Nursing homes nationwide exist to ease the lives of elderly residents with high care needs. These facilities provide 24/7 healthcare services and comfortable environments where residents can live while having access to medical care.
Unfortunately, nursing homes experience numerous deficiencies and violations with their premises, staffing, and protocols that place residents in danger.
Nursing home abuse is a significant issue in this country. Assisted living facilities house some of the most vulnerable individuals in society. Nursing home abuse or neglect can lead to injuries, illnesses, worsening conditions, or death.
Fortunately, there are ways to combat the epidemic of elder abuse in nursing homes.
The most effective way to hold nursing homes accountable for abusive or negligent behavior is to report incidents immediately. However, you must recognize the signs of elder abuse in nursing facilities. If you are a family member of someone who is living in a nursing home, here are the most common signs that abuse or neglect may be occurring.
Physical abuse involves the use of force to harm a resident. If you notice unexplained bruises, cuts, broken bones, or physical restraints, these could be proof that your loved one’s abuse is ongoing. Unexplained injuries are often indicative of poor treatment or negligent staff.
Emotional abuse can take many forms, including yelling, making threats, or isolating the resident from others. Since these actions usually occur when no one else is around, you should watch for signs like withdrawal, agitation, fearfulness, or unusual behavior around certain staff to identify potential emotional abuse.
Neglect occurs when staff are not paying adequate attention to residents and not meeting their needs. Signs of nursing home neglect may include the presence of bedsores, malnutrition, dehydration, a worsening health condition, or unsanitary living conditions. Neglect can quickly deteriorate health, so you should report negligence when you witness these signs.
Unfortunately, sexual abuse occurs often in assisted living facilities. Unexplained injuries, infections, or behavioral changes could be signs of suspected abuse. Usually, sexual abuse goes unreported due to fear of repercussions.
Vulnerable nursing home residents could become victims of financial exploitation. A staff member could steal money, authorize a credit card transaction, steal possessions, or coerce them into making strange financial decisions. Often, those with cognitive impairments are most vulnerable to financial abuse.
Reporting suspected abuse immediately is the key to rectifying the situation. If you wait to report nursing home abuse, the resident could suffer more as a result. They may be in immediate danger of injuries, illnesses, or death if you fail to take action. Here are some steps that can resolve problems of abuse in a long-term health care facility.
The first step in protecting an older person is to ensure their safety. If they are in immediate danger, family members may have to call 911 to involve the proper authorities and create a safe environment.
If possible, the resident should be removed from the long-term care facility until an investigation is implemented. Once the individual is away from the dangerous situation, you can consider what legal actions are necessary to hold the at-fault party accountable.
If you plan to report nursing home abuse, you must gather evidence to support your accusations and a potential lawsuit. Document all signs of abuse with photos, videos, and detailed written accounts.
If medical bills are associated with treating the victim’s injuries or illnesses, hold onto those records as well. The more you document the nursing home abuse and its impact, the easier it will be to prove damages in a lawsuit.
Preserving evidence is essential to pursue financial compensation for legal damages. Physical evidence is especially helpful in proving nursing home abuse or neglect.
For example, soiled clothing due to inattentive staff could be useful data for the report or a lawsuit. Damaged belongings could also be crucial as evidence in your case. Anything that can support your claim of abuse or neglect will be helpful information should you pursue legal action after you report elder abuse.
Reporting abuse is necessary to create safer long-term care facilities across the country. It is one of the few ways to hold facilities accountable, especially since inspections by state and federal agencies may be few and far between. There are several ways to report abuse in these long-term care facilities.
Adult Protective Services is a national organization that has branches in every state. It is committed to preserving and protecting the rights of adults, including nursing home residents or those receiving care from home health agencies.
You can report nursing home abuse cases to your local APS branch by calling the number for your state’s department. If necessary, this entity will investigate the claim and take action against the nursing home. You can remain anonymous when reporting.
Suppose a nursing home resident is suffering from physical abuse, sexual abuse, or serious neglect. In that case, contacting local law enforcement for swift action may be necessary to prevent serious harm. The police will secure the patient’s safety and investigate the claim to determine if there is wrongdoing by the nursing home or its staff.
Every nursing home has administrative staff that must respond to complaints of nursing home abuse or neglect. You can notify the relevant administrator of your suspicions and file an official complaint. This professional must investigate the complaint, though limitations and conflicts of interest could force you to seek other options.
The nursing home in question receives its licensing from the state. If there are enough issues with a nursing home, its license could be revoked, protecting all residents from future abuse.
When reporting nursing home abuse, provide as many details as possible to support your claim. In most states, you can report abuse over the phone or by completing a physical form. Some states offer online complaint options as well.
Reporting abuse can be a complex process. Most people are unsure what information to include in a report or how to follow up to see if corrective action is being taken. If you are considering reporting elder abuse in a nursing home, you should consult an experienced lawyer first. Here are a few reasons for doing so.
As a nursing home resident, your loved one has certain rights. A lawyer who works on nursing home abuse cases knows exactly what rights your loved one has and how to protect them. Before you take legal action, consult elder abuse attorneys for their expertise on resident rights.
Your case must be thoroughly investigated if you want corrective actions or financial compensation for your suffering. A nursing home lawyer will conduct an independent investigation to gather evidence of your suffering and the at-fault party’s actions.
They will then use this information to build a strong case that increases your chance of winning fair compensation for legal damages.
To hold these facilities accountable for nursing home abuse, you need the resources and expertise of a knowledgeable lawyer. One of your options is to file a lawsuit and seek compensation for damages. In this way, the facility is punished for abuse or neglect and is incentivized to prevent these issues in the future to avoid further lawsuits from other victims.
Sometimes, earning compensation for nursing home abuse is not enough to change the practices of the facility. Your lawyer will be an advocate for change. During the lawsuit, they will demand systemic changes to the facility and its protocols to address the abuse that occurred.
The lawyer will work hard to recover damages but will also require improved safety measures at the facility. As a result, the possibility of future nursing home abuse will decrease because you decided to take legal action.
It is essential to figure out your legal options and take appropriate action if you suspect your loved one is being abused or neglected in a nursing home. The Nursing Home Law Center is a legal firm dedicated to supporting victims of nursing home abuse.
Whether you notice the signs of sexual assault, poor hygiene, emotional signs of neglect, or changes in your loved one’s behavior, our team can discuss the best course of action for holding the facility accountable.
We offer a free consultation so you can discuss the legal process and ask questions about residents’ rights. Call us today at 800-926-7565 or complete the online form to request your free case review.