The Nursing Home Law Center is committed to providing the legal resources necessary to hold negligent facilities accountable.
Nursing Home Injuries
When you have a loved one moved to a nursing home, you’re entrusting the staff there to protect and care for them. Whether they’re there for a short-term stay or longer, you expect them to receive the highest quality of care. Unfortunately, there are many incidents of residents being injured while at a facility.
Sometimes, these injuries are caused by negligent behavior or intentional. Knowing the most common types of nursing home injuries can help you better protect and advocate for your loved one.
Definition of Nursing Home Injuries
Nursing home residents can suffer many injuries. Injuries can be physical, emotional, or psychological and negatively affect residents’ quality of life and safety while under the care of a nursing home.
These injuries can result from accidents, staff negligence, systemic failures, or intentional abuse. Even accidental injuries or those caused by environmental hazards can likely be prevented with proper attention and care.
The Role and Quality of Care Nursing Homes Should Provide
Every nursing home is responsible for providing professional, compassionate, and comprehensive care to residents. Any care provided is designed to maintain or improve the residents’ health issues, dignity, and overall quality of life. This can include:
- Proper medication management
- High-quality medical care
- 24-hour supervision and nursing care
- Social and recreational activities
- Nutritious meals and adequate hydration
- Clean and safe living conditions
- Assistance with activities of daily living (ADLs)
- Regular medical assessments
- Emergency response capabilities
Common Types of Nursing Home Injuries
When you understand the various injuries a resident can suffer in a nursing home, such as spinal injuries, you’ll be better prepared to protect their rights with early intervention. Residents can suffer minor to serious injuries, all impacting their lives. Each injury needs attention and can have serious consequences on the residents’ physical and mental health.
Pressure Ulcers
Nursing homes are known for dealing with pressure ulcers, also known as bedsores. These develop when a resident is left in the same position for too long without repositioning, which decreases blood flow. When nursing home residents suffer from pressure ulcers that are not properly treated, it can lead to medical issues like:
- Bone and joint infections
- Severe tissue damage
- Increased risk of death
- Sepsis in advanced cases
Bedsores can be prevented with regular repositioning, proper equipment, and proper nutrition. If a resident does develop a bedsore, early intervention is key to protect vulnerable residents and prevent a decline in health status.
Falls
Falls are among the most common nursing home facility injuries and the most dangerous for older adults. When nursing home residents fall, it can result in certain injuries, such as:
- Broken bones, especially a hip fracture
- Severe bruising and internal bleeding
- Head injuries and traumatic brain damage
- Increased fear and anxiety about moving
- Loss of mobility and independence
- Spinal injuries
If a resident falls, it can be for several reasons. Common risk factors for fall-related injuries in nursing homes are:
- Improper bed heights
- Mobility issues
- Muscle weakness
- Poor lighting or facility maintenance
- Inadequate supervision or assistance
- Slippery floors
- Balance problems
- Side effects from medications
Many nursing homes have fall prevention protocols to help reduce and prevent fall-related injuries. Even with these protocols, nursing facilities must be vigilant to keep walkways clear and monitor residents.
Medication Errors
Not everyone realizes that medication errors are considered injuries in nursing homes. When there’s a medication error, it can have devastating consequences. Common issues seen in nursing homes include:
- Over-sedation
- Incorrect medication administration
- Missing criteria medications
- Harmful drug interactions
- Wrong dosage or timing
Medication injuries compromise the resident’s medical care and can lead to life-threatening medical conditions, hospitalization, or sometimes death. Nursing homes must have proper medication management and documentation protocols to help prevent medication errors. These errors may be nursing home negligence.
Malnutrition and Dehydration
Everyone needs proper nutrition and hydration, and residents in a nursing home setting rely on staff to help them with this necessity. Nursing home injuries can happen due to malnutrition and dehydration and cause other issues like:
- Weakness and fatigue
- Unexplained weight loss
- Dry skin and mucous membranes
- Delayed wound healing
- Confusion and disorientation
- Increased susceptibility to infections
Nursing homes must monitor food and water intake regularly, especially for residents who need assistance eating and drinking.
Physical and Emotional Abuse
Injuries from physical and emotional abuse are far too common in nursing homes. Forms of physical and emotional abuse are:
- Neglect of basic needs
- Hitting, rough handling, or pushing
- Isolation or social restriction
- Inappropriate use of restraints
- Verbal threats and intimidation
- Humiliation or degrading treatment
The impacts of nursing home abuse extend far past the physical injuries. These can lead to lasting psychological trauma, impeding the resident’s ability to focus on maintaining or improving their health status.
Sexual Abuse
Sexual abuse in nursing homes is very disturbing and often goes unreported or noticed. This type of abuse can take many forms, including:
- Sexual harassment
- Forced nudity
- Sexual assault or rape
- Unwanted fondling or touching
- Taking explicit pictures of residents
Every resident is vulnerable to sexual abuse, particularly those with cognitive impairments, as it’s easier for abusers to manipulate them. Nursing home staff must have robust prevention protocols and reporting procedures.
Signs of Nursing Home Abuse and Neglect
Not all abuse has physical signs you’ll see immediately. Knowing what to look for in nursing home settings is essential for anyone who has a family member or loved one in a nursing home.
Physical Signs
Spotting physical injuries in nursing homes tends to be the easiest. Knowing the signs of elder abuse can help you ensure you’re making sure your loved one is being taken care of:
- Pressure ulcers
- Sudden head injury
- Unexplained bruises, burns, or cuts
- Unusual weight loss
- Broken bones, serious fractures, or sprains
- Dehydration and malnutrition symptoms
- Bruising around wrists and ankles suggests improper use of physical restraints
- Poor personal hygiene
- New, unexplained medical conditions
Severe cases can result in serious injuries and even death. Contact local authorities if your loved one is injured and needs immediate medical attention. Many residents are scared to report staff, such as registered nurses, for abuse because they fear adverse consequences.
Emotional Signs
Being in a nursing home can significantly affect a resident’s behavior. While that’s common, be on the lookout for sudden and prolonged signs of emotional neglect that are not age-related changes, like:
- Mood swings
- Sudden depression and anxiety
- Unusual fearfulness, especially around certain staff members
- Loss of interest in hobbies or social interaction
- Signs of Post-Traumatic Stress Disorder (PTSD)
Behavioral Signs
When a nursing home resident has sudden behavioral changes, it can indicate a larger problem. Behavioral changes that might indicate nursing home abuse or neglect include:
- Rocking or other self-soothing behaviors
- Aggression or agitation
- Regression in physical and mental abilities
- Reluctance to speak openly, especially around certain nursing home staff members
- Unusual sexual behavior
- Changing in sleeping patterns like insomnia or nightmares
Weight Loss or Malnutrition
Even if a resident chooses not to eat, it’s the nursing home’s responsibility to ensure that they’re getting proper nutrition and hydration. Signs that your loved one is suffering from malnutrition include:
- Frequent illness
- Sudden or drastic weight loss
- Weakness and lethargy
- Sunken cheeks and eyes
- Dental problems
- Clothes are too loose
Legal Rights of Nursing Home Residents
Every nursing home resident has rights. These rights protect them and ensure they have the best possible care and experience while living there. Unfortunately, these are often violated when abuse is present.
Right to Quality Care
Every resident, including high-risk residents, has the right to quality care, and nursing homes should uphold this right. The right to quality care includes:
- Proper medication management
- Regular medical assessments
- Appropriate medical care
- Individualized care plans
- Adequate supervision
- Professional and competent care
- Adequate staffing levels
- A clean and safe living environment free from safety concerns
Right to Dignity and Respect
Residents living in a nursing home deserve to be treated with respect and dignity. This right includes:
- Participation in care decisions (if cognitively able)
- Privacy during personal care
- Cultural and religious considerations
- Respect for personal preferences
- Maintenance of personal relationships
- Freedom to make their own medical and personal choices
Right to Be Free From Abuse and Neglect
Nursing homes must ensure residents are free from abuse and neglect. Every staff member, including administrative, nursing, certified nursing assistants, and anyone else working in the nursing home, needs to protect residents from:
- Physical abuse and restraint
- Emotional and psychological abuse
- Sexual assault and abuse
- Discrimination
- Neglect of basic needs
- Financial exploitation
- Retaliation for complaints
The Role of a Nursing Home Injury Lawyer
Legal representation, particularly from lawyers who understand elder law, can be invaluable when you pursue compensation.
Investigating the Incident
An experienced elder or nursing home abuse lawyer is invaluable when helping build your case. They’ll thoroughly investigate the situation, including:
- Identify regulatory violations
- Gather and analyze medical records, including medical bills
- Consult with medical experts to support your claims
- Interview staff, other residents, and any potential witnesses
- Review facility procedures and policies
- Document evidence of abuse or negligence
Building a Strong Case
Based on what you’ve told them and the findings of their investigation, your attorney will then build a compelling case for you or your loved one. Building a solid case involves:
- Establishing the standard of care
- Demonstrating how the nursing home didn’t meet that standard of care
- Documenting all damage and injuries incurred
- Securing expert testimony
- Identifying all the liable parties (staff members, administration, the nursing home, etc.)
- Preparing all the evidence for the presentation
Negotiating With Insurance Companies
When you file a personal injury claim for nursing home abuse or neglect, dealing with insurance companies can bring a lot of stress. Experienced personal injury lawyers will negotiate with the insurance companies on your behalf because they understand:
- Insurance company’s tactics to reduce payouts
- Settlement negotiation strategies to ensure maximum compensation for damages
- Fair compensation values based on the specific injuries incurred
- Timeline management
- Protection of client’s interests and rights
- Documentation requirements
Litigating the Case
Ideally, your lawyer and the liable parties can settle your claim out of court. If necessary, your lawyer will handle the litigation of your case. This includes:
- Filing necessary legal documentation
- Representing you in court proceedings
- Cross-examining witnesses
- Presenting evidence effectively
- Arguing your care in front of a judge and jury
- Protecting your rights and interests throughout the legal process
Secure Expert Legal Counsel!
Nursing homes and staff are responsible for caring for all residents, including finding ways to prevent nursing home injuries. While some injuries are accidental, proper patient safety protocols can prevent them.
If you or a loved one have suffered an injury while at a nursing home, you’re not alone. Whether it was a minor or serious injury, Nursing Home Law Center is here to help you hold the parties responsible accountable. We understand what common injuries are in nursing homes and how to protect the rights of injured residents during their stay. Don’t let nursing home negligence get brushed under the rug.
Contact us today for a free consultation by filling out our online form or calling (800)-926-7565.