Nursing Home Abuse

Approximately 1.4 Million Americans Reside in Nursing Homes.

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What You Need to Know

Since many nursing home residents are in poor health or suffer from cognitive issues, they often need supervision and assistance for everyday activities. As such, nursing home residents can be particularly vulnerable to abuse due to their dependence on others.

Further exacerbating these issues are the lack of resources and proper management within many nursing homes, which leaves the elderly even more susceptible to abuse. Some common issues within nursing homes include:

Understaffing - One significant factor contributing to nursing home abuse is understaffing. A nursing home is unable to operate properly if it does not have enough employees to care for and supervise residents. Many nursing homes intentionally hire fewer employees than necessary to save money. Others may be unable to find qualified professionals. Understaffing forces employees to prioritize certain tasks and the care of certain residents over others. It leads to dropped responsibilities, including failure to provide adequate supervision & care which leaves residents vulnerable to falls, bedsores, malnutrition, and medical errors. Furthermore, understaffing can create feelings of hostility and lead to disgruntled employees. Tired, stressed, overworked, and angry employees are more likely to either intentionally or unintentionally harm the residents in their care.

Lack of training – Lack of training is another common issue within nursing homes. It is essential that nursing home staff be provided with the training necessary to keep residents safe, healthy, comfortable, and happy. Unfortunately, many nursing home employees are hired without possessing the necessary qualifications, experience, education, or vocational training required for success in their roles. Other issues that are all too common within nursing homes are the lack of ongoing training & development and inadequate training & communication regarding resident rights.

Nursing home abuse comes in many forms, including physical, emotional/mental, neglect, and sexual.

Physical – Any use of force against a resident, whether intentional or not, can qualify as physical abuse. These acts can occur due to understaffing in situations where overworked employees have become angry, disgruntled, and violent. They can also happen in situations of undertraining. For example, if a nursing home employee lacks the training to properly handle violent, angry, or disoriented residents, they may exert physical abuse as a means of controlling the situation. Physical abuse of residents can lead to serious bodily injury including fractures & broken bones, cuts, bruises, trauma, and even death. In fact, nursing home residents who experience abuse are 300% more likely to die than those who have not experienced abuse.

Emotional/Mental – Emotional & mental abuse does not always leave physical scars but is serious, damaging, and unacceptable. These incidents involve an employee or caregiver utilizing his/her power over the resident to make them feel isolated, fearful, and intimidated. Some examples of emotional & mental abuse include bullying & taunting. These instances can be devastating to victims and lead to depression, withdrawal, severe anxiety & stress, and significant personality changes.

Sexual – Sexual abuse involves any non-consensual act perpetrated by caregivers or other staff. Unfortunately, some nursing home victims are incredibly vulnerable to acts of sexual abuse due to dementia, Alzheimer’s, cognitive decline, and other health issues. Frequently, victims in these cases are unable to report which can lead to continued abuse.

Neglect – Neglect encompasses any failure to provide adequate care and is unfortunately all too common in nursing home settings. When residents experience nursing home neglect, they are left vulnerable to bedsores, falls, malnutrition, and dehydration, all of which can lead to serious illness, injury, and death.

Understand the Process.

You have been through enough. We want to help ensure that your case goes as smoothly as possible. Our experienced legal team offers a finely tuned process to help prevent any additional pain for you and your family.

Your case process will begin with a free consultation. One of our qualified lawyers will discuss the specifics of your case and determine appropriate next steps. This consultation is designed with integrity and transparency in mind. Our promise to you is open communication and honesty to help you thoroughly understand the process, the strength of your case, and the likelihood of recovering damages.

Next, we will perform a detailed investigation and file the lawsuit. This is when we gather evidence, speak to witnesses, and take time to build the strongest case possible. Evidence that typically comes into play during this phase includes photographs, witness interviews, and medical records.

The discovery stage is next. This involves sharing our findings with the legal team for the defense, as well as issuing any necessary subpoenas, gathering additional documents, and conducting witness testimonies & cross-examinations.

The next phase in the process involves preparation for trial, and possibly, settlement. Our legal team will take this time to carefully examine all facts & evidence and prepare for trial. Because trials can be lengthy, time-consuming, and expensive, we will attempt to agree upon a fair settlement that provides you with the compensation you deserve.

If we are unable to come to a settlement agreement, the case will proceed to the trial phase. During the trial, we will utilize all relevant evidence to fight for your best interests. A judge or jury will then come to a verdict in the case. It is important to keep in mind, however, that the verdict may not be black or white with one side prevailing completely. Rather, judges and juries may decide to side with the plaintiff on some claims and the defendant on others. Our commitment to you is to put together the strongest case possible and recover the maximum compensation possible.