Many older Americans enter nursing homes and assisted care facilities to ensure their quality of life as they age. Unfortunately, nursing homes don’t always provide the high level of care one should expect. Nursing home abuse and neglect are increasingly common as more Americans are living in these facilities.

You should recognize signs of nursing home abuse so you can take action immediately. After reporting your suspicions, you should speak to a nursing home abuse attorney. If caregivers were negligent and abused your loved one, you may receive compensation for your losses in a lawsuit.

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Nursing Home Abuse Overview

America is an aging nation, with the US population being older on average than it was decades ago. The CDC estimates that 1.5 million Americans live in nursing homes today. This is mainly because many older Baby Boomers are now in their older years. As the nursing home population swells, so does the number of cases of nursing home abuse and neglect.

How many nursing home abuse cases are there? Some research states that ten percent of nursing home residents have been abused or neglected in the last year, but only a fraction of nursing home abuse cases get reported to the authorities. Many instances of abuse go unreported for various reasons.

Because of these trends, you, as the loved one of someone in a nursing home, should know the warning signs of abuse or neglect. Nursing home employees often are the ones engaging in the abuse, so family and friends of residents need to be alert to the signs.

Types Of Nursing Home Abuse

There are several types of nursing home abuse to watch for in your loved one. They are:

  • Emotional abuse
  • Physical abuse
  • Sexual abuse
  • Financial exploitation
  • Abandonment or neglect
  • Healthcare fraud

Nursing Home Abuse Warning Signs

Warning signs of nursing home abuse vary from case to case. However, the National Institute on Aging states that loved ones should watch for the following signs that can suggest nursing home abuse.

Physical Abuse

It can include sudden physical conditions or injuries you cannot explain: fractures, sprained joints, burns, or bruises. Also, the person was diagnosed with a sexually transmitted disease, and there is no logical explanation.

Emotional Abuse

Emotional abuse may be happening if the person has a sudden change from their normal behavior. Are they usually happy to see you and are now sad and withdrawn? Also, note if they withdraw from socializing with others or if nursing home employees impose isolation. Last, note whether you see or hear a caregiver who is uncaring, aggressive, or demeaning.

Sexual Abuse

You should alert the police if your loved one contracts a sexually transmitted disease in a nursing home. Also, call the police if there is unexplained bruising or swelling around their genitals.

Neglect Or Abandonment

Some abuse in a nursing home may be simply not caring for the person as caregivers are supposed to, including:

  • Signs that your loved one is not receiving proper medications
  • Signs that the person’s hygiene is poor
  • They are losing weight because of lack of food
  • Their room is dirty
  • Bedding or clothing isn’t changed regularly
  • You see ulcers or bedsores on your loved one
  • Their living area lacks water, heat, or electricity

Financial Exploitation

Some abuses of nursing home residents are financial. An abusive employee can take advantage of your relative by stealing money from their accounts. Take notice if the person has unpaid bills or is giving large gifts to a caregiver. They should not give control of their finances to anyone in the nursing home. You should investigate if someone needs help explaining large financial transactions on their bank or credit accounts.

Healthcare Fraud

Investigate if your loved one is receiving unnecessary medical equipment or treatments. Excessive diagnostic tests also can be a sign of healthcare fraud. You should review your loved one’s medical bills regularly to see if they were billed for services not performed.

One way to watch for signs of nursing home abuse is to visit your loved one on an irregular schedule. The abusive worker may clean up their act and your loved one’s appearance if they know you visit every Sunday at 10 am. Alternate your visiting dates and times to keep the staff off-guard.

Steps To Take When You Suspect Nursing Home Abuse

You suspect that someone is abusing or neglecting your relative in a nursing home. What should you do? First, consider calling 911, the police, or your sheriff. You also should consider contacting adult protective services in your state.

Next, you may want to discuss your case with your city’s nursing home abuse lawyer. Your nursing home abuse lawyer can help report the case to your state’s proper authorities. Your lawyer also can determine if you or your loved one has suffered losses because of the abuse, such as extra medical expenses, pain and suffering, and mental anguish.

Causes Of Action For Nursing Home Abuse Cases

There are several legal paths of action in a nursing home neglect or abuse case. They are:

Professional Negligence

If your nursing home attorney files a professional negligence claim, the defendant is probably a medical provider. In a professional negligence complaint, you and your attorney might allege that the person didn’t exercise a proper duty of care, skill, and diligence typically employed by a nursing home facility.

You must also state in this complaint that the breach of the duty of care caused your loved one’s injuries. The complaint should include an affidavit from a medical expert stating that the standard of care was violated. Under respondeat superior, the nursing home can be liable for a medical provider’s negligence.

Ordinary Negligence

The nursing home can also be liable for your loved one’s abuse under the general theory of negligence for omissions or acts that don’t deal with professional negligence. For instance, the nursing home can be liable under ordinary negligence for an injury from a fall or a defect in equipment that caused an injury. Expert testimony isn’t always necessary. You just need to show that the nursing home facility breached the reasonable standard of care, which caused your relative’s injuries.

Negligence Per Se

The nursing home can be liable for violating many statutory laws or regulations, such as not providing for the rights stated in the Long Term Care Patients Bill of Rights. This doesn’t ensure liability in the lawsuit, but it does set a standard of care. Any violation of that standard can be a breach of care to your loved one.

Third Parties

Usually, a business owner isn’t liable for a violent act caused by a third party. However, state courts in some states, such as Georgia, have stated that there is a special relationship between nursing homes and residents. A long-term care facility owes patients a duty of supervision over them that should protect them from dangerous parties, such as other residents.

Breach Of Contract

Another possible cause of action is a breach of contract, which occurs when a contract term is not met due to the alleged abuse.

Your nursing home abuse attorney will review the details of your case and recommend the best legal path to hold the liable party accountable.

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What Damages Are Possible In A Nursing Home Abuse Claim?

The value of a nursing home claim depends on the damages. Damages in a nursing home abuse case are what the liable party owes you and your family members for physical, emotional, and financial losses. Nursing home abuse damages can include these:

  • Medical expenses for current and future care for conditions related to the abuse. If your loved one broke bones because of abuse and neglect, you should be reimbursed for medical expenses and rehabilitation for those costs.
  • Costs of medications to treat the injuries and related consequences.
  • Psychological counseling expenses for your loved one to deal with the abuse and neglect.
  • Compensation for physical pain and suffering from the abuse.
  • Compensation for lost enjoyment of life

What Nursing Home Abuse Evidence Is Required?

The more evidence you have of nursing home abuse, the better. Abuse and neglect in a nursing home are serious allegations, and they must be proven. Your nursing home abuse lawsuit is likelier to have success if you have many pieces of evidence. Crucial evidence that may prove your nursing home abuse claim includes:

Photos

If your loved one was physically abused, take many photos of their injuries, such as cuts, bruises, bedsores, and anything else visible. Make sure that those photos are time-stamped. You also should take photos of any substandard living conditions in the nursing home.

Surveillance Footage

Many nursing homes have cameras throughout the facility. Note if your loved one’s nursing home has cameras installed and where they are. Your nursing home abuse attorney can acquire those recordings for potential evidence.

Medical Records

Your relative’s medical records prove their injuries or related health issues from the alleged abuse. They also show your relative wasn’t properly cared for in claims involving medical neglect or malpractice.

Eyewitness Statements

Critical evidence will come from anyone who witnessed the abuse, such as family members, other residents, or facility workers.

Expert Statements

Medical experts and other professionals with experience in nursing homes can discuss the person’s medical records and their level of care.

The combination of the evidence above can be strong support for a nursing home abuse claim. Your nursing home abuse attorney will work hard to gather all of the critical evidence to obtain justice for your loved one.

How Long Does A Nursing Home Abuse Case Take?

Many nursing home abuse cases are settled in a few months. The fact is that most nursing home abuse cases are settled and not litigated. Most nursing home facilities do not wish to be taken to court and accused of abusing a resident. Even if they are exonerated, being sued for nursing home abuse is publicity that no facility wants.

Your nursing home abuse attorney will work hard to settle your case. It can take anywhere from two to six months in many cases. However, your attorney may recommend taking the case to court if the nursing home is unwilling to take responsibility or offer a fair settlement. You should select a seasoned personal injury attorney equally adept at settlement negotiations and court cases. A fierce litigator with a strong local reputation working for you can encourage the insurance company to offer a fair settlement for your loved one’s ordeal.

Always retain a nursing home abuse attorney when you suspect abuse has occurred. These cases are complex and difficult to prove, and a lawyer is a must.

What If My Loved One Suffers More Abuse After I Complain?

It’s understandable if you worry that your relative will endure further abuse and neglect if you report the incident and take legal action. The good news is that all states have a system established to report allegations of neglect and abuse of older people.

Under this state-run system, your state’s adult protective services might get involved to ensure the problems don’t continue. You should feel free to talk to your nursing home abuse attorney for more details about ensuring that your loved one’s abuse is stopped.

However, if you think that your relative is in danger of further abuse, take immediate steps to have them removed from the nursing home. You should contact your lawyer and the police or adult protective services, for assistance.

Contact A Nursing Home Abuse Attorney Now

Was a loved one injured in a nursing home? Do you suspect nursing home abuse or neglect? You should speak to a nursing home abuse attorney now. An attorney experienced in these tragic cases can seek proper compensation for your losses. Speak to a nursing home abuse lawyer today to find out if you have a strong case. You do not pay upfront legal fees for your nursing home abuse attorney. Your attorney receives fees from a portion of your settlement or jury award. Your attorney does not charge legal fees unless they obtain compensation in your case.

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