It is a difficult choice to place a loved-one in a nursing facility. You expect them to receive respect, dignity and proper care. Nursing home abuse is an issue that’s growing in importance. Many elderly residents are subjected to neglect, mistreatment or even physical harm. Understanding the legal aspects of abuse in nursing homes is important for a lawyer to hold negligent facilities accountable for their actions and ensure justice for victims.
This article discusses the warning signals of nursing home abuse. It also explains what to do if you suspect abuse and the options that are available to families who want justice.
What constitutes nursing home abuse?
Abuse in nursing homes can take many forms, including financial, emotional, sexual, and physical abuse. Staff members, residents or visitors can abuse a patient. The first step to identifying possible harm is to recognize the different types abuse.
- Physical abuse – Force used to cause bodily injury or pain. Examples of physical abuse include pushing, hitting or the improper use restraints.
- Emotional or psychological abuse – Verbal attacks, threats, humiliation or isolation which cause mental distress.
- Neglect: Failure to meet basic needs, such as food, clean water, hygiene, medical attention, and personal security.
- Financial Exploitation: The unauthorised or improper use of a senior’s financial resources. This includes stealing, faking signatures or forcing financial decisions.
- Sexual Abuse: Any sexual contact that is not consented to, such as inappropriate touching, harassment or assault.
Nursing Home Abuse: Recognizing the Signs
It can be difficult to identify abuse in nursing homes, because victims may not want to report it for fear of retaliation. There are a few warning signs that family members and friends need to be aware of.
Physical Signs
- Unidentified bruises or burns
- Falls or injuries that occur frequently without an explanation
- Bedsores and pressure ulcers
- Malnutrition and dehydration
- Unsanitary or poor hygiene living conditions
Behavior Signs
- Sudden changes in mood and behavior such as anxiety or depression
- Fear of certain residents or staff
- The hesitation to openly discuss their experiences
- Unexplained aggression or agitation
Neglect Signs
- Untreated medical conditions
- Unwashed or dirty clothing
- Incontinence problems are not being addressed if there is a strong odor.
- Health conditions can worsen due to lack of mobility assistance
Financial Abuse Indicators
- Unaccounted withdrawals from Bank Accounts
- Changes to wills, powers of attorney or financial documents
- Personal belongings missing
- Unauthorized credit card charges
What to do if you suspect nursing home abuse
It is important to act immediately if you suspect your loved one may be abused or neglected at a nursing facility. You should take the following steps:
1. Document Evidence
- Photograph any visible injuries and poor living conditions.
- Keep detailed records of all incidents including dates, times and the names of those involved.
- If you suspect fraud, save copies of your financial statements.
- Be aware of any changes in behavior.
2. Speak with the Nursing Home Management
- Direct your concerns to the director or administrator of the nursing home.
- Ask for a written report that outlines how the company plans to resolve the problem.
- If they respond dismissively or defensively, you may need to take further action.
3. Contact Local Authorities
- Contact the local Adult Protective Services agency if the abuse is serious or continuing.
- Call 911 or your local law enforcement in cases of immediate danger.
- Some states have programs to investigate complaints regarding nursing home conditions.
4. Removing the resident from harmful conditions
- Consider moving your loved one into a more safe facility if the nursing home refuses or is unable to rectify the situation.
- Assess the physical and mental health of an individual with the help of a professional.
Legal Options for Victims of Nursing Home Abuse
Abuse in nursing homes is a violation to residents’ rights, and it can lead to legal action being taken against the facility. Victims, and their families, can seek justice in several ways:
1. How to file a personal injury lawsuit
You can file a civil lawsuit against the nursing home, or the staff member responsible for the abuse. The legal action can seek compensation for:
- Medical costs related to abuse
- Pain and suffering
- Emotional distress
- Relocation costs to a new location
2. Pursuing a Claim for Wrongful Demise
The surviving family of a deceased resident may sue for wrongful death if abuse or neglect caused the death. Compensation can include funeral costs, loss of companionship and punitive damage against the facility.
3. Reporting to State Regulatory Agencies
Nursing home operations are overseen by state health departments and licensing authorities. A complaint filed can result in an investigation, fines or the revocation of licenses.
4. Explore Criminal Charges
Criminal charges can be brought against individuals who are responsible for severe abuse, sexual assault or financial exploitation. Fines, imprisonment and the loss of a professional license are all possible criminal penalties.
Preventing nursing home abuse
Families can reduce the risk of abuse through:
- Doing thorough research on the facility – Check online reviews and talk to current residents.
- Regular Visits. Frequent visits will help staff identify issues and demonstrate that the resident is actively involved in their family.
- Building Relationships With Caregivers: Getting to Know Staff Members can help improve treatment and accountability.
- Informing the Elderly about Their Rights – Educating loved ones on their legal rights will empower them to report any abuse that occurs.
Abuse in nursing homes can be a serious problem that has devastating effects on elderly residents and their family members. To protect loved ones, it is important to recognize the warning signs. Legally, there are many options to hold negligent facilities responsible and bring justice for the victims.
Do not hesitate to seek legal advice if you suspect abuse. Families can create a safer and more compassionate environment for their loved ones by advocating for nursing home residents’ rights.
This article was written by Jeanette Secor PA Attorney at Law.
Since over 20 years the Law Office of Jeanette Secor in St. Petersburg FL has been the first choice for anyone seeking justice following an personal Injury Lawyer St. Petersburg FL. Jeanette Secor is a renowned attorney who specializes in slip and fall cases. She has represented clients successfully in motorcycle accidents, car accidents and slip-and falls.
