Every year hundreds of thousands of elderly persons are abused, neglected, or exploited. If you or a loved one has been the victim of nursing home abuse, you should contact a nursing home lawyer as soon as possible. A nursing home abuse attorney can help you get the necessary care and money damages for any injuries sustained as a result of the abuse or neglect.
What Is Elder Abuse?
Elder abuse generally refers to any knowing, intentional, or negligent conduct by a caregiver or other person that causes harm or serious risk of harm to an elderly person. Elder abuse can occur in one’s home, in a hospital, or in a nursing home facility.
The specific laws and definitions of elder abuse vary from state to state, but in general, elder abuse can include: physical abuse, neglect, emotional abuse, neglect, and financial exploitation.
Nursing home abuse is a type of elderly abuse that occurs in an institutional setting, such as a nursing home facility or home health program. Nursing homes are sometimes overcrowded and understaffed, and as a result, nursing home neglect is a common form of nursing home abuse. If you think that a loved one is the victim of nursing home abuse or neglect, you need to act quickly to remove the individual from a potentially dangerous situation and to protect his or her legal rights. Contact a nursing home abuse lawyer today.
Common Signs of Nursing Home Abuse
The following are some signs of nursing home abuse or neglect:
Bed sores are one of the most common signs of nursing home neglect. Bed sores are pressure sores that appear on the skin due to decreased blood flow to the area. Common places for bed sores include the tailbone, ankles, elbows, and heels. Some patients are more at risk for bed sores than others and nursing homes have an obligation to identify high-risk patients so that they take the appropriate preventative measures. Risk factors for bed sores include: immobility, poor nutrition, poor hydration, peripheral vascular disease, and diabetes.
Bed sores can be prevented by regularly turning and repositioning patients to relieve pressure on certain areas of the body. Additionally, pressure relieving devices – such as mattresses, heel protectors, and boots – can be used to help prevent bed sores.
Common Causes of Nursing Home Injuries
Fall injuries, such as broken bones and spinal cord injuries, are also common nursing home injuries. According to the CDC, approximately 1,800 nursing home residents die each year from fall-related injuries. Although only about 5% of adults 65 and older live in nursing homes, nursing home residents account for about 20% of deaths from falls in this age group. Even those falls that don’t result in death can result in injuries that result in permanent disability and reduced quality of life, such as spinal cord injuries and paralysis. In fact, falls among seniors result in more spinal cord injuries than auto accidents.
Because seniors are more susceptible to falls, nursing homes need to take certain preventative steps to protect the safety of their residents and the failure to do so can result in liability for nursing home negligence. For instance, nursing homes should assess a patient’s risk for falls and other injuries upon admittance, and implement the appropriate safety measures to minimize the risk of injury. Risk reassessments should also occur periodically. Bed rails, non-skid footwear, walkers, and canes can also be used to prevent falls and injuries.
Because nursing home patients are often on a number of prescription medications, it is very important that nursing home staff closely monitor and track residents’ medications. According to the National Coordinating Council for Medication Error Reporting and Prevention, medication errors injure approximately 1.3 million people in the U.S. each year. Some of the most common types of medication errors include: improper doses of medicine, giving the wrong drug, adverse drug interactions, and administering the drug incorrectly. If a nursing home is negligent in the administration or prescription of medication, it can be held liable for medical malpractice.
Many seniors and nursing home patients experience psychological and emotional problems as a result of medical conditions and the aging process. Like all doctors, psychiatrists owe their patients a duty of care, and the failure to provide the appropriate psychiatric treatment could amount to malpractice. If the nursing home facility provides negligent psychiatric care, it could also be liable for nursing home abuse. Common types of psychiatric malpractice include: sexual misconduct, abuse of power, sharing information without patient’s consent, threatening the patient, failing to diagnose a psychiatric condition, and medication errors.
What to Do If You Suspect Nursing Home Abuse or Neglect
If you suspect that a loved one is the victim of nursing home abuse or neglect, you should immediately bring your concerns to the attention of the facility’s management. You may also want to report the suspected elderly abuse to the state agency responsible for overseeing nursing homes and investigating claims of elder abuse.
You should also consult with a nursing home abuse lawyer about any potential legal claims. The victims of nursing home abuse or neglect and their families may be able to recover money damages for any injuries sustained as a result of the negligent or intentional misconduct.
If, after talking with an elder abuse attorney, you decide to pursue a legal claim against the nursing home facility, there are a number of steps that go into the process. For instance, a nursing home abuse lawsuit will involve the following:
In some cases, the state agency may also pursue legal action against the nursing home facility if it believes that the facility has violated healthcare regulations.
Although pursuing a nursing home abuse claim may seem overwhelming, an elder abuse attorney will guide you through the process, help you understand your rights and options, and fight to get you or your loved one money damages.
Financial Recovery for Nursing Home Abuse and Neglect
If you are successful you may be able to recover the following money damages:
Unfortunately, some states limit the amount of money you can receive for some damages, such as emotional distress or pain and suffering. These limits can prevent you from getting the money you deserve. A nursing home abuse lawyer in your state can help you understand whether your case would put a limit on the amount of money you can receive.
In a limited number of nursing home abuse cases, you may also be able to recover damages to punish the facility for its conduct. These damages are intended to punish the nursing home facility to prevent others from being hurt or killed.
Get Money for Fatal Medical Errors
If a loved one dies as a result of nursing home abuse or neglect, you may be able to get money in a wrongful death lawsuit. Although no amount of money can bring back a loved one, money damages can help ease the financial difficulties caused by the death and hold the negligent nursing home facility responsible. A wrongful death lawsuit may provide money for the following: medical bills, funeral expenses, loss of future income and benefits, loss of future inheritance, loss of parental guidance, loss of spousal companionship, pain and suffering, and emotional distress. As discussed above, some states limit the amount that can be recovered in a wrongful death lawsuit so it is important to discuss any damages laws with a nursing home abuse lawyer.
Contact a Medical Malpractice Lawyer
It is important to contact a nursing home abuse attorney as soon as possible if you think that you or a loved one might have been the victim of nursing home abuse or neglect. Because there are strict time limitations on when an injured person can file a nursing home abuse lawsuit, it is important to talk to a nursing home lawyer as soon as you can. The time in which a person may file a nursing home abuse lawsuit varies from state by state, and a nursing home lawyer will be able to determine the applicable time period and get the patient the necessary medical care.