Reviewing Your Rights Against Nursing Home Abuse and Neglect

Elder laws protect all seniors and their assets. This includes protection for seniors living in a nursing home facility. In these settings, there is a higher probability that the senior is neglected or abused by a staff member. The most common reason for these heinous crimes is understaffing and a failure to screen the workers thoroughly. Since nursing care facilities struggle to find workers, the administrators don't complete proper screening during the hiring process and more seniors are abused each day. Reviewing the senior's rights against abuse and neglect shows the family what to do if these circumstances emerge.

What are the Signs of Nursing Home Abuse?

The signs of nursing home abuse begin with physical injuries that occur suddenly and without warning. With nursing homes that are understaffed, the injuries aren't discovered immediately, and seniors experience severe pain. They could be on the flooring suffering for hours before the staff discovers them. The most common physical injuries include broken bones, bedsores, bruises, medication overdoses, and strains. Nursing homes must notify the family at any time that the patient falls or sustains any injuries. The administrator must explain to the family how the accident happened. However, when it comes to abusive staff members, they will try to hide these injuries and won't report them. Families that discover physical injuries without an explanation can contact Jacoby and Meyers and review their rights now.

Signs of Nursing Home Neglect?

The most obvious signs of neglect are dehydration, malnutrition, poor hygiene, and soiled bedding. Families will notice these conditions when visiting their loved ones in the nursing home. These signs indicate that the workers are not doing their jobs and providing a high quality of care for the patients. The patient could lose weight unexpectedly when they aren't receiving adequate food, and they could show signs of weakness or dizziness that aren't explained by an existing medical condition. If the loved one tells their family anything negative about the nursing home staff, the family should listen to them and should never dismiss any claim.

Signs of Emotional Abuse?

The signs of emotional abuse include agitation, fearfulness, crying, anxiety, and complaints to the family about mistreatment from the staff. The patient exhibits signs of fear or will become withdrawn in the presence of a worker that is abusing them. These circumstances often come with threats by the staff scaring the patient into silence. Abusive workers will tell the patients that they will harm the patient or their family if the individual reports the worker. These tactics are used often in nursing homes and present a serious risk to the patient. Families that notice these signs should take immediate actions and get their senior out of the facility.

Take Your Elder Loved One to the Doctor

A doctor can perform a complete assessment of the senior for signs of abuse or neglect. Taking them to their doctor gives the family medical evidence to use against the nursing home and its staff. Signs of physical or sexual abuse give the family the grounds to file charges against the worker and the administrator. These are serious crimes, and it is up to the family to protect their loved one. These records offer substantial evidentiary support for a criminal case. The administrator cannot sweep these allegations under the rug and avoid the legal ramifications of hiring an abusive worker.

Get Documentation and Images of the Abuse

Records of all abuse and neglect are necessary when reporting elder abuse or neglect in a nursing home setting. The doctor or law enforcement can collect images of all the patient's injuries and document them for a criminal or civil case against the nursing home or the worker accused of abusing the loved one. These images and documentation provide the right support for going after the worker or suing the nursing home for these allegations. The family cannot file a lawsuit simply by verbally claiming that their loved one was abused. They need hard evidence to show the court exactly what happened to the patient.

Remove Your Loved one from the Facility

Removing the loved one from the facility prevents further injuries and psychological trauma for the loved one. While it may not be ideal for all circumstances, it is paramount to protect the loved one even if the family must provide care for them until they can find a better facility. For some family, this could present them with the same hardships they experienced before placing the loved one in the original facility. However, it is best to take action to protect a loved one instead of leaving them in a dangerous situation. Complaining to the administrator won't protect the loved one, and the abusive worker could retaliate against the senior for reporting them.

Contacting Law Enforcement for Serious Injuries

Under circumstances where the worker has committed a serious crime, the family must notify law enforcement and file a report. This gives the officers probable cause to investigate the nursing home and the worker the senior identified. If the family files formal charges, the worker is arrested and taken into custody. However, the senior must have physical injuries conducive to their allegations.

Starting a Legal Claim

Working with an attorney helps the family seek damages through a civil lawsuit against the nursing home. The claims hold the nursing home administrator and staff accountable for their roles in the patient's injuries. The family could receive a refund for all payments made to the nursing home and compensation for medical costs related to the patient's injuries. Tort-based claims could apply if the senior sustained physical injuries.

Elder laws protect seniors in a multitude of circumstances, including neglect and abuse in a nursing home facility. These events take a physical, emotional, and psychological toll on the patient. Finding evidence of the allegations helps the family take immediate action against the nursing home and its administrators. Families should learn all the signs of abuse and neglect to protect their loved ones more fully. Reviewing related laws shows the family what action is most effective in their case.