Elder abuse in nursing homes is an unfortunate reality that affects far too many seniors. One US study found that 24.3% of seniors had been physically abused at least once while in a residential nursing home. There were 15,000 complaints submitted about nursing home abuse or neglect in 2020, and around 5 million people are affected each year.
While most nursing home staff work hard to provide quality care, reports of neglect, emotional abuse, physical harm, and financial exploitation remain common. If you suspect your loved one is the victim of nursing home abuse or negligence, it’s critical to understand your legal options and consider hiring an attorney.
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Common Forms of Nursing Home Abuse
Source: ianelli.com
Physical abuse is the most prevalent form of nursing home abuse. Intentional acts of physical harm, such as hitting, pinching, punching, etc., are potential crimes, as well as facility negligence.
Emotional abuse, or psychological abuse, occurs in 21% of cases. This includes screaming, name-calling, threatening, and intimidating behaviors from staff. No nursing home resident should endure verbal or emotional mistreatment.
Many other nursing home abuse claims fall under the umbrella of neglect, which accounts for 14% of all complaints. Some of the problems residents experience include:
Bed sores
Also called pressure ulcers, bed sores develop when a patient isn’t properly repositioned. They indicate neglect and can be extremely painful and lead to life-threatening infections.
Falls
When a senior with known fall risks isn’t properly supervised and suffers injury in a fall, the nursing home may be liable for negligence. With seniors, fall-related injuries can be serious.
Financial exploitation is the least common, occurring in only 7% of cases, but it can be just as devastating. This occurs when staff misuse access to steal money or belongings from a senior under their care. It may range from petty theft to changing legal documents and power of attorney to access larger sums.
Understand Your Rights
Source: fightforsurvivors.com
Regardless of the type of abuse suffered, families need to understand their rights and explore legal options. Nursing home abuse lawyers can investigate cases, determine whether grounds exist to pursue legal action, handle communications with the nursing home company and insurer, file lawsuits when appropriate, and represent clients’ best interests at every step.
Consult a Nursing Home Attorney
Matthew Minner, an experienced Kentucky nursing home abuse lawyer, shares the reasons why you should consult and potentially hire a nursing home abuse attorney, including:
- Determining Liability – Based on evidence and documentation, nursing home attorneys can analyze whether a legitimate legal claim exists. Most offer free consultations for this initial case review.
- Negotiating Settlements – Experienced lawyers commonly negotiate favorable out-of-court settlements on clients’ behalf, allowing them to avoid the stress of a trial.
- Trial Experience – Nursing home litigation can get complex if a trial becomes necessary. An attorney experienced in elder medical malpractice will know how to build the strongest case possible.
- Seeking Fair Compensation– With help quantifying short and long-term impacts in dollar amounts, lawyers pursue fair financial damages. This may aid enormously in paying for resulting medical bills, home care costs, and funeral expenses (in cases of fatalities from nursing home neglect or abuse).
The bottom line?
Source: msllaw.com
Nursing home abuse takes an appalling emotional, physical, and financial toll on too many of the seniors who only sought care they could no longer provide at home. If you are ever faced with this heartbreaking situation, know your rights. With a nursing home abuse lawyer as your advocate, you avoid having to take on the nursing home or its insurance company alone.
