What to Do If You Suspect Nursing Home Neglect
Leaving your elderly loved ones in a nursing home can be a tough, gut-wrenching decision. Maybe you’re too busy working a full-time job to care for them, or perhaps you believe that professional caregivers are more equipped to care for ailing seniors with complex medical conditions. So, you inevitably entrust the people you care for to these facilities. That’s why it’s heartbreaking to visit them only to see they’re not being taken care of the way you had hoped.
When we help our elderly loved ones move into assisted living homes, we expect them to receive the care they need and to be protected. Unfortunately, as many as 95% of nursing home residents report that they’ve experienced neglect in their facility or have seen another resident getting neglected. Another 40% have also reported abuse.
Many cases of elder abuse and neglect go undetected every year. In fact, despite the vast majority of nursing home residents reporting neglect, only two million cases of elder abuse cases are filed every year in the United States (although it’s reasonable to assume there are many more that go unreported).
When you suspect that your loved ones are being neglected in a nursing home, you may feel a myriad of emotions, from anger to extreme guilt. Even with the distress and mental anguish you and your family might feel, it’s important to take action and address the issue. In this guide, we’ll tell you exactly what to do when you see signs of neglect in a nursing home.
What Is Considered Negligence in a Nursing Home?
Neglect in a nursing home refers to the failure of the facility and its caregivers to give its elderly patients the level of care, attention, and supervision expected. This breach in their duties typically results in putting the resident in harm’s way. It also includes acts of omission where a caregiver fails to meet an elderly resident’s needs, whether it’s nutrition, personal hygiene, or taking the right medicine at the right time. The worst cases of nursing home neglect can result in debilitating illnesses and even a wrongful death at the hands of a negligent caregiver or nursing home.
Most of the time, neglect in a nursing home stems from one caregiver breaching their duty of care to the resident. But in some cases, neglect also manifests in the form of a lack of maintenance and poor equipment within the premises of the nursing home.
Examples of Patient Neglect in a Nursing Home
Neglect in a care home comes in many shapes and forms. To be able to recognize it and call it out, it’s important to be aware of the many ways it can materialize. Here are just some examples of neglect in a nursing home.
Abandonment Leading to Harm
This type of neglect occurs when a caregiver abandons a resident that they’re meant to be supervising, which causes harm to them. This typically happens when an elderly patient has disabilities and limited mobility. When a resident is bedridden, it means they need extra attention and care. But when they’re abandoned and aren’t given the attention they need, the neglect can result in physical injury or preventable medical conditions. These include the following:
- Bedsores on the resident’s body because caregivers fail to reposition them in bed. These sores can become infected and lead to health complications.
- Muscle atrophy when no caregivers encourage the resident to sit up or move.
- The resident falling from their bed, leading to head injuries, fractures, or bruises.
- Medical emergencies that caregivers don’t notice, leading to catastrophic health conditions or even death.
Abandonment can also happen when a resident wanders the facility without the supervision they require. When left for long periods, they can fall down steps or not receive a response when they call out for help.
Neglect of Basic Needs
Another form of neglect is when facilities fail to give residents their basic needs, including food and water, leading to issues like malnutrition and dehydration.
This also includes neglect of a resident’s personal hygiene, like not allowing residents to bathe, not changing their diapers, or failing to do their laundry. Neglecting to clean their living conditions, resulting in unsanitary living spaces, is also a form of abuse, especially if it leads to sickness.
Medical Neglect
Nursing homes and facilities commit medical neglect or malpractice when they fail to treat a resident for their health problems. This includes not giving an elderly patient their medicines on time, giving them the wrong dosage, and not giving them the medical attention they need when they have symptoms of illness. These can result in worsened health conditions and even death when the nursing home neglects to respond to emergencies, like heart attacks or strokes.
Social Neglect
Elderly patients in nursing homes can also fall victim to social neglect, which is when caregivers isolate them from others, leading to no social interaction. That means the residents get no companionship, which can lead to depression, anxiety, agitation, strong feelings of loneliness, and cognitive decline.
What To Do if You Suspect Nursing Home Neglect
When you see signs of possible nursing home neglect when you visit the people you love, don’t let the guilt and anger get the best of you. The most important thing you can do to help your elderly loved ones is to spring into action so you can stop the abuse and hold the facility accountable as soon as you can.
Not sure where to start? Here are some things you can do when you suspect nursing home negligence.
Alert the Authorities if There’s an Imminent Threat
If your loved one is in immediate danger because of the nursing home’s negligence, you should call 911 immediately. This will help get the medical attention the elderly patient needs. The police will also investigate the crime and report possible signs of neglect and abuse before your loved one could be severely hurt. It also gives you the assistance you need to immediately remove the resident from the dangerous nursing home and move them to another facility if you wish.
This simple 911 call won’t just help you get your loved one the urgent care and treatment they need. It also triggers an official investigation into the facility and who might be held liable for the neglect the elderly patient experienced.
Gather Evidence of the Suspected Nursing Home Malpractice
When you suspect that your loved one is being abused or neglected, it’s essential that you first begin to document the signs. Take note of your loved one’s behavior and write down descriptions of their injuries.
If you can, get written statements from witnesses and take photographs of your loved one’s injuries. The more evidence you gather, the more quickly your elder abuse lawyer will be able to handle your case later on.
Here are some examples of strong evidence of neglect you should gather for documentation:
- Photos of bedsores, bruises, and other injuries visible to the eye.
- Medical records of fractures from falls, malnutrition, dehydration, or worsened health conditions from medical neglect.
- Photos and videos of the elderly patient’s poor living conditions or soiled clothes.
- Staff reports and medical charts showing that the patient was not given the medication they needed for any ailments.
- Psychological evaluations by an expert showing the effects of neglect, such as depression or a cognitive decline. These reports can help establish patterns of neglect and abuse, which can strengthen your case later.
File a Complaint at the Facility
Any reputable nursing home should have processes for residents and their families to file formal complaints about their operations and staff procedures. File a report about the neglect you suspect, and don’t be afraid to call out specific caregivers you think might not be doing their job properly. If you have evidence of the suspected neglect and abuse, attach it to your written report and send it off to the nursing home’s administrators.
Filing a formal report shows the facility’s administrators your dissatisfaction with their care and service. This gives the nursing home a chance to investigate the issue internally and make the necessary changes without having to escalate the situation by involving the government. If they find the problems within the care home to be systemic, it also gives them the opportunity to assess their current staff and change certain policies to make sure residents are safe and cared for properly.
Report It to the Department of Health
If the nursing home does not take action after you file a formal complaint, report the facility to the Department of Health (DOH). Most states allow people to file their complaints to the DOH online for convenience. This triggers an official investigation of the facility, which might force them to address complaints of neglect immediately.
Hire an Experienced Elder Abuse Attorney and Sue
Finally, consider contacting an elder abuse attorney and filing a lawsuit against the nursing home. An elder abuse attorney understands the laws of your area and knows the best way to navigate elder abuse and neglect cases. If a lawyer finds reason to believe that multiple residents have experienced neglect in the nursing home, they can also assist in filing a class-action lawsuit.
Our experienced elder abuse lawyers at Stipp Law Firm can guide you through the legal process of taking action against neglectful caregivers at a nursing home. We’ll assist in proving neglect on the part of the nursing home, giving you the best chance at a good settlement.
Aside from building your case and helping you gather evidence, we can also help you secure compensation from damages like medical bills and pain and suffering after your loved one’s traumatizing experience. We’ll guide you through the complexities of elder abuse law and advocate for your elderly loved ones’ rights until they get the justice they deserve.
Tell-Tale Signs of Care Home Negligence
There are many signs of elder abuse that are easy to see. But recognizing neglect is a bit trickier, since it doesn’t only manifest in physical injuries. Here are some red flags and signs of neglect in a nursing home to help you assess your suspicions before taking legal action against the facility:
- Unexplained injuries, like bedsores and fractures
- Sudden, unexplained weight loss and malnutrition
- Missed doses of the patient’s medication
- Loss of mobility in a patient if they’ve been left for prolonged periods without assistance
- Signs of poor personal hygiene, such as unwashed hair, body odor, soiled clothes, overgrown nails, and unclean dentures
- Residents wandering around the facility with no assigned caregiver to supervise them
- An overworked and seemingly understaffed team at the facility
- Poor medical record-keeping on the part of the facility, which indicates inadequate attention and supervision of the residents
What Damages Can I Get in a Nursing Home Neglect Case?
If you choose to take legal action against a nursing home because of their negligence, there are many kinds of damages you can demand from those found liable. These include the following:
- Economic damages: Financial losses of the victim because of the harm the negligent caregivers put them in, including medical bills, therapy, rehabilitation treatments, and prescription medications.
- Non-economic damages: Calculated based on the pain and suffering of the victim. These include damages for lowered quality of life, mental anguish, and humiliation.
- Punitive damages: Compensation on top of economic and non-economic damages if it’s proven that the nursing home acted out of malicious intent or was extremely indifferent to the situation.
Your legal counsel will help you determine the exact cost that you can demand depending on your unique case and the evidence you present. Rest assured, if you work with an elder abuse attorney from Stipp Law Firm, they’ll work tirelessly to give you the maximum compensation possible. That way, your elderly loved one can get the justice they deserve and enough money to live a safe, comfortable life moving forward.
How to Anonymously Report a Nursing Home
Some people might wish to report a nursing home for suspected neglect and abuse anonymously. This is a great way to protect residents against elder abuse without having to fear retaliation from the facility should the complaint be traced back to you. Nursing home staff might also want to report neglect they witness from other caregivers without putting their own jobs at risk.
To report a nursing home anonymously, all you have to do is contact your state’s Department of Health or your area’s ombudsman program. This ensures that your details will be kept private while still doing the most you can to take action against neglectful care homes.
Nursing Home Negligence Cases We’ve Handled
Our elder abuse attorneys at Stipp Law Firm have a proven track record of bringing abusive, negligent nursing homes to justice and securing the maximum compensation for our clients. Here are just some of our notable victories that show how hard we fight for the rights of abused elderly persons.
- Elder Abuse, $525,000: Our client was in her 90s and was living in an assisted living facility when she fell multiple times due to negligent caregivers. From these falls, she suffered from a subdural hematoma and some fractured bones. Our attorneys were able to obtain a big compensation for her.
- Elder Abuse, Neglect, and Medical Malpractice, $521,000: Our elderly client had a complex medical history. While living in a facility, he fractured his hip and developed ulcers due to the staff’s neglect. We were able to get the other party to settle, securing a big amount for our client.
- Elder Abuse and Neglect, $355,000: Our elderly client, who was staying at a nursing home, had a skin condition that staff failed to treat. We got them to settle, providing a hefty amount to our client.
Take Legal Action Against Nursing Home Neglect with Stipp Law Firm
Navigating the legal complexities of elder abuse and neglect can be gut-wrenching and emotionally charged, especially when you see the effect it has on your loved ones. Not only does it leave elderly people traumatized, but it also causes distrust in nursing homes for families.
With Stipp Law Firm, you don’t have to feel helpless and powerless about discovering signs of nursing home neglect. Our compassionate, experienced elder abuse lawyers can help you build a strong case, prove neglect, and advocate for the rights and dignity of elderly persons. If you or an elderly loved one has been the victim of nursing home abuse or neglect, contact us for a FREE CONSULTATION today. Let’s bring those liable to justice and get the compensation your loved ones deserve.
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Nursing Home Negligence San Diego, California