When a nursing home fails to protect the people you care about, the damage can be personal, painful, and hard to undo. Your Butte nursing home abuse lawyer with our firm is here to help you understand your options if a care facility has caused harm or allowed neglect to go unchecked.
With 65+ years of combined experience, your Butte personal injury lawyer with Everett Cook Law can walk you through what comes next and help your family take meaningful steps forward. Reach out today to get started.
Why Choose Us at Everett Cook Law?
Families across Montana trust us because we understand how to handle nursing home abuse cases with care, skill, and a deep knowledge of what works in local courts. We focus on building strong relationships with every client and making sure you feel heard at every stage.
With decades of Montana litigation experience and a strategy tailored to your needs, we are here to help you move forward with confidence. When you work with us, you can expect:
- Personalized attention from a team that knows your name
- Straightforward answers about your rights and legal options
- Real experience handling complex abuse and neglect claims in Montana nursing homes
What is Nursing Home Abuse?
Nursing home abuse happens when a resident is harmed by someone who is supposed to provide care or protection. Under Montana law, abuse can include physical harm, emotional distress, financial exploitation, or neglect of basic needs. As defined in Mont. Code Ann. § 52-3-803, this type of abuse involves acts or omissions that cause physical or mental injury, pain, or deprivation of essential services.
Physical vs. Emotional Harm in Long-Term Facilities
Some types of abuse leave clear physical evidence, such as bruises, broken bones, or repeated falls. Other forms, like verbal threats, isolation, or constant criticism, are harder to see but just as damaging.
Many families report changes in personality, withdrawal from activities, or fear around certain staff members as signs of emotional trauma. These effects can impact long-term health and may cause residents to avoid care altogether.
Montana’s Legal Definition of Elder Abuse
Montana considers any behavior that causes harm, pain, or fear to an older adult as a potential form of elder abuse. This includes not just physical violence, but also emotional mistreatment, financial exploitation, and neglect.
When staff ignore medical needs, fail to provide food or hygiene support, or take financial advantage of residents, those actions fall under Montana’s elder abuse statutes and can lead to both civil and criminal consequences.
Warning Signs of Nursing Home Abuse
Many older adults are unable or afraid to speak up when something is wrong. That is why families and loved ones play such a critical role in spotting signs of abuse or neglect. Sometimes the signs are obvious. Other times, they appear slowly and only become clear when a pattern starts to form. Common warning signs may include:
- Weight loss or signs of malnutrition
- Bedsores or pressure ulcers
- Emotional withdrawal or sudden mood changes
- Staff appearing irritated or intimidating toward residents
- Unusual drowsiness or overmedication
- Frequent falls or unexplained injuries
- Poor hygiene or unsanitary living conditions
- Caregivers refusing to answer basic questions or allow visits
These red flags often appear gradually and become more noticeable when families track them over time. The criminal penalties for elder abuse committed in care facilities, including physical harm and neglect, are outlined in Mont. Code Ann. § 52-3-825. Unfortunately, many warning signs are dismissed as signs of aging when they are actually evidence that something is seriously wrong.
Common Types of Nursing Home Abuse in Montana
Abuse in care facilities can take many different forms, and it often escalates when no one steps in to stop it. While some signs are clear, others build over time and may be missed until the harm becomes serious. Staying alert to these patterns is one of the best ways to protect someone you love.
Financial Exploitation and Lack of Oversight
Some nursing home residents are targeted for their money, especially when staff have easy access to credit cards, checks, or personal belongings. Financial exploitation can include theft, forged signatures, or pressure to make changes to bank accounts or wills.
These cases are especially common in rural Montana, where long-term care facilities may face limited staffing and fewer state inspections. Without strong oversight, vulnerable residents are left at greater risk.
Physical Violence, Sexual Abuse, and Falls
Repeated injuries and unexplained bruises can be a sign of something deeper than simple accidents. In some cases, staff members may be too rough during care or fail to assist residents who need help walking or standing. A pattern of slip and fall incidents can also point to neglect, especially when the same resident is injured more than once without a clear explanation.
Although sexual abuse in nursing homes is rare, it is extremely serious. These cases often involve residents who cannot speak up or who are isolated from family. Under Mont. Code Ann. § 45-5-502, any nonconsensual contact or sexual coercion may lead to criminal charges. Whether the harm is physical, emotional, or related to a safety failure, families have every right to ask questions and demand answers.
What Types of Recoverable Damages Can I Receive?
In nursing home abuse cases, damages are based on the harm done, the losses you and your family have experienced, and the facility’s role in allowing that harm to happen. Some damages are tied to medical costs or emotional pain, while others reflect the impact of neglect or mistreatment over time. These losses help account for the full picture of what your loved one has gone through. Compensation may be available for:
- Medical expenses and related treatment
- Pain and suffering from physical or emotional trauma
- Mental anguish or psychological distress
- Costs for relocating to a new care facility
- Punitive damages in cases of gross negligence or willful misconduct
- Loss of dignity due to humiliating or degrading treatment
- Loss of enjoyment of life or the ability to participate in daily activities
When a facility is found liable, financial compensation may be available to help cover current and future costs. Under Mont. Code Ann. § 27-1-221, punitive damages may also be awarded when the conduct was intentional or showed reckless disregard for safety.
Your Nursing Home Abuse Lawyer in Butte Is Ready to Listen
If something does not feel right about the care your loved one is receiving, you deserve answers. Your nursing home abuse attorney in Butte can help you understand what is happening and what steps you can take to protect your family.
Whether you need to ask questions, review records, or explore your legal options, your nursing home abuse attorney in Butte is here to talk things through. You can contact us whenever you are ready to get started.