Sending a loved one to a nursing home is never an easy decision. You do it so they can have professional medical attention, around-the-clock assistance, and a safe environment to grow old. You research facilities and trust that they will treat your loved one with dignity and respect. But even in the best-rated nursing homes, there are risks.
Nursing home abuse is caused by various reasons, such as inadequate staffing, lack of background checks when hiring caretakers, and poor training. All of these situations can do serious physical and emotional harm.
If you suspect your loved one is being subjected to neglect or abuse in their nursing home, it is necessary to take legal action. Understanding the types of nursing home abuse, legal options, and the process of filing a claim can help you make an informed decision. Let’s take a closer look:
What Constitutes Nursing Home Abuse?
Nursing home facilities are meant to provide care and support. Unfortunately, these standards are not always upheld. Nursing home abuse and neglect can take various forms, such as:
Physical Abuse
Any form of intentional harm or mistreatment that causes pain, injury, or distress is called physical abuse. Nursing home residents might be subjected to physical abuse by nurses, physicians, and other persons of authority.
- Physical abuse can involve:
- Hitting, slapping, punching, or kicking
- Using unnecessary restraints
- Rough handling during transfers
- Force-feeding
Signs of physical abuse can include bruises, cuts, broken bones, and burns. If your loved one needs frequent hospital visits, it could be a red flag.
Neglect and Abandonment
When a caretaker fails to care for a resident’s basic living needs, it comes under neglect. Members of the nursing staff might fail to provide sufficient food and water, forget to change the resident’s bed sheets, or fail to assist them with personal hygiene.
Signs of physical neglect:
- Dehydration
- Bed sores
- Unexplained weight loss
- Poor hygiene
- Untreated medical conditions
In severe cases, residents might be left unattended for hours, leading to serious medical conditions.
Medical Neglect
Medical neglect occurs when the nursing home or its staff fail to provide adequate medication and treatment. A negligent staff member might delay seeking medical attention for injuries or ignore symptoms of a medical emergency.
Common signs of medical neglect are:
- Untreated infections
- Incorrect medicine dosages
- Poor blood sugar levels
- Worsening health conditions
- Administering behavior-modifying medication without a prescription
Emotional Abuse
Emotional abuse can be just as painful as physical abuse. It occurs when a caregiver insults a resident or threatens to control them. This type of mistreatment involves:
- Verbal insults, threats, or humiliation
- Ignoring or isolating residents from social activities
- Intimidation or manipulation
- Deliberately withholding care or attention
Figuring out the signs of emotional abuse can be challenging. However, if your loved one starts withdrawing from social activities or you notice sudden behavioral changes, there could be foul play.
Financial Exploitation
A nursing care provider might take advantage of an elderly person’s finances. They can:
- Get access to the resident’s bank account and withdraw money.
- Steal a resident’s credit or debit card.
- Steal a resident’s cash and medication.
- Modify the power of attorney and get involved in the resident’s will.
In case of financial abuse, you might notice unexplained withdrawals from your loved one’s bank accounts or missing personal belongings.
Process of Filing a Nursing Home Abuse Lawsuit
The only way to hold the negligent party accountable is by filing a lawsuit. While the process can seem overwhelming, it can be broken down into various steps to help families take action. Here’s what you need to do:
Speak to Your Loved One
The first step is to privately speak to your loved one about their experience. Keep in mind that they may be reluctant to speak due to fear of retaliation or shame. Stay patient and encourage them to be transparent.
Document Everything
Next, gather the evidence to strengthen your case. If your loved one has sustained physical injuries, take photographs and make videos. You should also document any signs of negligence, such as unsanitary conditions or bed sores. If possible, record witness statements from other residents or visitors.
Consult a Personal Injury Lawyer
There are several components of a nursing home abuse lawsuit. Having a competent personal injury lawyer by your side can make a world of difference. They will:
- Evaluate the strengths and weaknesses of your case.
- Help you gather evidence and take witness statements.
- Explain your legal options.
- Represent you in negotiations or court proceedings.
Personal injury lawyers know the ins and outs of nursing home abuse cases. A reputable personal injury law firm, such as Bey & Associates, LLC can ensure the well-being of your loved one and help seek damages for their physical and emotional suffering.
File a Lawsuit
Once you and your lawyer have the necessary evidence, it is time to officially file a lawsuit. This involves:
- Drafting a complaint, which outlines the allegations against the nursing home, including the type of abuse and the harm caused.
- Filing the complaint in the appropriate civil court within the statute of limitations, which is the time limit for filing a lawsuit.
- Serving the nursing home with a legal notice.
The nursing home facility will be given time to respond to your lawsuit. They can either deny the claim, offer a settlement plan, or take matters to trial.
Choose Between Settlement and Trial
Many nursing home abuse cases are settled out of court. During settlement negotiations, the facility offers compensation to avoid going to trial. Having a personal injury lawyer at this stage is critical. They will evaluate the facility’s offers and suggest the best course of action.
If the facility fails to offer a fair compensation amount, you can reject it, and the case will proceed to trial. During the trial, the evidence will be presented to a judge or jury. A verdict will be issued, determining whether the nursing home is liable and what compensation is awarded.
Potential Compensation in Nursing Home Abuse Cases
Victims of nursing home abuse and their families can get compensation depending on the severity of the abuse and the facility’s negligence. You can get compensation for:
- Medical expenses (past and future)
- Pain and suffering
- Financial losses, typically due to fraudulent transactions or changes to the will
- Emotional distress
- Punitive damages if there was extreme negligence
- Wrongful death damages for families to cover funeral costs and other expenses
Nursing home abuse is a serious criminal offence. Holding nursing home facilities accountable not only provides justice but ensures safer conditions for all residents.
