Alzheimer’s Nursing Homes Attorney

Alzheimer’s and other dementias can be a devastating diagnosis for a family, as they typically require skilled nursing care. However, Alzheimer’s patients are at increased risk of abuse in nursing facilities due to their cognitive impairments.

If your loved one has been mistreated by nursing home staff, you have the right to seek compensation through a personal injury lawsuit. An elder care attorney from Nursing Home Law Center can guide you through the legal process and advocate for your rights.

What is Alzheimer’s Disease?

According to the Alzheimer’s Association, Alzheimer’s Disease is the most common form of dementia, accounting for 60% to 80% of dementia cases. This disease causes memory loss,  especially around recent events [1]. 

Alzheimer’s disease can impair a person’s ability to carry out activities of daily living, such as driving, cooking, managing personal hygiene, and engaging in social activities. This progressive disease is currently incurable, and the typical lifespan after diagnosis is 4 to 8 years [2]. 

When is a Nursing Home Necessary for Alzheimer’s Care?

Most families find dementia care challenging, especially as the disease progresses to severe cognitive decline. When family members cannot handle their relative’s needs, then long-term care services like assisted living facilities and nursing homes can provide essential support.

Signs that a dementia patient may need professional assistance include:

• Being unable to handle personal care like grooming and hygiene
• Regularly forgetting to turn off appliances, like stoves and ovens
• No longer maintaining their home 
• Forgetting to take medications, eat, or drink
• Being unable to dress appropriately for the weather
• Wandering from the home
• Regularly becoming confused, such as mistaking one relative for another [3]

In addition to offering more care than a person may receive at home, nursing homes provide a sense of community and ensure that the patient gets skilled care from trained staff. Professional care settings also ensure that family members don’t grow resentful or experience burnout [4]. 

Choosing the Right Alzheimer’s Nursing Home

The type of dementia care a person needs will depend on the stage of Alzheimer’s disease. Those in early cognitive decline may choose residential care communities or assisted living communities, where staff provide custodial care, but residents maintain their independence [5].

When the disease advances to moderate cognitive decline, families should consider memory care units. This nursing home care is specialized for dementia patients, with doctors and nurse practitioners familiar with all stages of Alzheimer’s disease [6].

To find quality care, families can use the Centers for Medicare and Medicaid Services directory, which lists all facilities that receive benefits from the federal government. Facilities that take Medicare, Medicaid, or veterans benefits have certain requirements like reporting fall incidents and infection rates, which are then used to develop a star rating.

In general, families pay for assisted living facilities, but Medicare or VA insurance can pay for care homes, nursing homes, or hospital stays [7]. Other key issues when choosing a facility include whether your loved one will receive a private or semi-private room, what social activities are available, and whether the care provided meets federal standards. 

Recognizing Signs of Abuse and Neglect in Alzheimer’s Nursing Homes

Individuals with Alzheimer’s and other dementias are more at risk of nursing home abuse because they are less able to advocate for themselves. Individuals with little family support or who lack access to important resources may also be more vulnerable to abuse [8]. 

The National Center on Elder Abuse shares common signs of abuse or neglect in health care settings, including physical, emotional, financial, and sexual abuse. 

Physical Abuse: Warning Signs and Indicators

Physical abuse is when an elderly person is subjected to bodily harm, impairment, injury, or disease. Signs of elder physical abuse include:

• Bruises, black eyes, welts, or marks
• Broken bones
• Cuts, punctures, or open wounds
• Sprains or internal injuries
• Caregivers refusing to let family members touch or see the victim
• Victims reporting being hit, pushed or kicked [9]

Neglect: Failure to Provide Adequate Care

Neglect occurs when nursing homes or assisted living communities fail to provide quality care to victims. This can include not giving them enough food or water, withholding medication, refusing to help with personal care, or not allowing the victim to move. Symptoms include:

• Dehydration or malnutrition
• Poor personal hygiene
• Hazardous living conditions
• Lack of food available
• Urine or feces smell
• Bed sores
• Insect infestations [10]

Emotional and Psychological Abuse

Emotional and psychological abuse includes yelling at dementia patients, making them feel guilty for needing additional care, or insulting them. Signs include:

• Becoming emotionally upset
• Being withdrawn or non-communicative
• Self-soothing behaviors like rocking, sucking, or biting
• Changes in eating and sleeping habits
• Personality changes, including apologizing
• Staff being dismissive or controlling [11] 

Financial Exploitation

Alzheimer’s disease patients are very vulnerable to financial abuse due to their memory issues. They may not be sure how to report financial exploitation, how to keep track of their money, or understand that someone is scamming them [12]. 

Symptoms of financial abuse include:

• Bills left unpaid despite money being available
• Unauthorized withdrawals in checking, savings, or investment accounts
• Sudden changes to wills, life insurance policies, or bank accounts
• Unexplained credit card charges
• Being billed for services that were never provided
• Staff failing to keep families informed of financial transactions
• Caregivers suddenly appearing with new belongings
• Disappearances of possessions or financial documents [13]

Sexual Abuse

Sexual abuse accounts for approximately 1.9% of abuse cases in nursing facilities, which is much higher than in community settings [14]. While it is more uncommon than other forms of elder abuse, it may be underreported due to stigma and shame [15]. In one study, 60% of elder sexual abuse victims suffered from dementia or Alzheimer’s disease [16].

Symptoms of elder sexual abuse include:

• Bruises around the breasts or genitals
• Unexplained sexually transmitted diseases
• Unexplained vaginal or anal bleeding
• Blood on the sheets, linens, or person’s clothing
• Changes in behavior, like being fearful or withdrawn [17]

Changes in Behavior or Demeanor

Loved ones should be on the lookout for changes in the resident’s behavior. While personality changes may be a symptom of the progression of Alzheimer’s disease, sudden shifts, such as fear or anxiety around certain individuals, should be investigated further.

When in doubt, loved ones should speak with the resident’s care team to learn whether these changes are the result of Alzheimer’s disease or may be signs of abuse. They can also consult with a nursing home abuse attorney, who can direct them to resources. 

Legal Rights of Alzheimer’s Patients in Nursing Homes

Nursing home residents have legal rights, including the right to be free from abuse and to enjoy a high standard of living. The Federal Nursing Home Reform Act governs nursing home care, and facilities that do not comply with its standards may not be able to use Medicare or Medicaid. 

Federal Nursing Home Reform Act (OBRA ’87)

The Federal Nursing Home Reform Act  (NHRA) was passed in 1987 as part of the Omnibus Budget Reconciliation Act. It’s passing followed congressional reports about nursing home abuse and a report from the Institute of Medicine that uncovered serious concerns about nursing home care.

The NHRA established the Nursing Home Residents Bill of Rights, which includes the right to obtain health care, live a dignified life, and participate in care planning. Additionally, NHRA outlined standards of care for health care facilities, including:

• Maintain adequate staffing and staff training
• Determine a resident’s capacity and develop care plans
• Preserve a resident’s ability to care for themselves
• Offer hygiene and nutrition services
• Ensure appropriate medical treatment
• Provide and oversee pharmaceutical services
• Maintain accurate medical records for all residents [18]

Right to a Dignified Existence

All residents of a care facility, including those with Alzheimer’s disease, have the right to be treated with respect and dignity. This includes choosing what activities they would like to do, making their own schedule, and deciding when to eat [19]. 

Right to be Free from Abuse and Neglect

Residents should not be restrained unless necessary to protect themselves or others. They should not be confined, kept apart from others, physically assaulted, verbally harassed, or sexually abused. If residents suffer from abuse, they or their family members have the right to request an investigation [20]. 

Right to Participate in Care Planning

Residents or their representatives have the right to be involved in care decisions. They are entitled to participate in resident groups that discuss the care available at the facility and to complain if they feel they are being mistreated. 

Additionally, dementia patients are entitled to have their families notified of any changes in their condition and to have their representatives discuss treatment options with their medical team. Families are also entitled to be involved in making or amending the care plan, which the facility is required to create for every resident [21]. 

Right to Appropriate Medical Care

No resident should ever be denied medically necessary treatment. If they suffer from a medical emergency, they should be transferred to the emergency room as soon as possible or seen by a doctor immediately. 

However, residents are also entitled to be free from inappropriate or unnecessary treatment. This includes chemical restraints like being overmedicated or given tranquilizers to make them more convenient for staff. Residents should not be enrolled in medical research or experimental treatments without their permission or the permission of their representative [22]. 

What to Do if You Suspect Abuse or Neglect?

You must act quickly if you suspect abuse or neglect in a care facility. Documenting abuse, reporting your concerns to the proper administration, and consulting with a lawyer can both protect your loved one and ensure that you have a solid legal case.

Document Your Concerns

When documenting concerns, be as precise as possible. Note down dates, times, locations, and names of staff members. Take photos and videos that show abuse, such as pictures of bruises, walkthroughs of dirty facilities, or interviews with your relative.

Report Your Suspicions to Nursing Home Management

Nursing home staff, including nurse practitioners and doctors, are mandated reporters. They must report suspected abuse to their state’s Department of Health and Human Services or Department of Aging. 

You should ask the facility manager to speak with you about your concerns. Be as specific as possible, including dates, times, and other evidence. They will then guide you through the reporting process.

If you find that the staff are unhelpful or dismissive, you can contact the local long-term care ombudsman, who will address the issue and work to find a solution with the facility.

Contact the Police Department

For immediate concerns, dial 911 and ask to have police dispatched. If there is no immediate danger to the resident, call the non-emergency number for the local police department and explain that you believe your loved one is being abused. 

The police will help you find the correct state agency according to your jurisdiction. They can also file a police report and begin their own investigation using the evidence that you have collected. 

Consult with an Experienced Nursing Home Abuse Attorney

A nursing home abuse attorney can be an invaluable ally when navigating the legal system, especially if your loved one suffers from dementia or Alzheimer’s. Not only can they help you find resources, such as directing you to the appropriate state agency, but they can also file a civil lawsuit and negotiate with the facility’s insurance agency.

Filing a Lawsuit for Nursing Home Abuse or Neglect 

A civil lawsuit focuses on providing compensation to victims of abuse or neglect rather than seeking criminal charges. The goal is to demonstrate to the insurance agency or court of law that you deserve a certain sum based on the evidence available.

Personal injury attorneys who specialize in elder law can provide essential support when pursuing damages, as they can find resources and thoroughly investigate the case on your behalf. They can also communicate with third parties, such as the nursing facility and insurance agency, so that you can focus on healing. 

Investigating the Claim and Gathering Evidence

The first step in a personal injury lawsuit is to investigate the incident, including when it happened, who was involved, and how it occurred. This process includes obtaining medical records and consulting with expert witnesses, like gerontologists and doctors, about how the injuries could have occurred.

Lawyers will also review other evidence related to the abuse, including facility files, staff records, training protocols, and any previous violations on record. They will interview eyewitnesses, staff, and residents who may have insights into the abuse.

Depending on your loved one’s level of cognitive impairment, it may be difficult to obtain testimony from them. However, lawyers will work with dementia experts who can share insights into what the resident’s behavior and statements mean. 

Determining Liability: Who is Responsible?

Liability determines who will be the defendant in the abuse lawsuit. There may be multiple liable parties, including individual staff members, physicians, and administrators. Each will share a portion of the blame, called comparative negligence.

Lawyers will use evidence to identify the responsible parties and explain how they contributed to the abuse or neglect. The parties will then be named in the lawsuit and are required to respond to the claims against them. 

Filing a Complaint in Court

Filing a complaint will vary by the specific jurisdiction. In general, the lawyer will submit documentation of the injuries, explain the circumstances surrounding the abuse, state who is liable, and request a specific sum of money. This sum, called the case valuation, will be based on the financial and emotional losses suffered by the victim and their family.

The Discovery Process: Depositions and Information Exchange

During the discovery phase, both the defendant and the plaintiff’s lawyers will exchange all the information they have gathered with one another. This ensures that both sides have access to the same information, which they will use to inform their arguments.

Your lawyer will take depositions from different parties in the trial. These are sworn statements where the witness answers specific questions. They must verify that everything they have said is factual before submitting it to the court.

Negotiating a Settlement or Proceeding to Trial

Many nursing home abuse cases are settled out of court with the facility’s insurance agency. Your lawyer will submit an offer, and the insurance agency will submit a counteroffer. This process goes back and forth until both parties are satisfied with the sum.

If this cannot be resolved, the two parties may turn to arbitration or mediation before finally filing a lawsuit and going to court. 

Compensation in Alzheimer’s Nursing Home Abuse and Neglect Cases

Compensation in a personal injury case may include economic damages, which cover hard financial losses, and non-economic damages, which are about the social and emotional impact of the abuse. 

Health Care and Medical Expenses (Past and Future)

Both past and future medical care may be included in the damages. This will cover things like surgeries, medications, therapy, physical therapy, mobility aids, and other treatments. A lawyer can also determine what medical needs the victim may have going forward and include this in the demand. 

Pain and Suffering

Pain and suffering refers to the physical and emotional distress caused by abuse, such as broken bones, bruises, loss of mobility, depression, PTSD, and anxiety. 

Disability and Disfigurement

If the victim suffered permanent impairments, such as loss of bladder function or worsening dementia, this can be included in the damages. 

Loss of Enjoyment of Life

This compensation covers the emotional toll and reduced quality of life that many dementia patients suffer after abuse. For example, if the victim can no longer engage in favorite activities or care for themselves, this would be included.

Punitive Damages (in Cases of Egregious Misconduct)

The court system awards punitive damages if the abuse goes beyond gross negligence, such as severe physical injuries or sexual assault. 

Wrongful Death Damages (if Applicable)

If the resident died as a direct result of the abuse, then the surviving family may be awarded wrongful death damages. These can include medical care before death, funeral costs, burial expenses, loss of companionship, and grief. 

Why Choose Us to Protect Your Loved One?

Nursing Home Law Center is a leading personal injury firm that focuses exclusively on nursing home and assisted living facility neglect or abuse. We have recovered millions in damages for victims and their loved ones across the United States.

Our firm is a Super Lawyers and Best Lawyers firm with a perfect 10 Justia Rating, which signals our top-notch trial experience. We are also a BBB-accredited business with an A+ rating.

At Nursing Home Law Center, we take a compassionate approach to law, centering the needs of victims and their families. We are highly experienced in dementia and have contacts with top Alzheimer’s experts who can provide impartial expert testimony. 

Contact an Elder Law Attorney for a Free and Confidential Consultation

Alzheimer’s patients deserve to be treated with compassion and respect. If your loved one has been harmed in a care facility, Nursing Home Law Center can help. Call (800) 926-7565 or use our online contact form today for a free consultation with a top-rated personal injury attorney. 

References: [1] Alzheimer’s Association, [2] Alzheimer’s Association, [3] Medical News Today, [4] Medical News Today, [5] Alzheimer’s Foundation of America, [6] Alzheimer’s Foundation of America, [7] National Council on Aging, [8] National Center on Elder Abuse, [9] Department of Justice, [10] Department of Justice, [11] Department of Justice, [12] Social Security Administration, [13] Department of Justice, [14] World Health Organization, [15] National Library of Medicine, [16] National Library of Medicine, [17] Department of Justice, [18] FindLaw, [19] Centers for Medicare and Medicaid Services, [20] Centers for Medicare and Medicaid Services, [21] Centers for Medicare and Medicaid Services, [22] Centers for Medicare and Medicaid Services