What Is Nursing Home Abuse?

Nursing home abuse refers to any mistreatment or neglect of nursing home residents. Abuse can come at the hands of staff members or other residents. About 10% of adults over 60 have experienced a form of elder abuse, and that includes nursing home abuse.  Though typically referred to as nursing home abuse, this type of abuse can occur in any setting where seniors are cared for, including nursing homes, assisted living facilities, and in-home care.

These facilities and institutions are meant to provide a safe and comfortable living environment for elderly individuals who need assistance with daily activities or have health concerns that require medical attention. Unfortunately, not all nursing homes provide adequate care and in some cases subject residents to abuse.

Types of Nursing Home Abuse

Like with other types of abuse, nursing home abuse can include any combination of several forms. It can be direct, such as physical, emotional, sexual, or financial abuse. It can also be more indirect, as in the case of medical neglect or intentional withholding of care.

• Physical abuse: Physical abuse is the use of force to cause harm to a resident. It can include hitting, slapping, kicking, and pushing. Physical abuse can also include the inappropriate use of restraints or medication.

• Emotional abuse: Emotional abuse is the use of verbal or non-verbal communication to cause emotional distress to a resident. It can include belittling, insults, threats, and isolation from family and friends.

• Sexual abuse: Sexual abuse is any unwanted sexual contact or activity. It can include touching, fondling, or rape, and can be perpetrated by staff members or other residents.

• Financial abuse: Financial abuse is the exploitation of a resident’s financial resources. It can include stealing, forging signatures, and coercing a resident to give away money or property.

• Medical neglect: Medical neglect is the failure to provide necessary medical care or treatment. It can include withholding medication, failing to monitor a resident’s condition, and neglecting to treat injuries or illnesses.

Any of these forms of abuse is a serious crime and a breach of trust that could potentially find the guilty party liable for damages.

Signs of Nursing Home Abuse

It can be difficult to recognize signs of nursing home abuse, especially if the resident is unable to communicate or is fearful of speaking up. If you’re not there around the clock, you may not see the abuse occur, so it’s important to be able to identify some potential indicators.

Signs of physical abuse can include injuries such as bruises, cuts, or broken bones. Unexplained bruises or bleeding around the genital area can be signs of sexual abuse. Changes in behavior such as increased agitation, fear, or withdrawal could be signs of several types of abuse, such as sexual, emotional, or physical. Unexplained changes in a resident’s finances or missing personal belongings can be a sign of financial abuse.

What Actions Are Considered Nursing Home Abuse?

Each year, thousands of elder seniors claim to have suffered abuse in their care facilities.

Abuse can be physical, sexual, emotional, or financial.

A nursing home injury lawyer deals with cases that involve physical harm, namely physical abuse, sexual abuse, and negligence.

Nursing home abuse can be a single event or a series of abusive behaviors.

Your attorney will examine anything that may have caused or worsened the injury.

It’s important that if you witness or experience a form of nursing home abuse, you reach out to authorities as soon as possible.

You’re encouraged to call the police, your state’s ombudsman, or the Adult Abuse Hotline.

You can quickly find emergency phone numbers online.

Examples of Nursing Home Abuse Cases

Some historical examples of nursing home abuse include:

• Luis Gomez was a male nurse who sexually abused six elderly female nursing home residents in the 1990s. He was found guilty in 2017 on six counts relating to the assaults.
• In 2018, a disabled woman gave birth in the nursing home where she lived. Her disability prevented her from possibly consenting to sex, so when one of her caretakers was discovered to be the father, he was immediately charged with sexual assault.

It’s important to note that, while statistically, age may play a factor in nursing home abuse, any resident of an assisted living facility can be a victim.

Nursing Home Medical Negligence

Medical negligence, similar to medical malpractice, is when a medical professional ignores the standard of care that they’re expected to follow in their position.

It could be a doctor lying about their patient’s diagnosis, a surgeon performing unnecessary surgeries, or a radiologist ignoring lab results, for example.

Medical negligence can also take place in a nursing home.

If you think medical negligence is taking place in a nursing home, you may want to ask a nursing home injury lawyer the best way to intervene.

Are Bedsores A Sign of Nursing Home Negligence?

Bedsores make up a significant portion of nursing home negligence cases.

They are highly preventable which means the plaintiff or the victim’s family immediately looks to the staff for an explanation.

In some cases, a nursing home will actively try to hide the presence of bedsores in their facility.

Situations like this are especially damaging for those who are in charge.

If you or someone you know lives in a nursing home and is beginning to suffer from a skin condition, it could be the start of bedsores.

Immediately ask the staff about it.

Their answer is crucial in preventing further illness and for evidence in a potential lawsuit.

How Common Is Nursing Home Abuse?

These nursing home injury statistics show how big the problem is:

• In 2014, government officials received more than 14,000 complaints of abuse, neglect, or exploitation in nursing homes. This accounts for almost 8% of all nursing home residents.
• Over half of nursing home employees admitted to abusing or neglecting patients in 2010.
• Physical abuse makes up a quarter of abuse complaints in nursing homes. Gross neglect is 14%.
• In 2000, a study found that 95% of elder nursing home residents said they’ve seen or experienced neglect.
• A majority of abuse victims don’t talk to a nursing home injury lawyer which is why they never receive compensation.

Preventing Nursing Home Abuse

Preventing nursing home abuse requires a multi-faceted approach. Facilities need to ensure that staff members are adequately trained in recognizing and preventing nursing home accidents and abuse. Background checks and thorough screening processes should be in place to prevent individuals with a history of abuse from working in the industry.

Residents should also have access to a support system, such as family or friends, who can advocate for their needs and speak up if they suspect abuse. Nursing homes should have protocols in place to investigate any allegations of abuse and take appropriate action.

If abuse is suspected, it is important to report it to the appropriate authorities. This includes the nursing home administrator, the local ombudsman, or Adult Protective Services. In cases of suspected criminal activity, law enforcement should be contacted.

Nursing Home Liability: Are Nursing Homes Liable For Falls?

The main purpose of a nursing home is to take care of elder individuals who can no longer care for themselves.

Employees, therefore, have many responsibilities with their clients.

Some responsibilities include, but are not limited to:

• Hygiene
• Sanitation
• Nutrition
• Medical care

But whose fault is it when something goes wrong?

Liability depends on the circumstances.

If evidence shows the injury to be the result of, say, the carelessness of a staff member, then a case against the nursing home might be viable.

The nursing home may also be liable if they failed to uphold certain responsibilities and it led to an injury.

Sometimes a nursing home injury is neither the victim nor the nursing home’s fault.

For example, if an elder person takes a pill that ultimately harms them, it could be the maker of the pill who’s liable rather than the nursing home.

The same applies to faulty medical equipment such as a walker or IV bag.

It’s best to consult a nursing home injury lawyer about who is liable for your injury.

How To File A Nursing Home Abuse Lawsuit

If you believe you or a loved one has been a victim of nursing home abuse, you can begin by calling a nursing home abuse lawyer and telling them what happened. Legal counsel can help to determine if a nursing home abuse lawsuit is the right option for you.

Nursing home abuse attorneys are experienced in personal injury cases, so they can help with filing a lawsuit. After agreeing to take your case, your lawyer will begin to gather evidence for your case. Names, photos, videos, and receipts are all helpful pieces of evidence that can help build your case as strong as it can be.

Your nursing home abuse attorney will then examine the facts and evidence to determine liability for you or your loved one’s injuries. The total cost of these injuries is generally described as a combination of compensatory damages and punitive damages.

You, as the plaintiff, will seek compensation from the liable party to cover these damages.

Other Important Nursing Home Abuse Lawsuit Considerations

It is important to mitigate injury by seeking medical treatment right away and following your doctor’s orders. In addition to taking care of yourself or a loved one, this is an important part of building a strong nursing home abuse lawsuit argument.

Your state’s statute of limitations bars you from taking legal action after a specific amount of time has passed, so do not hesitate to seek legal aid from a nursing home abuse lawyer as soon as possible after the incident.

How Long Does A Nursing Home Lawsuit Take To Settle?

The timeline of a nursing home lawsuit is variable, but can generally take at least 18 months to complete. The exact length will depend on the discretion of the court, the strength of the case, and whether it’s criminal or civil.

It’s always ideal to begin the legal process as soon as possible. Every state has a statute of limitations, and it’s easier to gather evidence when the abuse is still recent. Your nursing home injury lawyer will guide you through each phase of the lawsuit.

Hiring A Nursing Home Injury Lawyer

The nursing home abuse lawyer team at TorHoerman Law are experts at elder injury cases.

We know the difficulty of confronting the perpetrators while trying to recover from trauma.

If you’ve suffered in any of the ways described, you can contact us at (888) 508-6752 or use the chatbot below for a free instant online case evaluation.

You should also strongly consider reporting the abuse at the Adult Abuse Hotline at (800) 222-8000.

At TorHoerman Law, we offer contingency fee options for all nursing home abuse lawsuit clients.

We also offer free no-obligation case consultations for all potential clients.

So, contact a nursing home abuse lawyer at TorHoerman Law today to discuss your options, free of charge and no obligation required.