Placing a loved one in a nursing home is often a difficult decision that families make, trusting that the facility will provide the care and support their family member’s needs. Unfortunately, nursing home abuse and neglect are serious issues that can affect vulnerable residents in these facilities.
According to the World Health Organization (WHO), around 1 in 6 people who are 60 years or older experience some sort of abuse in community settings, and rates of abuse are high in institutions.  Â
Identifying abuse, understanding the legal process, and knowing when to contact a nursing home abuse attorney can be overwhelming for families facing such difficult circumstances. We share what to look out for and how you can help a loved one if you suspect they’re in this situation.
What Is Nursing Home Abuse or Neglect?
Nursing home abuse or neglect refers to the mistreatment of a resident by caregivers, staff members, or other individuals within the facility. Abuse can take many forms and involve many signs:
- Physical: Physical abuse involves causing harm or injury to a resident through force or violence. Examples include:
- Hitting, slapping, or punching
- Pushing or shoving
- Restraint abuse
- Force-feeding
- Burns or scratches
- Emotional: Emotional or psychological abuse involves causing mental harm or distress to a resident through verbal or non-verbal means. Examples include:
- Verbal threats or yelling
- Humiliation
- Isolation
- Intimidation
- Manipulation
- Sexual: Sexual abuse refers to any non-consensual sexual activity or behavior. Examples of sexual abuse in nursing homes include:
- Unwanted touching
- Assault
- Exposing a resident to pornography or sexual behavior
- Coercion
- Inappropriate comments
- Financial: Financial abuse involves the illegal or unethical exploitation of a resident’s financial resources. Examples of financial abuse include:
- Stealing money or valuables
- Forgery
- Exploitation of financial accounts
- Manipulating finances
- Overcharging or unnecessary services
Nursing home neglect occurs when a nursing home fails to meet the basic needs of a resident, such as providing adequate food, water, medical care, or hygiene. It can result from intentional mistreatment or a lack of proper training and attention to the resident’s well-being. Examples of neglect include:
- Improper Medication Management: Staff members who aren’t properly trained in administering medication may give the wrong dose or fail to follow a resident’s prescribed schedule, leading to health complications. This can also include failing to recognize the side effects of medication or not knowing how to handle allergic reactions.
- Failure to Follow Safety Protocols: Without proper training, staff may not follow safety procedures like using assistive devices properly, ensuring residents’ safety during transfers, or checking for hazards like wet floors. This can lead to falls, injuries, and preventable accidents.
- Inadequate Supervision of High-Risk Residents: Some residents may require constant supervision due to conditions like dementia or limited mobility. A lack of attention can result in wandering, self-harm, or accidents. For example, a resident with dementia may wander out of the facility if staff are not properly trained to monitor them or secure exits.
- Failure to Recognize or Address Signs of Illness: If nursing staff are not trained to identify signs of infections, dehydration, or other medical conditions, it may lead to delayed treatment. For instance, a staff member might not recognize the symptoms of a urinary tract infection (UTI) or a pressure ulcer until it worsens, causing unnecessary suffering for the residents.
- Poor Hygiene Practices: Inadequate staff training in basic hygiene practices may lead to neglect in maintaining personal care for residents, such as bathing, brushing teeth, changing soiled clothing or bedding, or keeping residents clean and dry. This can result in conditions like bedsores, urinary tract infections, or skin infections.
- Insufficient Response to Resident’s Needs: If staff aren’t adequately trained to respond to special needs regarding diet or mobility, it can lead to malnutrition, dehydration, or physical injuries.
- Lack of Crisis Management Skills: If staff members haven’t received proper crisis management training, they may struggle to de-escalate the situation or provide first aid during an emergency.
- Inadequate Staff-to-Resident Ratio: When there aren’t enough trained staff to care for residents, the staff who are present may become overwhelmed, neglecting residents’ needs, such as helping them with daily activities.
Learn more about what to look for in a nursing home.
When Can You File Nursing Home Abuse Claim?
If you suspect that your loved one is experiencing abuse or neglect in a nursing home, you may wonder when you can file a nursing home abuse claim.
The answer depends on various factors, including the type of abuse and how quickly you can gather evidence. It’s essential to act promptly, as the longer the abuse continues, the more harm it can cause to the resident’s health and well-being.
A claim can generally be filed as soon as you notice signs of abuse or neglect or when you have enough evidence to support the allegation. Consulting with an attorney experienced in nursing home abuse cases can help you understand the best course of action.
Who Can Be At Fault in a Nursing Home Abuse Claim?
Several parties may be considered at fault in a nursing home abuse claim, depending on the circumstances. These can include:
- Nursing Home Staff: Employees directly involved in the abuse or neglect, such as caregivers or nurses, can be held liable for their actions.
- The Nursing Home Facility: The facility itself can be held accountable for failing to ensure adequate care, train staff properly, or maintain appropriate safety standards.
- Third-Party Contractors: Sometimes, external service providers like medical professionals or maintenance staff can be held responsible if their actions contributed to the abuse or neglect.
- Supervisors or Administrators: If a supervisor or facility administrator fails to address complaints or investigate abuse allegations, they may also be held liable for enabling or ignoring the abuse.
Steps to Take for a Nursing Abuse Claim
If you believe your loved one is a victim of abuse or neglect in a nursing home, there are several steps you should take:
- Document the Evidence: Record any signs of abuse or neglect, including photographs, medical records, and witness statements. This documentation can be critical in building your case.
- Report the Abuse: Notify the nursing home administration immediately and contact state or local authorities, such as adult protective services or the police, to investigate the matter.
- Seek Medical Attention for the Victim: Ensure your loved one receives any necessary medical care to address their injuries and maintain their well-being.
- Consult a Nursing Home Abuse Attorney: An experienced attorney can help you understand your legal rights, guide you through the claims process, and represent you in court if necessary.
- File a Claim: Your attorney can help you file a claim against the responsible parties to seek compensation for damages such as medical bills, pain and suffering, and emotional distress.
Nursing Home Neglect Lawyers at DM Injury Law
If you or a loved one has been affected by nursing home abuse or neglect, seeking help from an experienced attorney is crucial.
At DM Injury Law, our nursing home neglect lawyers are dedicated to protecting the rights of vulnerable individuals and ensuring they receive the care and compensation they deserve. Our team can help you navigate the legal process, provide expert representation, and fight for justice on behalf of your loved one.
Contact us today to schedule a free consultation and take the first step toward securing justice and peace of mind for your family.
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