One of the main reasons why people place their loved ones in a nursing home or assisted living center is to ensure that they receive the care that they need in their old age. The nursing home resident may have suffered a serious injury, like a broken hip, and cannot care for themselves any longer.
At other times, people place their loved ones in nursing homes because their cognitive impairments and memory problems, often stemming from dementia or Alzheimer’s disease, prevent them from caring for themselves.
Sadly, however, Alzheimer’s and memory patients are often the most susceptible to nursing home abuse and neglect, and they can suffer serious injuries and illnesses as a result.
In some cases, nursing home residents (especially those who suffer from memory difficulties and cognitive impairments) may not even know that they are suffering abuse or neglect at the hands of nursing home staff members, such as physicians, nurses, nursing assistants, dietitians, administrators, and others who are working for the nursing home.
At other times, when nursing home residents complain or make accusations towards staff members who cause abuse or neglect, the nursing home may not take prompt action to correct the situation or problem.
If you suspect that your loved one might be the victim of abuse or neglect while residing at a nursing home, there are certain signs and symptoms for which you should be on the lookout. In addition, there are certain actions that you can take on behalf of your loved one, including calling the state health department and participating in an investigation (depending upon the jurisdiction of the nursing home’s location).
Finally, you could file a claim against a responsible nursing home employee or against the nursing home itself for financial compensation and monetary damages, in the event the nursing home abuse or neglect caused your loved one to suffer a serious accident, injury, illness, or death.
Types of Actions and Inactions That Are Considered Nursing Home Abuse
Several types of actions and inactions can amount to abuse in the nursing home setting. If your loved one has complained to you about abuse or neglect at the hands of nursing home staff, the first thing that you should do is report the incident to the nursing home administrator.
If the administrator does not take appropriate action, then you have the option of contacting the state health department, who will likely then open an investigation into your complaint. You could also file a claim or lawsuit against the nursing home for damages on behalf of your loved one.
If your loved one suffers from dementia or has cognitive deficits or memory problems, you should be on the lookout for signs and symptoms of nursing home abuse, such as lacerations, cuts, or bruising on your loved one’s body.
Abuse in the nursing home context, unfortunately, is an all-too-common problem across the United States. According to the National Council on Aging, nearly five million individuals suffer abuse throughout the country, and many of these incidents of abuse occur in nursing homes and assisted living facilities.
Moreover, the majority of these incidents of abuse go unreported. In some cases, no one ever reports anything because the elderly individual is unaware that they are the victim of abuse by a nursing home staff member or another patient.
Although neglect is a type of abuse that often occurs in nursing homes, abuse is typically an intentional act that a nursing home staff member commits against a resident, according to the United States Centers for Disease Control (CDC). Abusive acts bring about some type of harm (including physical harm, emotional harm, sexual harm, or financial harm) to the nursing home resident.
Physical abuse of a nursing home resident happens when a nursing home employee physically hits, strikes, or slaps the resident and causes them to suffer some type of harm. Physical harm can also involve a nursing home employee physically restraining a resident and preventing them from moving.
Another common type of abuse in the nursing home setting is the sexual abuse of a resident. A staff member could sexually abuse a nursing home resident by engaging in non-consensual sexual activity with that resident. Sexual activity includes unwanted sexual fondling, touching, penetration, and other types of unwanted sexual attention.
In addition to physical and sexual abuse of a nursing home resident, a resident could also experience verbal abuse. When a nursing home staff member commits verbal abuse against a resident, they may make threatening remarks towards that resident or remarks that are intentionally demeaning or insulting. Verbal abuse can result in a nursing home resident experiencing extreme emotional distress and mental anguish.
Psychological abuse of nursing home residents is also fairly common. Even though abuse may not result in physical harm, emotional and mental abuse can be just as dangerous for nursing home residents. Psychological abuse of a nursing home resident could involve threatening the resident, ignoring the resident, or intimidating the resident in some way. Withholding medication or food from a nursing home resident, in addition to causing physical problems, could also lead to emotional distress and psychological harm.
Finally, a nursing home resident could experience abuse through financial exploitation. For example, a nursing home staff member could conceal, misuse, or mishandle monetary assets or property that belongs to the resident of a nursing home. In addition, healthcare providers could overcharge for medical services or charge for medical care that was never actually provided.
Given that many nursing home residents with cognitive impairments are unaware that abuse is going on, you should be on the lookout for these signs of abuse, including physical marks, social withdrawal, and abrupt mood swings. Moreover, you should report the suspected abuse to a nursing home administrator or the state health department for your jurisdiction as soon as possible. An experienced nursing home abuse lawyer in your area could assist you with investigating the case, and if necessary, filing a claim or lawsuit against the nursing home or the abusive nursing home staff member.
Types of Actions and Inactions That Are Considered Nursing Home Neglect
While abuse in the nursing home setting is typically willful and intentional, neglect often takes the form of carelessness and lack of proper care. In general, a nursing home employee can commit neglect when they fail to provide the necessary care to a nursing home patient safely and reasonably under the circumstances. Neglect is more common in nursing homes than physical, emotional, or sexual abuse.
One of the most common forms of nursing home neglect is failing to take care of residents in a reasonable manner. The primary duty of nursing homes and nursing home staff members is to ensure that their residents receive the care and medical attention that they need, depending upon their own unique situation.
Properly caring for patients involves making sure that they receive baths regularly (preferably daily), that they receive all of their meals, and that they receive their medication on time. When nursing home staff members fail to address the needs of nursing have residents, the residents can suffer a serious injury or illness as a result.
Another common type of neglect in nursing homes involves medical errors of a serious nature. For example, a nurse may fail to provide a patient with the medication that they need or may mix up patients’ medications. At other times, a nursing home staff member may fail to provide the patient with the correct medication dosage.
Finally, a nursing home staff member could provide a patient with their medication at the wrong time. When nursing home doctors, nurses, and nursing assistants make medication errors, the nursing home patient could suffer a serious illness or even die because of this negligence.
Nursing Home negligence also occurs when the facility’s staff members fail to supervise and monitor patients regularly. Many individuals reside in nursing homes because they cannot take care of themselves. They may have cognitive or mental impairments that prevent them from knowing where they are and when to take their medications.
Properly monitoring patients involves measuring their vital signs at regular intervals and responding to patient complaints and symptoms promptly. When nursing homes fail to monitor and supervise their patients properly, the patients could suffer an illness, such as a heart attack or stroke, or could become injured.
In addition, many individuals who suffer from cognitive impairments roam around the nursing home at all hours of the day or night. If the facility does not have proper monitoring equipment and staff, the resident could escape the facility and find themselves in harm’s way.
Finally, nursing homes are responsible for assisting residents with their daily living tasks. If they fail to properly supervise patients while they perform those tasks (especially those that take place in the bathroom), the patient could suffer a serious and unexpected injury.
Nursing home facilities also engage in neglect when they fail to keep their facilities properly cleaned and maintained at all times. When debris, spills, and other substances accumulate on the floors of hallways and other areas, including patient rooms, they can create a serious slip hazard for nursing home residents and visitors.
Nursing homes must also be sure to disinfect patient rooms and bathrooms every day to prevent the spread of germs and other bacteria. When nursing home common areas, bathrooms, and patient rooms are not kept clean, residents can become sick and may even spread their germs to other nursing home residents.
If you suspect that your loved one is the victim of neglect at a nursing home, an experienced nursing home neglect attorney in your jurisdiction can help. A lawyer can investigate the circumstances, file a complaint on your loved one’s behalf with the state health department, and, if necessary, initiate a civil claim or lawsuit against the nursing home or negligent staff members for monetary compensation and damages.
Looking Out for Potential Signs and Symptoms of Abuse and Neglect at a Nursing Facility
If your loved one resides at a nursing home or assisted living facility and complains about abuse or neglect, there are certain actions that you can take. First, you should be on the lookout for certain signs and symptoms that may point to the fact that your loved one is suffering from abuse or neglect while residing at the nursing home.
One early warning sign of nursing home abuse or neglect is physical marks on the resident’s body. These marks typically include cuts, bruises, and other lacerations. Pressure ulcers and bedsores are also sometimes a sign of neglect. For example, they may show that the nursing home staff members are not bathing the patient regularly. If your loved one has not suffered a recent injury at the nursing home, and you observe one or more of these marks on their body, you should speak with a caregiver or nursing home administrator right away.
Nursing home abuse and neglect can also lead to sudden and unexpected mood swings for affected nursing home residents. These mood swings are especially common when nursing home residents find themselves the victims of verbal, emotional, or sexual abuse at the hands of a nursing home employee or another nursing home resident.
Many residents who suffer these types of abuse become socially isolated or withdrawn and cease participating in activities and clubs that they once frequently enjoyed. If your loved one becomes socially withdrawn and isolated all of a sudden, this may be a sign that they are the subject of negligence or abuse while residing at the nursing home.
Another common sign of nursing home abuse is unusual vaginal discharge for female patients. Such discharge may be a sign that the patient is suffering from sexual abuse at the hands of a staff member or another resident. Yet another manifestation of nursing home neglect is unpleasant odors that are present in patient bathrooms, patient rooms, and common areas. These unpleasant smells may be a sign of poor maintenance at the nursing facility and a general lack of cleanliness.
When nursing home staff members fail to clean the premises regularly, germs and bacteria can spread, leading to patient illnesses and untimely deaths. In fact, frequent patient illness is another common sign of neglect at a nursing home. When patients who were not sick before unexpectedly become ill, this may be a sign that nursing home staff members are not caring for them properly. It may also be a sign of poor maintenance at the facility.
If you notice any of these signs of abuse or neglect on your loved one who resides at a nursing home, you should report them right away to a caregiver, nursing home supervisor, or administrator. If that does not work, a knowledgeable nursing home abuse and neglect attorney in your area can help you decide how to move forward and what, if any, legal action you should take against the nursing home or nursing home staff members and employees. Your lawyer could also help you file a claim or lawsuit against the nursing facility for monetary compensation and damages.
Steps You Can Take to Ensure That Your Loved One’s Complaints and Accusations Don’t Go Unnoticed
Victims of nursing home abuse and neglect may not report the abuse for several reasons. One reason they may not report the abuse is that they may not even know that it is going on. This unawareness is especially common for those suffering from a mental impairment or difficulty, such as Alzheimer’s disease. At other times, nursing home patients may believe that staff members will take it out on them and treat them in an even worse manner if they complain.
If your loved one has complained to you about abuse or neglect while residing in a nursing home, there are certain steps that you can take to ensure that these complaints and accusations do not go unnoticed and unresolved. First, you can complain on your loved one’s behalf to a nursing home caregiver or administrator. You should state specifically what the resident alleges happened and demand that the nursing home come up with a plan for resolving the issue.
If the nursing home administrator does not take prompt action to correct the abuse or neglect, you can file a complaint against the nursing home with the state health department. In many instances, once the state health department receives a complaint of abuse or neglect at a medical facility, including a nursing home, convalescent center, or assisted living facility, the state department is bound by law to investigate the situation.
In many cases, members of the state health department will go to the nursing home unannounced, thoroughly inspect the facility, and determine if a problem exists. If there is a problem, the health department can force the nursing home to comply. If the nursing home fails to comply, the health department could shut down the facility.
In addition to complaining about the situation, you should speak with a nursing home abuse and neglect lawyer in your jurisdiction about what, if any, legal options may be available to you. If your loved one suffered an injury or illness as a result of abuse or neglect that occurred at the nursing home, you could file a claim directly against the at-fault employee or staff member.
You can also file a claim against the nursing home itself. If the insurance company fails to adequately resolve the claim, you may have the option of filing a lawsuit against the negligent staff member or the nursing home, seeking monetary compensation and damages. A lawyer in your jurisdiction can assist you with filing your claim or lawsuit and pursuing monetary compensation on behalf of your loved one.
What Are the Legal Elements for Proving Negligence Against a Nursing Home Staff Member or Against the Nursing Home Itself?
Nursing home staff members are responsible for treating their patients properly and ensuring that they receive quality medical care and attention while residing at the nursing facility or convalescent center. When nursing home staff members engage in abusive behaviors or neglect their patients, they can be held accountable for any injuries and damages that result from the abuse or neglect, along with the nursing home itself.
Potentially responsible nursing home employees include physical therapists, dietitians, administrators, doctors, nurses, nursing assistants, or members of the custodial staff. When any of these individuals commits an act of abuse or neglect against a nursing home patient, the injured or ill patient, through legal counsel, could bring a claim or lawsuit seeking monetary damages and compensation for everything that happened.
If you suspect that your loved one was the victim of a nursing home staff member, a nursing home abuse and neglect attorney in your jurisdiction is ready to assist you and file a claim or lawsuit against all potentially responsible parties, including the nursing home itself.
When it comes to proving that a nursing home or a specific nursing home employee acted irresponsibly or unreasonably under the circumstances, the burden of proof is on the injured nursing home resident. Nursing home staff members owe their patients a very high legal duty of care. They are required to act reasonably when treating their patients and while providing them with medical care and attention at a nursing home.
For example, doctors must adhere to the standard of care of a hypothetical reasonable doctor acting under the same or similar circumstances. The same holds for nurses, nursing assistants, and others who work on staff at the nursing home.
When a healthcare provider violates this reasonableness standard of care, and as a result, a nursing home resident suffers an injury or illness, then the nursing home staff member and the nursing home itself could be deemed responsible.
For an affected nursing home resident to be successful in proving their case, the resident must show that the healthcare provider owes the resident a duty of care, that they violated this duty of care, and that as a result, the resident suffered an injury, illness, or some other measurable damage.
In some nursing home abuse and neglect cases, nursing home employees act in a particularly egregious manner, resulting in a nursing home patient’s untimely death. When that happens, the surviving family members of the nursing home patient could bring a wrongful death claim on behalf of their deceased loved one.
The protocol for filing wrongful death claims varies from jurisdiction to jurisdiction. In some states, the surviving family members of a deceased individual must open an estate on the deceased individual’s behalf and appoint a personal representative. The personal representative may then act on behalf of the estate by filing a wrongful death claim for damages. In other jurisdictions, any surviving family member can open a wrongful death claim or file a wrongful death lawsuit.
In wrongful death cases, again depending upon the jurisdiction, the personal representative of the estate or surviving loved ones can pursue monetary compensation for the deceased individual’s medical treatment leading up to the time of their death, along with burial and funeral expenses and loss of the deceased individual’s care and companionship.
Proving that nursing home abuse and neglect occurred is not an easy task. Nursing homes and their insurance companies will often retain experts to try and demonstrate that there was no breach of the legal standard of care under the circumstances.
When it comes to proving nursing home neglect and abuse cases, it is essential that you have a knowledgeable attorney on your side, assisting you and your loved one every step of the way. A lawyer in your jurisdiction can retain the necessary experts to prove that abuse or neglect occurred under the circumstances. Your lawyer can also assist you with proving all of the legal elements of your claim, including your claim for monetary compensation and damages.
Recovering Monetary Compensation in Cases Where Nursing Home Abuse or Neglect Occurred
In cases where it is clear that nursing home abuse or neglect led to injuries, illnesses, and other types of damages for nursing home residents, monetary compensation may be available in the form of damages.
One of the most common types of monetary recovery in nursing home abuse and neglect cases is compensation for all of the medical treatment that the nursing home resident had to endure as a result of the abuse or neglect. Compensation for medical treatment can include compensation for past related medical treatment, as well as the anticipated costs of future medical treatment that the nursing home resident may have to undergo as a result of the abuse or neglect incident.
In addition, nursing home residents who are the victims of abuse or neglect could and should recover compensation for all of their pain, suffering, and inconvenience. In some instances, this pain and suffering is physical pain and suffering. At other times, this pain and suffering come in the form of mental anguish and emotional distress. It could even be both simultaneously.
Sometimes, physical injuries that result from nursing home abuse and neglect can prevent a nursing home resident from using a particular body part. Such incapacitation (temporary or permanent) is especially common if the abuse or neglect leads to a fall in which the patient suffers some form of spinal cord injury, such as paralysis. In these instances, the injured nursing home resident could file a claim for loss of use of a body part.
Injuries resulting from nursing home abuse and neglect can also impact the resident’s overall quality of life. Therefore, in these instances, the resident could file a claim for loss of enjoyment of life as a result of the abuse or neglect that they experienced.
In cases where a nursing home staff member behaved in a particularly egregious or abusive manner under the circumstances, and an injury or illness resulted to the nursing home resident, the injured nursing home resident could file a claim against the staff member, as well as the nursing home itself, for punitive damages. The main purpose of punitive damages in a case is to punish the wrongdoer and to dissuade individuals from committing similar wrongful acts at any point in the future.
If your loved one has sustained an injury or injuries as a result of nursing home abuse or neglect, seek experienced legal counsel in your case right away. A lawyer can gather evidence to help you prove all of the legal elements of the case and will make a claim for monetary compensation and damages on behalf of your injured loved one.
Talk to a Nursing Home Abuse and Neglect Lawyer in Your Area About Your Legal Matter
If someone you love resides in a nursing home, and you believe that nursing home abuse or neglect may be taking place, you should speak with a knowledgeable attorney right away about your suspicion. In addition, you can make the nursing home take your loved one’s claims seriously and properly address them.
First, you should speak with a caregiver or a nursing home administrator about what you believe is taking place. If this does not lead to prompt and effective action on the nursing home’s part, your lawyer can assist you with filing a claim with the state health department or with filing a legal claim or lawsuit against the problematic nursing home employee or employees who brought about the abuse or neglect in the first place.
Your lawyer could also file a claim or lawsuit against the nursing home itself. Your lawyer can assist you with litigating your case in the court system and pursuing the compensation that your loved one deserves for everything they had to endure. Contact Brauns Law Accident Injury Lawyers, PC today for a free consultation.
