suspect Nursing Home Abuse

If you believe your loved one is being abused or neglected in a nursing home, the following steps can help you protect them and begin building a legal case.

Ensure Immediate Safety

If the situation is urgent, remove your loved one from the facility and seek medical attention.

Document Everything

Take photographs of injuries or unsafe conditions. Keep a journal of symptoms, changes in behavior, or concerning interactions with staff.

Request Records

Ask for medical records, incident reports, and care logs. Facilities are legally required to provide this information upon request.

Report the Abuse

Contact the Nebraska Department of Health and Human Services or the Long-Term Care Ombudsman Program to file a formal complaint.

Contact an Attorney

An experienced Omaha nursing home abuse lawyer can help you understand your options and begin the process of holding the facility accountable. At Bottlinger Law L.L.C., we offer compassionate and professional support to families who are navigating these complex and emotional situations.

Compensation for Victims of Nursing Home Abuse

Victims of nursing home abuse may be entitled to significant compensation for the physical, emotional, and financial harm they’ve endured. Depending on the specifics of your case, available damages may include the following.

Economic Damages

• Medical costs related to treatment or hospitalization
• Rehabilitation or therapy
• Costs of relocating to a safer facility

Non-Economic Damages

• Pain and suffering
• Emotional trauma or psychological harm
• Loss of dignity and quality of life

Punitive Damages

In cases involving intentional or particularly egregious abuse, punitive damages may also be awarded to punish the wrongdoer and deter future misconduct.

Wrongful Death Claims

Families may also pursue wrongful death claims if abuse or neglect leads to fatal injuries. We’ll guide you through every step with empathy and resolve.

Don’t Wait! Nebraska Statute of Limitations for Nursing Home Abuse Cases

Nebraska law places a strict time limit on filing claims related to nursing home abuse or neglect. In most personal injury cases—including those involving elder abuse—the statute of limitations is:

• Four years from the date of injury or from when the injury was reasonably discovered (Neb. Rev. Stat. § 25-207)

If the abuse results in death, families generally have:

• Two years from the date of death to file a wrongful death claim (Neb. Rev. Stat. § 30-810)

What Is Physical Abuse?

Physical abuse is highly dangerous, especially when combined with other preexisting health issues that many seniors have. Physically abused elders have a 300% higher risk of death. Physical abuse can be easy to spot, as your loved one may have unexplained injuries such as bruises, welts, black eyes, cuts, broken bones, or head injuries. But abuse can be harder to identify, too. Signs of physical abuse and neglect include:

• Weight loss
• Dehydration and malnutrition
• Bedsores
• Worsening overall health
• Poor hygiene
• Increased vulnerability to illness and infection
• Insomnia
• Psychological changes
• Anxiety and fear of others
• Eating disorder
• Withdrawals and depression
• Refusal to take medications
• Changes in behavior and personality
• Agitation

What Is Emotional Abuse?

Emotional abuse can be harder to detect since it does not leave physical scars. Being constantly berated or talked down to can have a negative effect on the victim’s physical and mental health. It is dehumanizing, and it can cause deep and painful suffering. The signs that a patient may be experiencing emotional abuse are:

• Depression
• Feeling helpless or hopeless
• Frustration
• Inability to make decisions
• Loss of interest
• Low self-esteem
• Passive and non-communicative behavior
• Changes in behavior and personality

Even knowing the signs, it can still be hard to detect emotional abuse because behavioral changes in a senior citizen could be attributed to illness or struggling to deal with the loss of independence. If it is abuse or neglect, the victim’s behavior will often change when the abuser comes around. Signs and symptoms to look for include:

• Nervousness or cowering in the patient
• Abrupt changes in the patient’s mood
• Basic hygiene not being provided to the patient
• Aggression or tension between the patient and caregiver
• Caregiver refuses to let you talk to the patient alone
• Caregiver isolates the patient from family
• Caregiver gives contradicting statements about the patient’s behavior or injuries
• Caregiver treats the patient like a child

What Is Sexual Abuse?

Sexual abuse is one of the most difficult forms of abuse to discuss because victims often fear speaking out about it or do not have the understanding or language to properly explain it, but it is extremely important to step in to protect them. Not only are cases of sexual abuse traumatizing, they can have a long-term effect on physical health, resulting in STDs and STIs. Signs to look out for include:

• Unexplained bruises or bleeding, specifically around the genitals
• Difficulty walking, sitting, or standing
• Torn or bloody sheets or clothing
• Sudden contraction of an STD or STI
• Sudden anxiety or symptoms of PTSD
• Self-harm or attempted suicide

What Is Financial Abuse?

Financial abuse is another common problem. Every year, over 500,000 seniors are victims of financial scams that cost up to $3 billion annually in lost funds. The elderly make up 70% of America’s wealth due to the fact that they have larger savings. This fact (coupled with the fact that they can be too trusting) can make them easy targets.

When reviewing your loved ones’ medical plan, make sure to also pay attention to their financial situation. It is important to pay attention to:

• Unexplained ATM withdrawals, bank transfers, or charges
• Sudden changes to wills, trusts, or powers of attorney
• Missing personal items
• Forged financial documents
• Lack of receipts or invoices for major purchases

Financial abuse may include theft, fraud, identity theft, and confidence games, such as:

• Taking an elderly person’s money, possessions, property, or other financial assets
• Committing fraud by forging an elderly person’s signature on documents or checks
• Telemarketing scams, cons, or confidence games to gain the elderly person’s trust and exploit them financially
• Refusing to care for an elderly person unless they pay the abuser in cash
• Refusing to allow an elderly person to access their financial assets
• Charging the elderly person’s insurance provider for unnecessary or non-existent treatments
• Misusing the power of attorney to steal or embezzle the elderly person’s funds
• Stealing an elderly person’s identity

Each case of financial abuse is different, and the perpetrator could be a staff member, administrator, medical professional, other residents, visitors, or even family members. When discussing financial matters, it is important to be extra vigilant, and you may wish to contact an Omaha estate planning attorney for assistance.

Other Effects of Elder Abuse

The effects of elder abuse do not just stop at physical or emotional trauma. The impact extends to:

• Social consequences: Seniors who are victimized by abuse can become isolated due to the trauma they experience, withdrawing from activities they used to enjoy. This can have a negative effect on their overall demeanor and quality of life.
• Need for increased medical care: The physical damage that occurs as a result of elder abuse can lead to lifelong conditions or injuries. This can lead to higher medical bills and the need for more services that were unnecessary before.

These are just a few of the consequences that may occur when a senior is treated in an abusive manner.

Adult Protective Services Act

There are a number of federal protections for seniors in the United States, including the Nursing Home Act, Elder Rights Act, and the Nursing Home Residents’ Bill of Rights, but the state of Nebraska also has specific laws regarding nursing homes.

Enforced by the Adult Protective Services and Nebraska Department of Health and Human Services, the Adult Protective Services Act provides legal protection for the elderly in Nebraska, ensuring that their rights and safety are protected.

In addition to the legal protections, this act outlines specific regulations that protect seniors from abuse and offers a route to report abuse. The agency can open an investigation into a nursing home, assist law enforcement, obtain court orders, and provide support to you and your loved one.

If you suspect your loved one is being abused in an Omaha nursing home, you should not hesitate to contact the Adult Protective Services hotline at (800) 652-1999. This act also requires professionals, including doctors, administrators, and nursing home staff, to report abuse as soon as it is known to them.

Other Locations We Serve in Nebraska

• Bellevue
• Bennington
• Fremont
• Papillion and La Vista
• Ralston

Getting an Omaha Elder Abuse Lawyer Involved

Taking legal action can be a daunting task, but for a matter as serious as nursing home abuse, contacting a law firm should be a top priority, and Bottlinger Law L.L.C. is here to help. We can provide assistance on how to regain your assets from financial abuse or file a lawsuit against a nursing home. Contact an Omaha personal injury attorney at our office at (402) 505-8234 for a free consultation.

Case Results

$1.8 Million Settlement - Nursing Home Abuse

$250,000 Settlement - Nursing Home Abuse

$200,000 Settlement - Nursing Home Abuse

Frequently Asked Questions About Nursing Home Abuse Cases

How do I know if my loved one is being abused?

Warning signs include bruises, bedsores, weight loss, fearfulness, poor hygiene, sudden changes in behavior, or withdrawal from activities.

What qualifies as nursing home abuse in Nebraska?

Abuse may be physical, emotional, sexual, financial, or through neglect. Any action or inaction that harms a resident or violates their rights may qualify.

Who can I sue for nursing home abuse?

You may be able to sue the facility, individual staff members, administrators, or contractors, depending on who was responsible for the harm.

Are nursing homes liable for abuse by employees in Nebraska?

Yes. Facilities in Omaha are responsible for supervising staff and ensuring residents are protected. They may be held liable for negligent hiring, training, or supervision.

Can we recover damages even if the abuse wasn’t physical?

Yes. Emotional or psychological abuse and neglect can be just as damaging. Nebraska law recognizes these as grounds for compensation.

Will filing a lawsuit help stop the abuse?

Legal action can lead to financial accountability, regulatory investigations, and better enforcement of safety standards, helping protect your loved one and others.

How much does it cost to hire your firm?

We handle nursing home abuse cases on a contingency basis, meaning you don’t pay unless we win compensation for you.

Additional Information

• What Are the Legal Requirements for Nursing Home Staffing in Omaha, Nebraska?
• How Nebraska’s Medicaid Laws Affect Nursing Home Care and Legal Claims
• What Are the Types of Nursing Home Abuse in Nebraska?
• The Impact of Nursing Home Regulations in Omaha on Resident Care Quality
• What You Need to Know About Nursing Home Contracts and Legal Protections in Omaha
• Nebraska DHHS: Adult Protective Services
• Elder Abuse - CDC