Nursing Home Abuse

Is a loved one being abused at their care facility?

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If you or a loved one has a related case, please fill out the form below. If you wish to call our number is 1.800.391.0227.

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Approximately 1.4 Million Americans Reside in Nursing Homes.


Unfortunately, nursing home abuse is an increasingly common problem with over 40% of residents reporting some form of abuse. The victims are our parents & grandparents, our aunts & uncles, and so many other beloved elderly relatives.

Nursing home abuse can be physical, mental & emotional, or sexual. It can lead to serious physical injury, trauma, and even death.

The decision to place an elderly relative in a nursing home can be a difficult and heartrending one for families to make. It is not entered into lightly and families often take time to painstakingly weigh the advantages & disadvantages of such a choice. They ask questions like “Will my loved one be happy there? Is it fair to take them away from their home? Is it the safest option?” The sad reality is that while families think they are doing what is in the best interests of their elderly loved one, they are sometimes unknowingly placing them in harm’s way. Families put the ultimate trust in nursing homes, and it is unconscionable that this trust is sometimes violated in the worst ways possible.

If you or someone you love has experienced nursing home abuse, we are on your side. Nursing home abuse of any sort is unacceptable and those who are at fault must be held accountable. Our team of skilled lawyers has a demonstrated track record of fighting for victims of nursing home abuse. We will work tirelessly to recover the maximum fair compensation to which you are entitled. We know that no amount of money will change what happened, but we want you to see justice served so that you may begin to heal and move forward.

Let Us Recover What is Rightfully Yours.


If you or a loved one has experienced nursing home abuse, you deserve compensation. While we wish that we could go back in time and erase the abuse, we cannot. All we can do is fight for what you rightfully deserve in hopes that the damages recovered and the justice served will help you move forward with your life.

In nursing home abuse cases, damages can be tangible, intangible, or punitive. Examples of tangible damages that we have recovered on behalf of nursing home abuse victims include:

  • Hospitalization bills
  • Doctor’s visit bills
  • Medication
  • Surgery
  • Physical therapy

We believe that your suffering matters. As such, we will also fight to recover compensation related to intangible damages including:

  • Physical suffering
  • Mental anguish
  • Emotional distress

Finally, we might be able to obtain punitive damages on your behalf. These damages are intended to punish the defendant or defendants in your case and can be valuable in deterring similar behavior in the future. In fact, there is evidence that punitive damages recovered in nursing home abuse cases can push a change in policies & practices of nursing homes. To recover punitive damages, we must be able to prove that the defendant acted with deliberate and/or malicious intent.

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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.

Nursing Home Abuse Frequently Asked Questions (FAQ)
Do laws exist to protect nursing home residents?
Yes, there are laws that are designed to protect the rights of nursing home residents, including the Nursing Home Reform Act of 1987, the Elder Justice Act, and the Older Americans Act. These laws have taken various actions to help protect nursing home residents, including:

  • Ensuring that nursing homes maintain adequate levels of staff and provide sufficient supervision.
  • Outlining a resident bill of rights, which declares that nursing home residents have the right to privacy, the right to proper treatment, the right to make their own decisions whenever possible, and the right to voice concerns about their care.
  • Requiring nursing home staff to report any instances of suspected abuse or neglect.
  • Establishing a national employee background check database.
  • Supporting elder abuse prevention services & legal services.
  • Establishing the Administration of Aging.
How can nursing home staff get away with abuse?
The sad reality is that nursing homes and their staff get away with abuse of residents all the time. One of the main reasons that they can get away with such cruel acts is that many instances of abuse go unreported. This is sometimes due to fear on the part of residents and sometimes because the residents in question are unable to speak up for themselves due to dementia or cognitive decline.

Another major reason that nursing homes and their staff continue to get away with abuse is the widespread lack of consequences within the industry. All too frequently, local authorities neglect to investigate or punish acts of nursing home abuse. And when consequences do arise, they are often relatively minor financial penalties which allow nursing homes to swiftly return to business as usual.

Therefore, it is of the utmost importance that you contact an experienced lawyer if you or a loved one has fallen victim to nursing home abuse. We want to help ensure that justice is served.
What are some signs of nursing home abuse?
Even in cases where an elderly loved one is unable or unwilling to report abuse or neglect, you can still act to protect them. This starts with knowing the wide variety of signs that may indicate abuse. General changes in personality, behavior, or any tension witnessed between a caregiver and your elderly relative are all cause to speak up. Additionally, unexplained bodily injuries including broken bones and bruises can be signs of abuse. You should also be on the lookout for bedsores, soiled clothing, poor hygiene, and any unexplained STD’s or other infections.
What should I do if I suspect nursing home abuse?
If you are certain about the abuse and feel that an imminent threat exists, call the police immediately. If you are not sure that abuse is necessarily occurring and your loved one is unwilling or unable to speak up, it may be necessary to bring your concerns to nursing home management. If they are unable to satisfactorily explain any signs of abuse, you should contact your local law enforcement agency and consult a lawyer. It is also a good idea to keep detailed notes throughout this process to help you easily recall events. Taking pictures of any injuries for documentation purposes may be helpful as well.
Can a nursing home be held accountable for acts of harm committed by their employees?
Yes, nursing homes can be held liable for acts of abuse against residents. Nursing homes owe their residents a certain standard of care and when this standard of care is not met, both the employee and the nursing home can be held accountable.

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.

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