Nursing Home Abuse

If you worry for the safety of your elderly or disabled family member, or if you suspect nursing home neglect has already caused serious injury, contact the law firm of Harbin & Burnett LLP.

Nursing Home Abuse & Neglect Lawyers

It is a well-known fact that our population is aging. Currently, more than 1.5 million people live in nursing homes. While many nursing homes do provide good care, others do not, subjecting helpless residents to needless suffering and even death. Often these nursing homes are not sufficiently staffed and their employees are not properly trained.

Understaffing and lack of training can lead to nursing home neglect or abuse. This means a very painful existence for residents who depend on the nursing home staff for the basic essentials of life like food, water, medicine, toileting, grooming, and turning. When a nursing home fails to provide treatment, care, goods or services required to preserve a resident’s health, safety, or welfare, and the resident suffers injury as a result, the facility may be liable for nursing home neglect or abuse.

Although the nursing home resident or family can file a lawsuit to seek compensation for injuries suffered as a result of the nursing home neglect, most families prefer to prevent neglectful situations from arising in the first place.

The federal government has defined high-quality nursing home care. All nursing homes and assisted living facilities that get federal funds via Medicare or Medicaid must prevent all of the following conditions, and its a good checklist for investigating nursing home neglect. Signs of nursing home neglect that you might observe in the resident include:

  • Lack of devices to assist with and maintain patients vision and hearing
  • Unexplained falls and inadequate fall prevention measures
  • Bone fractures caused by improper transfers to and from bed, chair, bathroom and shower
  • Failure to provide treatment for acute injuries
  • Malnutrition or dehydration, or lack of access to food and water
  • Unhygienic, unsafe or unclean living conditions
  • Inadequate help for residents with incontinence
  • Serious medication errors, either by failure to account for medication interactions or failure to properly dispense prescribed medication
  • Untreated bed sores, also known as decubitus ulcers or pressure sores
  • Physical or sexual assault by staff or violent residents who are inadequately supervised

Other examples of nursing home neglect might be visible throughout the facility. Signs include:

  • Inadequate clinical records
  • Insufficient staff, especially the lack of properly trained nurses
  • Lack of a formal care plan for the resident that addresses physical, emotional and mental health
  • No notification of family members and private doctor when the resident gets injured
  • Inadequate security measures to prevent residents from wandering out of the facility
  • No supervised medical care by a licensed physician
  • No pharmaceutical services

According to statistics, around 1 in 10 adults over the age of 60 have experienced some form of elder abuse, including neglect. In nursing homes, neglect can take many forms, such as:

  • Failure to provide adequate nutrition, hydration, or hygiene
  • Frequent falls
  • Bedsores (pressure ulcers)
  • Fractures
  • Elopement (escape) from the nursing home
  • Choking
  • Malnutrition/Dehydration
  • Delay in treating a serious health condition
  • Urinary tract infections
  • Pneumonia
  • Medication error
  • Inadequate medical care
  • Physical or sexual abuse.


These injuries can result in serious health complications and, in severe cases, may even lead to death.

Statistics reveal that nursing home neglect is a widespread issue in the United States, with an estimated 1 in 3 nursing homes cited for violations of federal standards that could cause harm or injury to residents.

There are several causes of nursing home abuse, including:

  • Staffing shortages or inadequate training, leading to overworked and stressed caregivers who may become neglectful or abusive.
  • Poor management or lack of oversight, resulting in inadequate policies and procedures for preventing abuse and neglect.
  • Understaffing, leading to a lack of proper supervision and increased risk of abuse.
  • Caregiver burnout, resulting in emotional exhaustion and decreased empathy for residents.
  • Pre-existing mental health or substance abuse issues of caregivers.
  • Cultural or societal attitudes that undervalue and dismiss the needs of elderly or disabled individuals.

 

It is important to address these root causes of nursing home abuse and take steps to prevent mistreatment and ensure the safety and well-being of vulnerable residents However, these reasons do not excuse the neglect of the elderly in their care.

If you suspect or witness nursing home abuse, it is essential to take action immediately to protect the vulnerable residents. Here are some steps you can take:

  • Report the abuse to the appropriate authorities, such as the nursing home administrator, state ombudsman, or Adult Protective Services. Take note of anyone you talk to as well.
  • Document any evidence of abuse or neglect, including photos or videos if possible, and take note of any witnesses who can support your claims.
  • Contact an attorney who specializes in nursing home abuse cases to discuss your options for legal action.
  • Visit the resident regularly to monitor their well-being and report any concerns.
  • Advocate for stronger regulations and oversight of nursing homes to prevent future instances of abuse.

 

Remember that reporting nursing home abuse is a crucial step in protecting residents and holding accountable those responsible for mistreatment.

If you worry for the safety of your elderly or disabled family member, or if you suspect nursing home neglect has already caused serious injury, contact the Anderson, South Carolina, elder law firm of Harbin & Burnett LLP, at 1(888)821-0247. Initial consultations are always free, and we handle personal injury cases on contingency so you pay no attorney fees unless we receive a positive settlement or jury verdict.*

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For a Nursing Home Abuse Claim, Call Harbin & Burnett

Initial consultations are always free, and we handle personal injury cases on contingency so you pay no attorney fees unless we receive a positive settlement or jury verdict.