People place their elderly loved ones in nursing homes, convalescent centers, and other assisted living facilities when their loved ones cannot care for themselves, see to their personal needs, or maintain their health and safety without the constant presence of healthcare providers.
Concerned family members find peace of mind that their loved ones will receive the proper care, attention, and assistance that they need while residing at these facilities. Sadly, however, such care and assistance do not always take place, and many nursing home residents find themselves the victims of abuse and neglect.
Abuse and neglect in nursing homes throughout the United States are, unfortunately, an all-too-common problem. Nursing home abuse and neglect are especially prevalent among elderly individuals who are vulnerable, have problems with their memory, or are isolated from friends and family members. When nursing home residents suffer from some form of dementia, such as Alzheimer‘s disease, they may not even be aware that nursing home staff members or fellow residents are abusing or neglecting them.
There are differences between nursing home abuse and nursing home neglect. However, both can have a serious impact on the nursing home resident and may even lead to injuries, illnesses, and other serious complications. If you suspect that your loved one is a victim of nursing home neglect or abuse, speak with a knowledgeable nursing home abuse and neglect attorney in your jurisdiction today.
A nursing home lawyer can file a complaint against the nursing home. A lawyer can also help you file a claim or lawsuit against the nursing facility or the employee who caused the abuse or neglect and can assist you or your loved one in pursuing the monetary compensation that you need.
Defining Nursing Home Abuse
There is no question that abuse in the nursing home context continues to be a serious problem throughout the country today. In fact, according to statistics provided by the National Council on Aging, almost five million individuals become elder abuse victims in the United States every year.
In addition, only one in 23 cases of elder abuse actually comes to light, primarily because many individuals simply do not report the abuse. In the case of elderly individuals who suffer from dementia, they may not even be aware that the abuse is occurring.
Neglect that occurs in a nursing home is one type of nursing home abuse. However, there are many other types of activities that constitute nursing home abuse.
According to the United States Centers for Disease Control, commonly known as the CDC, elder abuse can be any intentional act that causes an elderly individual (one who resides at a nursing home or assisted living facility) to suffer harm or risk harm. Nursing home abuse can take on a variety of different forms.
Some of the most common forms of abuse that occur in the nursing home setting include:
- Physically abusing a nursing home resident—One of the most obvious forms of nursing home patient abuse is physical abuse. Physically abusing a nursing home resident can involve using force against that individual by striking, hitting, or slapping them, and causing the patient to suffer an unnecessary injury or pain. It can also involve using drugs or medications to physically restrain an elderly individual who resides at a nursing facility.
- Psychologically or emotionally abusing a nursing home resident—Not all types of nursing home patient abuse involves physical abuse. Patient abuse can also be psychological or emotional. This type of abuse includes nursing home staff members intimidating residents, ignoring them, threatening them, or withholding food or medication from them. Speaking to an elderly resident in such a way that it causes the resident to suffer emotional distress or pain is also a form of psychological and emotional abuse.
- Sexually abusing a resident in a nursing home—Sexual abuse of a nursing home resident can involve unwanted touching by a staff member or non-consensual sexual attention by a staff member. Sexual abuse can also involve unwanted sexual penetration, touching, fondling, or any other kind of unwanted sexual attention by a staff member or another nursing home resident.
- Verbally abusing a nursing home resident—Verbal abuse in the nursing home context includes insulting, demeaning, or threatening remarks that a nursing home staff member directs toward a patient.
- Financially exploiting or abusing a nursing home resident—Financially exploiting or abusing a nursing home resident can involve misusing, concealing, or otherwise taking property, assets, or monetary funds that belong to a nursing home resident away from them.
Healthcare providers, including physicians, can also engage in financial abuse if they charge elderly nursing home residents for medical care that they do not provide, they overcharge for their medical services, or they recommend improper treatments for a medical condition or illness from which the nursing home resident may suffer.
Reporting nursing home abuse immediately upon discovery is imperative, as it is a serious issue. When nursing home abuse goes unchecked, vulnerable elderly individuals can suffer serious injuries and illnesses. If you suspect that your elderly loved one is the victim of nursing home abuse in your area, a knowledgeable attorney in your jurisdiction can investigate your suspicions, and if necessary, take legal action against the responsible nursing home or nursing home employee.
Defining Neglect in the Nursing Home Context
Neglect in the nursing home context is a type of abuse that can occur. Nursing home abuse always stems from a knowing and intentional act. Nursing home neglect, on the other hand, need not be intentional, although it can be in some cases.
A healthcare provider or nursing home engages in neglect whenever caretaking duties owed to nursing home residents are not provided or fulfilled in a reasonable, safe, and careful manner. Generally speaking, neglect is more common than abuse in the nursing home context.
Many actions and inactions can lead to neglect of a nursing home resident.
Some of the most common types of nursing home neglect include:
- Failing to care for a nursing home resident properly—One of the most common forms of neglect in the nursing home context is failing to care for a resident properly in some way. The main job of the nursing home and its staff members is to address patient needs and ensure that patients receive the proper medical care and attention that they deserve, based upon their individual and unique circumstances. Properly addressing patient needs includes making sure that the patient receives all of their meals, receives a bath regularly, and receives an opportunity to walk regularly. Failing to address these concerns can lead to multiple health problems. For example, if the staff does not turn a patient regularly, the patient can suffer a painful pressure ulcer.
- Failing to monitor patients properly—Patient neglect at a nursing home can also involve failing to monitor a patient regularly. Many individuals reside in nursing homes because they require monitoring around the clock, and because they cannot take care of themselves properly. Monitoring patients includes addressing their symptoms promptly, measuring their vital signs (including taking their temperatures and monitoring their blood pressures), and promptly responding to patient symptoms. Whenever nursing home staff fails to respond to patient symptoms promptly, the symptoms can become more serious and lead to an untimely stroke, heart attack, or death. Monitoring patients also extends to providing them with adequate supervision. This supervision is especially necessary for patients who suffer from dementia and who may roam around the facility at large. Many residents also require special assistance when bathing, using the bathroom, and performing other daily living tasks. When nursing home staff members do not properly supervise these patients, they can get into trouble and suffer serious injuries. Additionally, if a nursing home resident leaves the facility premises, they could suffer a serious injury or death.
- Making serious medical errors—Many nursing home patients reside in nursing homes because they require medical care around the clock. The individuals who take care of patients in nursing homes, including doctors, nurses, nursing assistants, and therapists, are responsible for providing nursing home patients with the care and treatment that they need. This responsibility includes making sure that patients are given the correct medications, in the correct dosages, and at the proper times. If a nurse mixes up a patient’s medication or gives the patient someone else’s medication, complications can arise. Moreover, doctors are responsible for prescribing patients with the correct medications while taking into account potential medication allergies. When a healthcare provider makes a serious medical error, the nursing home resident could become seriously ill or could even die as a result.
- Failing to keep the nursing facility clean—Especially in the age of COVID-19, failing to keep nursing facilities clean and disinfected can lead to patients suffering serious illnesses and even deaths. Unclean facilities can lead to the spread of germs, resulting in patient illnesses. Nursing facilities are also responsible for ensuring that patient rooms, common areas (including hallways), and other areas of the nursing home are free of spills and debris at all times. When floors and other common areas are not kept clean, patients and visitors can fall, suffering a serious injury in the process. When that happens, the responsible employee, such as a nursing home administrator, as well as the nursing home itself, could be responsible.
There is no disputing that nursing home neglect can take on many different forms. If you suspect that someone you love is a victim of nursing home neglect and suffered a serious injury or illness as a result, seek experienced legal help as soon as possible.
A nursing home neglect attorney in your jurisdiction can examine the circumstances and help you determine if you can take legal action against the nursing home for monetary compensation and damages. A lawyer could begin by filing a formal complaint at the state level, and if necessary, later filing a claim or lawsuit directly against the nursing home or the responsible nursing home employee or staff member.
How Does Nursing Home Abuse Differ From Nursing Home Negligence or Neglect?
Both abuse and neglect that occur in the nursing home setting are forms of patient mistreatment. However, there are several differences between nursing home abuse and neglect. One of the most important differences is that nursing home abuse typically results from a knowing and intentional act that places a nursing home resident at the risk of suffering an illness or injury. Moreover, abuse in the nursing home setting is frequently emotional and verbal, as opposed to physical or sexual.
Although neglect is one type of nursing home abuse, it typically results from failing to reasonably fulfill a duty or obligation that the nursing home or nursing home staff member owes to a patient. In other words, while nursing home neglect is not always intentional, there are instances that it is.
Both nursing home abuse and nursing home neglect are serious problems. If the abuse or neglect continues, a patient can suffer serious injuries or illnesses that could ultimately lead to an untimely death. If you suspect that your loved one is a victim of abuse or neglect while they are residing in a nursing home, it is best to consult with an experienced attorney in your jurisdiction as soon as possible about your legal options and potential paths forward.
Typical Signs and Symptoms That a Nursing Home Patient Is the Victim of Abuse or Neglect
Nursing home abuse and neglect often target physically and emotionally vulnerable individuals. Since many nursing home residents suffer from Alzheimer’s and other forms of dementia, they may not even be aware that the abuse or neglect occur at the hands of irresponsible staff members. However, there are certain symptoms and signs that often a company abuse and neglect at a nursing home.
If your loved one resides at a nursing home, you should frequently check for these signs and symptoms, and if you notice any, contact an experienced attorney for representation.
One of the most common signs of nursing home abuse and neglect are physical markings on a resident’s body. These markings may take the form of bruises, cuts, or lacerations. Pressure ulcers (also known as pressure sores) on a patient’s body are often signs that the patient is being neglected or abused by a nursing home staff member or another nursing home patient.
If you observe any of these physical signs or symptoms, and you are not aware that your loved one suffered a recent injury while residing at the nursing home, you should report your observations to an administrator as soon as possible.
Another common sign of nursing home abuse and neglect is frequent patient illness, especially if the patient had not frequently become ill before. When nursing home patients become ill regularly, it may be a sign that they are not being cared for properly. It may also be a sign that the facility is unclean and that staff members are not properly maintaining it.
In addition, sudden patient mood swings may be a sign that the patient is being abused or neglected by nursing home staff. In particular, nursing home patients who are victims of emotional, sexual, or verbal abuse may start to become socially withdrawn or isolated. In addition, they may become noticeably uninvolved in social activities that they used to enjoy previously.
They may also become reluctant to socialize with other people. If you notice that your loved one becomes socially withdrawn all of a sudden while residing in a nursing home, this may be a sign of abuse or neglect, and you should report your observations to a social worker or caregiver.
One of the most visible signs of nursing home abuse and neglect are bedsores, sometimes referred to as pressure ulcers or pressure sores. These sores often appear when a patient is not being turned regularly or receiving a bath frequently. They are especially common among residents who have to sit in one place for a long time, such as in a bed or wheelchair.
If you notice that your loved one has developed a pressure sore or pressure ulcer, you should share your observations with a caregiver and determine the source of the problem. It may very well be that the patient is not properly cared for or bathed regularly.
In addition, whenever a female nursing home patient exhibits unusual vaginal discharge or bleeding, this may be a sign that the patient is the victim of sexual abuse by a nursing home staff member or another nursing home patient. If your loved one complains about being the subject of sexual abuse, it is important to investigate the allegation to determine the source of the abuse.
Finally, unpleasant odors in patient rooms, or the nursing facility as a whole, can be a sign of uncleanliness or poor maintenance at the nursing home. If you or your loved one notices unpleasant smells in the nursing home regularly, report these observations so that the facility administration takes action.
If your loved one resides in a nursing home and you have noticed any of these signs or symptoms of potential abuse or neglect, speak with a knowledgeable nursing home lawyer in your area as soon as possible. A lawyer can begin an investigation of the circumstances and can determine if legal action on your part may be necessary.
Responsibility for Nursing Home Patient Abuse and Neglect
Nursing home abuse and neglect can occur at the hands of many different nursing home employees. Individuals who work at a nursing home are responsible for providing patients with the medical care and attention that they deserve. They are also responsible for making sure that patients receive the proper treatment, including the proper medications at the correct times of the day.
In cases of nursing home abuse and neglect, healthcare providers, including physicians, nurses, and nursing assistants, can be responsible for injuries and illnesses that occur because of this neglect. In addition, dietitians, physical therapists, and administrators who are employed by the nursing home can be fully or partially responsible.
If you suspect that your loved one has been a victim of abuse or neglect that occurred in a nursing home, an experienced nursing home abuse and neglect attorney in your jurisdiction can file a claim or lawsuit against all potentially responsible employees, as well as against the nursing home itself, seeking monetary compensation and damages for the injury or illness your loved one suffered while residing at the nursing home.
Duty of Care Owed by Nursing Homes to Their Patients
Nursing home facilities and employees owe their patients a very high duty of care at all times. Specifically, they owe their patients a duty to behave reasonably under the circumstances. Healthcare providers must adhere to a reasonableness standard of care. For example, a nurse must adhere to the standard of care of a hypothetical ‘reasonable’ nurse who is acting under the same or similar circumstances.
When nursing homes and their employees act unreasonably under the circumstances, they breach this high standard of care. Breaching the standard of care could involve engaging in acts of abuse against a nursing home resident or neglecting the nursing home patient’s medical needs.
If this breach of the standard of care results in a nursing home patient suffering a debilitating injury or illness, that individual may recover monetary compensation from the negligent nursing home or nursing home employee. Insurance companies provide policies of insurance for nursing facilities.
In addition, healthcare providers receive coverage under their medical malpractice insurance. Therefore, if the nursing home or a nursing home employee makes a medical mistake, there should be insurance coverage in place to compensate the affected nursing home patient.
In a civil case that a nursing home patient or a patient’s family member files against a nursing home or nursing home employee, the injured patient has the burden of proof. Therefore, the burden is on the injured patient to demonstrate that the nursing home (or the nursing home employee) acted unreasonably under the circumstances. The affected individual must also prove that this negligence or abuse proximately led to the injury or illness that they ultimately suffered.
If a nursing home patient died as a result of nursing home abuse or neglect, the deceased individual’s surviving loved ones could file a wrongful death claim in the state court system. As part of a wrongful death claim, the surviving loved ones could pursue various forms of monetary compensation all behalf of the deceased individual or the deceased individual’s estate.
In some jurisdictions, any surviving family member can pursue a wrongful death claim for these damages. In other jurisdictions, an estate must open on behalf of the deceased individual. At this point, an appointed personal representative would then file a claim or lawsuit on behalf of the estate against the nursing home or the nursing home employee.
In wrongful death claims, surviving family members or estate personal representatives could pursue monetary compensation for the deceased individual’s funeral and burial costs, as well as for the medical expenses that the resident incurred leading up to the time of their death. In addition, surviving family members and estate personal representatives could pursue monetary compensation for the loss of the deceased individual’s companionship, care, and comfort.
If you believe that your loved one has been the victim of nursing have abuse or neglect, an experienced nursing home abuse lawyer in your area can assist you with filing a complaint with the state department in charge of nursing homes or with taking legal action against the nursing facility or a specific nursing home employee who behaved in an abusive or negligent manner under the circumstances.
If you decide to take legal action by filing a claim or lawsuit, a lawyer can assist you with proving all of the legal elements of your claim and pursuing monetary compensation and damages on behalf of your loved one. In addition, if your loved one passed away as a result of nursing home abuse or neglect, a knowledgeable lawyer can assist you with meeting the necessary burden of proof and pursuing wrongful death damages by way of a claim or lawsuit.
Potential Monetary Compensation in Nursing Home Abuse and Neglect Cases
If your loved one has suffered an injury or illness as a direct result of nursing home abuse or neglect, you can file a claim for monetary compensation on behalf of your loved one. In addition to proving the other legal elements of your case, you will need to demonstrate that the nursing home abuse or neglect proximately led to the injury or illness that your loved one ultimately suffered while residing at the nursing home.
In terms of monetary damages, injured or ill nursing home patients can recover compensation for all of their medical bills and treatment that resulted from the incident of abuse or neglect. In addition, if the patient will have to undergo a future medical procedure, such as surgery or injections, that treatment may also be compensable under the law of your jurisdiction.
Nursing home abuse and neglect can not only result in additional medical treatment and other complications, but it can also lead to emotional anguish, mental distress, and related problems. Emotional distress and mental anguish in the form of pain and suffering are compensable under the laws of many jurisdictions.
In addition, if the nursing home patient sustained an injury severe enough that they can no longer use a body part, such as a leg, arm, or hip, the nursing home patient can make a loss of use claim. In addition, if the physical injury or illness that resulted from the abuse or neglect has impacted the nursing home patient’s quality of life and standard of living, the patient can file a claim for loss of life enjoyment.
In cases where nursing home abuse and neglect lead to the untimely death of a patient, the patient’s surviving loved ones can make a wrongful death claim, seeking various forms of monetary compensation.
An experienced nursing home abuse and neglect lawyer in your jurisdiction can assist you with filing a claim or lawsuit and pursuing the monetary compensation that your loved one needs to be made whole. In addition, if your loved one suffered death as a result of nursing home neglect or abuse, your lawyer could file a wrongful death claim on behalf of your loved one or your loved one’s estate.
Speak With an Experienced Nursing Home Abuse and Neglect Lawyer in Your Jurisdiction Today
Although there are several differences between nursing home abuse and neglect, both can result in extremely serious injuries, illnesses, deaths, and other complications. When these complications arise, speak with a knowledgeable nursing home abuse and neglect lawyer in your jurisdiction as soon as possible.
In cases that involve nursing abuse and neglect, the statute of limitations for filing a lawsuit may be as little as one or two years from the date of the alleged abuse or neglect. Consequently, your lawyer needs as much time as possible to investigate the circumstances of the case and file a claim or lawsuit on behalf of a nursing home resident.
As soon as you contact a nursing home abuse and neglect attorney in your jurisdiction, the attorney can file a complaint with the appropriate state agency or take legal action against a specific nursing home employee and the nursing home company itself.
