Nursing Home Negligence

In nursing homes nationwide, elderly residents can access ongoing care and daily living assistance. These facilities are designed to meet the needs of older patients so they can lead comfortable lives in their later years. 

Unfortunately, this population is also physically and mentally vulnerable. Nursing home abuse and neglect have become widespread issues, resulting in significant harm to some residents. The effects of nursing home negligence can last for years, and in some cases, it may even cause a premature death. 

Victims of neglect or abuse have the right to pursue legal action against the responsible parties. Let’s discuss what a negligent nursing home is capable of and how to hold the facility accountable for failing to provide adequate care for residents. 

Definition of Nursing Home Negligence

Nursing home negligence occurs when the staff in an assisted living facility fails to provide a reasonable standard of care, causing harm to a resident. Nursing home residents are often the victims of abuse and neglect because they are physically vulnerable and may not be capable of advocating for themselves. 

Prevalence and Impact of Negligence in Nursing Homes

Assisted living facilities in all 50 states struggle with nursing home negligence. This issue has many potential causes, including negligent hiring practices, inadequate staffing, improper care protocols, and medical malpractice. Research by the National Center on Elder Abuse indicates that one in ten adults in nursing homes experience abuse or neglect [1]. 

Additionally, the World Health Organization estimates that almost 16% of nursing homes worldwide have abuse issues. The result of neglect in nursing facilities can be devastating. Residents may experience severe injuries, illnesses like pressure ulcers, emotional distress, and even death. 

Common Types of Nursing Home Negligence

Nursing home negligence manifests in many ways. Some issues come from the facility’s administrators, while others are related to the nursing staff, putting an older adult’s basic needs at risk. 

Physical Neglect

Nursing home abuse and neglect are often physically harmful to residents. If the nursing home staff members are not providing enough medical care to each patient, residents may suffer from malnutrition, bedsores, dangerous falls, and unsanitary conditions. Physical abuse is another issue that is even more concerning. 

Nursing home staff may use physical means to exert power over a resident, such as punching, slapping, kicking, or using unnecessary physical restraints. These restraints could include harnesses, psychotropic drugs, and even belts. 

Medical Neglect

Medical neglect occurs when elderly residents do not receive the essential medical care they need. Medication errors, misdiagnoses, delayed treatment, and inadequate monitoring of a patient’s health are all examples of insufficient medical treatment. 

This form of nursing home neglect can have horrifying consequences for the victim. Staff must be held accountable when they fail to maintain the level of care each patient needs. 

Emotional and Psychological Neglect

Nursing home negligence can affect a resident’s physical and mental health. Emotional and psychological neglect can have a significant impact on an individual’s quality of life in a nursing home. Isolation, verbal abuse, humiliation, and deprivation of social interaction may not cause physical harm, but they will lead to severe psychological damage. 

Those who receive Medicare and Medicaid services in nursing homes have the right to dignity and respect, and psychological neglect violates that right. 

Financial Exploitation

Elderly persons in nursing homes have the right to control their finances. Unfortunately, financial abuse is common in nursing facilities. The most common issues include theft, fraud, and undue influence. 

Nursing home caregivers can easily take advantage of residents by lying to them about their finances or stealing their possessions, both of which are forms of financial abuse. Many instances of financial exploitation go unreported because residents, such as those with Alzheimer’s disease, do not know it is happening to them. 

Recognizing the Signs of Nursing Home Neglect

Nursing home neglect and abuse often occur under the radar. Many residents don’t even realize when it is happening to them. Sometimes, visiting family members may be the first ones to spot nursing home neglect or abuse. Here are some warning signs that may indicate your family member is suffering from nursing home negligence. 

Physical Signs and Symptoms

Often, there are physical signs of abuse or neglect. You may notice unexplained injuries on your family member, such as bruises, cuts, or broken bones. If elderly residents are suddenly losing weight, this could indicate malnutrition, dehydration, or even depression. 

Check for bedsores on the resident’s body since these are often evidence of leaving the patient in bed too long. Finally, poor personal hygiene may indicate staff members neglecting their loved one. 

Behavioral and Emotional Changes

Many nursing home residents who experience psychological abuse will display behavioral or emotional symptoms. They may withdraw from activities or people they usually enjoy, often due to mistreatment. Agitation, anxiety, depression, and fearfulness are other psychological symptoms that may be the result of nursing home abuse or neglect. 

Another sign to watch for is if the individual acts scared or withdrawn around a specific member of the staff. If so, this person may be abusing them physically or emotionally. 

Unexplained Changes in the Financial Situation

Vulnerable residents often fall victim to financial exploitation. Keeping an eye on your family member’s finances while staying in a nursing facility is essential. If you notice any abrupt changes in their accounts or their possessions disappear from their room, they may be dealing with financial abuse. 

The Role of a Nursing Home Negligence Lawyer

Eliminating nursing home negligence from society should be a top priority. When residents experience nursing home neglect or abuse, they have the right to file complaints or lawsuits against the at-fault facilities. Nursing home abuse lawyers specialize in protecting residents’ rights in these facilities and can guide victims of abuse and neglect through the legal process. 

Investigating and Gathering Evidence

If you plan to file a claim for nursing home neglect or abuse for yourself or on behalf of a family member, you need a reliable attorney on your side to build a strong case. 

Nursing homes have access to greater resources than most plaintiffs, including large insurance companies and teams of lawyers. Your lawyer will investigate your case to gather evidence and build a strong legal claim to increase your chances of victory.

While proving nursing home neglect may not require as high a burden of proof as a criminal proceeding, it still presents significant challenges. Without the support of an experienced nursing home lawyer, demonstrating neglect can be difficult. 

Their expertise is crucial in navigating the complexities of these cases and effectively presenting the evidence needed to prove nursing home neglect.

Pursuing Compensation for Damages

A nursing home negligence lawsuit aims to seek compensation for legal damages. If physical abuse, emotional abuse, sexual abuse, mental abuse, or financial abuse caused you or your loved one harm, the resulting losses can be covered with financial compensation. 

Potential damages from nursing home neglect or abuse include medical bills, physical pain and suffering, emotional distress, and loss of enjoyment of life. If your case involves gross negligence or intentional misconduct, the nursing home administrator could receive punitive damages to punish and deter such behavior in the future. 

If victims of physical or emotional neglect in nursing homes die, their family members could file wrongful death lawsuits. Damages in a wrongful death claim could include funeral costs, burial expenses, loss of financial support, and loss of companionship. 

Guiding Families Through the Legal Process

The legal process for a nursing home abuse claim is incredibly complex. Many victims and their families are overwhelmed by the procedures and get lost in the legal steps. 

An experienced lawyer can provide support and clear explanations throughout the claims process to protect your rights. Additionally, your lawyer will ensure you avoid any missteps that could undermine your case. 

Nursing homes, caregivers, and insurers often try to exploit the claims process to your disadvantage. Having skilled legal representation is crucial to avoid mistakes and protect your interests. 

Proving Negligence in a Nursing Home Abuse Case

Proving nursing home negligence is a significant barrier to winning your claim. You must provide evidence demonstrating that nursing home neglect more likely than not caused the damages the resident suffered. Here are the elements of negligence that must be supported with evidence. 

Establishing the Standard of Care

Residents in a nursing home are owed a certain duty of care. The facility is responsible for providing that care and protecting them from physical and emotional harm. To win your claim, you must establish that the defendant had a duty of care toward the victim. 

For nursing home patients, this aspect of negligence is generally straightforward since they are supposed to receive medical treatment from the staff. 

Demonstrating a Breach of Duty

It is more challenging to prove a breach of duty of care for nursing home neglect. Evidence must support the fact that the nursing home failed in its obligations to provide proper care and harmed the resident as a result. 

There are many examples of breach of duty, including giving residents medications incorrectly, physically abusing them, failing to assist residents with daily living activities, or misdiagnosing a health condition. You will need evidence to demonstrate these actions, including medical records, eyewitness statements, doctors’ notes, or incident reports. 

Linking the Breach to the Injuries of a Nursing Home Resident

The next step in your claim is to establish a link between the defendant’s actions and the harm suffered by the resident. A direct causal relationship must exist between the negligence and the individual’s injuries or declining health condition. 

This crucial step of the legal action will determine whether you are eligible for compensation from the defendant or their insurance company. 

Contact a Lawyer who Protects the Rights of Nursing Home Residents

Filing a personal injury lawsuit for nursing home neglect on your own is extremely challenging. The burden of proof is difficult to overcome without legal guidance from a specialized lawyer. If you want to hold a facility accountable for elder abuse or neglect, working with an attorney is necessary to increase your chances of earning financial compensation. 

The Nursing Home Law Center is dedicated to serving nursing home patients and their families who have been abused or neglected. 

Our goal is to help you recover financially from the neglect or abuse suffered at the hands of nursing home employees. Not only will you stand a better chance of winning a settlement, but the facilities will be held accountable, and other residents will benefit from your actions. 

Call our office today at 800-926-7565 or complete the online form for free consultation. We will answer all your questions about the claims process so you can make an educated decision. 

Resources: [1] NCEA