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Nursing Home Abuse and Neglect

Nursing home abuse or neglect can be difficult to recognize because nursing home staff know how to conceal the evidence and victims are often too frightened or unable to communicate the abuse. In fact, 84 percent of abuse cases go unreported – and nursing home deaths are rarely investigated by medical examiners or law enforcement.

Legally, residents of nursing homes and other assisted living facilities have rights to protect them from what the law recognizes as “institutional abuse.” But victims must be able to report incidents in order to make sure those laws are enforced. Many factors unique to the nursing home environment prevent victims from speaking out on their own behalf. Abusers may be staff members, other patients or even visitors, and patients suffering from dementia or other health issues may not be able to alert anyone to the abuse.

Nursing home abuse and neglect generally falls into 7 categories:

  • Physical abuse -- infliction of pain or injury, including sexual abuse.
     
  • Misuse of restraints -- restraining a resident with either physical restraints or medicine (i.e., overmedicating a resident so that he or she will be “less trouble”) that falls outside any doctor’s orders or accepted medical practice.
     
  • Verbal / emotional abuse -- demeaning statements, harassment, threats, humiliation or intimidation.
     
  • Physical neglect -- disregard for the necessities of daily living such as food, water, bathing and basic care.
     
  • Medical neglect -- failure to provide medical care, such as ignoring a necessary medical diet, neglecting to call a physician when necessary, or not paying attention to the potential side effects of a patient’s medication.
     
  • Verbal / emotional neglect -- failure to meet the patients’ verbal / emotional needs including disregarding patients’ wishes, or restricting contact with family and friends.
     
  • Personal property abuse -- illegal or improper use of a resident’s property (funds, property, assets).

If your family member lives in a nursing home or assisted living facility, you should always watch for the following signs of potential abuse or neglect:

  • Mysterious bruises or lacerations that cannot be explained by a reasonable medical cause.
     
  • Lack of cleanliness -- in your loved one’s appearance, the condition of his or her room and the facility overall.
     
  • A change in demeanor that isn’t the result of failing health or mental state – for example, if your loved one is afraid of certain staff members or patients.
     
  • Failure to notice medical issues and summon proper medical care.

If you suspect an instance of nursing home abuse or neglect, document everything. Write down names, dates and details pertaining to the abuse. Discuss your concerns with the administration or staff -- but if the institution fails to immediately address the situation, contact a nursing home abuse attorney.

A lawyer with experience in nursing home abuse and neglect can properly investigate your claim. Your nursing home neglect lawyer should act as an advocate for your loved one and/or your family, and prepare an effective case strategy to hold the institution accountable and obtain appropriate financial compensation.

If you believe you may have a nursing home abuse / neglect claim, contact an experienced personal injury attorney for an initial case review. You have a limited time to file a lawsuit, so prompt legal action is important. Protect the rights of the elderly -- contact a nursing home abuse lawyer today.

 
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