Nursing Home Abuse: Understanding Your Legal Options and How an Attorney Can Help

Placing a loved one in a nursing home requires trust. You trust that the facility and its staff will provide the care, respect, and dignity your family member deserves. Unfortunately, this trust is sometimes broken. Nursing home abuse is a widespread problem, with studies showing that around 1 in 6 people 60 years and older experienced some form of abuse in community settings during the past year. If you suspect your loved one is a victim of abuse or neglect, it’s essential to understand your legal options and how a nursing home abuse attorney can help.

What Constitutes Nursing Home Abuse?

Nursing home abuse isn’t always physical. It encompasses a range of harmful behaviors, including:

Physical Abuse: Hitting, slapping, pushing, or using restraints. Unexplained bruises, cuts, or broken bones can be warning signs.
Emotional Abuse: Verbal threats, intimidation, humiliation, or isolation. Look for sudden changes in mood, withdrawal, or fearfulness in your loved one.
Sexual Abuse: Any non-consensual sexual contact. Bruises or injuries around the genital area, sexually transmitted infections (STIs), or increased withdrawal can be indicators.
Neglect: Failure to provide adequate food, water, hygiene, medical care, or a safe environment. Signs include malnutrition, dehydration, poor hygiene, and unsanitary living conditions.
Financial Exploitation: Stealing or misusing a resident’s money or property. Monitor financial statements for unexplained withdrawals or changes.

Recognizing the Signs of Nursing Home Abuse

It’s crucial to be vigilant and proactive when a loved one is in a nursing home. Some common signs of abuse or neglect include:

Unexplained Injuries: Bruises, welts, cuts, burns, or broken bones without a reasonable explanation.
Changes in Behavior: Sudden withdrawal, anxiety, fear, depression, or unusual agitation.
Poor Hygiene: Uncleanliness, soiled clothing or bedding, and unattended hygiene needs.
Malnutrition or Dehydration: Unexplained weight loss, dry skin, and signs of dehydration.
Bedsores: Also known as pressure ulcers, these can develop from prolonged pressure on the skin and tissues without movement or cushioning support.
Missing Personal Items: Unexplained loss of possessions or financial irregularities.
Staff Refusal: Refusal of caregivers to let you be alone with the elderly person.

Your Legal Options for Nursing Home Abuse Victims

If you suspect nursing home abuse, taking swift action is critical. Here are the legal options available to you:

Report the Abuse:
- Nursing Home Administration: Report your concerns to the facility’s management or abuse coordinator. Facilities are legally obligated to investigate such allegations.
- State Agencies: Contact your state’s Department of Health or Adult Protective Services (APS). These agencies can investigate and take action against abusive facilities. You can report anonymously.
- Law Enforcement: If your loved one is in immediate danger, call 911. You can also report the abuse to local law enforcement.
- Long-Term Care Ombudsman: An ombudsman is a resident advocate who can investigate and resolve complaints.
- Consult with an Attorney: A nursing home abuse attorney can evaluate your case, explain your legal rights, and help you pursue justice and compensation.
- File a Complaint: File a formal complaint with the nursing home facility. This may prompt an internal investigation and lead to changes in the care provided.
- File a Lawsuit: If the abuse has caused significant harm, you may have grounds to file a lawsuit against the nursing home.

How a Nursing Home Abuse Attorney Can Help

Navigating the legal process can be overwhelming, especially when dealing with the emotional distress of nursing home abuse. A skilled attorney specializing in nursing home abuse cases can provide invaluable assistance:

Investigation: Attorneys can conduct a thorough investigation into the allegations, gathering evidence such as medical records, witness statements, and facility records.
Evidence Gathering: They can obtain records from county and state governments, and they may need to file motions to compel the nursing home to supply documents.
Legal Guidance: An attorney can explain complex elder abuse laws and regulations, ensuring you understand your rights and options.
Negotiation: Attorneys can negotiate with the nursing home and its insurance company to reach a fair settlement for your loved one’s damages.
Litigation: If a settlement cannot be reached, an attorney can represent you in court, presenting a strong case on behalf of your loved one.
Protecting Rights: A lawyer ensures that the victim’s rights are protected throughout the legal process.

Proving Nursing Home Abuse

Proving nursing home abuse can be challenging, especially when the victim has difficulty communicating. An attorney can help you gather and present the necessary evidence, which may include:

Medical Records: Documentation of injuries, illnesses, and treatments.
Photographs and Videos: Visual evidence of injuries, unsanitary conditions, or other signs of abuse or neglect.
Witness Statements: Testimony from other residents, staff members, or visitors who witnessed the abuse.
Facility Records: Care plans, incident reports, staffing schedules, and inspection reports.
Financial Records: Documentation of unexplained financial transactions or missing funds.
Expert Testimony: Opinions from medical professionals or other experts on the standard of care and the impact of the abuse.

Compensation for Nursing Home Abuse Victims

Victims of nursing home abuse may be entitled to various types of compensation, including:

Medical Expenses: Costs associated with treating injuries or illnesses resulting from the abuse.
Pain and Suffering: Compensation for the physical and emotional distress caused by the abuse.
Emotional Distress: Covering anxiety, fear, or depression.
Relocation Costs: Expenses related to moving the resident to a safer facility.
Punitive Damages: In cases of egregious misconduct, punitive damages may be awarded to punish the facility and deter future abuse.
Loss of Enjoyment of Life: Compensation for the resident’s diminished quality of life.
Funeral and Burial Expenses: In cases of wrongful death, family members may be able to recover these costs.

According to the journal Health Affairs, the average lawsuit for nursing home abuse in the United States settles for approximately $406,000.

Choosing the Right Attorney

Selecting the right attorney is crucial for a successful nursing home abuse case. Look for an attorney who:

Specializes in Nursing Home Abuse Cases: They should have in-depth knowledge of elder abuse laws and regulations.
Has a Proven Track Record: Look for a lawyer with a history of successful settlements and verdicts in similar cases.
Is Compassionate and Empathetic: They should understand the emotional toll that elder abuse takes on families.
Has the Resources to Investigate: Complex cases often require a team of experts, including investigators, medical professionals, and financial analysts.
Communicates Effectively: They should keep you informed about the progress of your case and respond to your questions promptly.

How Long Does a Nursing Home Lawsuit Take?

The length of a nursing home lawsuit can vary, depending on the complexity of the case, the availability of evidence, and the willingness of the parties to negotiate. Some cases may settle in a few months, while others can take a year or more. A lawsuit that goes to trial will typically take longer than one that reaches a settlement.

Taking Action

If you suspect your loved one is a victim of nursing home abuse, don’t hesitate to take action. Report the abuse, consult with an attorney, and protect your loved one’s rights. With the help of a skilled attorney, you can hold negligent facilities accountable and seek the justice and compensation your family deserves.