Each year, countless vulnerable individuals are affected by nursing home abuse in facilities across the country. These facilities have a legal duty to maintain a safe environment and ensure the well-being of their residents. When they fail to do so and a resident suffers abuse due to the nursing home’s negligence, the victim and their family may take legal action to hold the facility liable for damages.
At the Cottle Firm, we are dedicated to providing compassionate legal representation for nursing home abuse victims and their families. If you believe that a loved one is a victim of nursing home abuse, we are prepared to help your family seek justice. Contact our Henderson nursing home abuse lawyers today at 702-722-6111 to learn more about your family’s legal options in a free consultation.
What Is Nursing Home Abuse?
Nursing home abuse describes any type of mistreatment of long-term care residents. It includes intentional harm like physical abuse, as well as unintentional harm, such as health problems that occur due to negligent care.
Physical Abuse
Physical abuse is the intentional infliction of harm to a nursing home resident, which may result in injuries, pain, or impairments. This includes hitting, slapping, pushing, shaking, or striking with objects. According to an elder abuse study published in the National Library of Medicine, there have also been cases of physical abuse in the form of physical or chemical restraints in nursing homes.
Emotional Abuse
Emotional abuse occurs in nursing homes when staff members inflict intentional emotional harm, either verbally or nonverbally. In a series of interviews conducted in 2000, certified nursing assistants mentioned aggressiveness, yelling in anger, threats, speaking in harsh tones, cursing, or saying harsh or mean things to residents as common examples of psychological abuse in nursing homes.
Sexual Abuse
Nursing home sexual abuse includes any unwanted sexual conduct from staff members or other residents. This includes unwanted touching, sexual comments, and sexual assault. Older individuals are generally more vulnerable to sexual abuse because many live with physical or mental disabilities and may be unable to give consent or defend themselves.
Financial Abuse
Financial abuse occurs when someone exploits another individual’s financial resources for personal gain without the victim’s informed consent or awareness of the transaction’s consequences. In most cases, the perpetrator of financial abuse against the elderly is someone close to the victim, such as a family member or primary caregiver.
Neglect
Intentional harm is not the only common form of nursing home abuse. Neglectful care of residents also constitutes abuse. When nursing home staff fails to provide proper care, residents may suffer unnecessarily. In some cases, it can lead to preventable health complications, injuries, or even death.
Signs and Symptoms of Nursing Home Abuse
Families of nursing home residents should be aware of common signs and symptoms of abuse. In some cases, nursing home abuse victims are unable or unwilling to come forward. Being aware of these warning signs can help you ensure your loved one’s well-being and take action if you suspect abuse.
Physical Warning Signs
Physical abuse may leave visible marks on the victim’s body. Keep an eye out for these common indicators of physical abuse:
- Bruises, welts, or scars: Unexplained or repeated bruising, welting, or scarring is often a sign of physical abuse.
- Broken bones: Fractures may indicate physical abuse, especially if there are unclear or inconsistent explanations for such injuries.
- Burn marks: Burns from cigarettes or other sources are most likely a sign of physical abuse.
- Bedsores: Neglectful care often results in pressure ulcers, which can be deadly.
- Poor hygiene: Dirty clothing, unwashed hair, foul odors, and other hygiene issues are often a sign of neglectful care.
Behavioral Changes
Victims of nursing home abuse often exhibit behavioral or emotional changes. Here are some common warning signs to watch out for:
- Depression or withdrawal: Sudden changes in mood or a lack of interest in activities they previously enjoyed. They may also withdraw and isolate themselves from others.
- Anxiety or fearfulness: Nursing home abuse victims may act fearful or anxious around certain staff members or other residents who have abused them.
- Agitation or anger: Victims may show unusual anger, frustration, or agitation, especially when approached or touched.
- Non-communicative: Victims are often reluctant or refuse to speak about their experiences at the nursing home. They may also suddenly become silent and stop communicating with others altogether.
Financial Red Flags
Unusual activities or changes in a resident’s financial situation may indicate financial abuse. Some common warning signs of elder financial abuse include:
- Unusual activity in the elderly person’s bank accounts, such as frequent or unexplained withdrawals
- ATM withdrawals made by an elderly individual who has never previously used an ATM or debit card
- The creation of new powers of attorney that the elderly person does not fully understand
- Individuals insisting on accompanying the elderly person to the bank, possibly to influence financial transactions
- Missing personal items or valuables
- Bills going unpaid despite having adequate funds
Recognizing these signs can help protect elderly individuals from financial abuse and ensure their assets are properly managed.
Legal Rights of Nursing Home Residents
Nursing home residents are legally entitled to a safe and dignified living environment. Both federal and state laws provide comprehensive legal protections that help ensure residents receive appropriate care.
Nursing Home Reform Act
The Nursing Home Reform Act was enacted into law as part of the Omnibus Budget Reconciliation Act of 1987. It establishes a set of federally mandated minimum standards of care for people living in nursing facilities.
The Nursing Home Reform Act includes a section called the Residents’ Bill of Rights. Here are some of the key provisions of this federal law:
- Right to a Dignified Existence: Nursing home residents are entitled to dignity, respect, and freedom from abuse, neglect, and exploitation.
- Right to Self-Determination: Residents have the right to make decisions regarding their care, including the right to refuse treatment.
- Right to Privacy: Nursing homes must respect the personal privacy and confidentiality of residents, including during medical treatment and personal care.
- Right to Participate in Activities: Residents should feel encouraged to participate in social, religious, or community activities.
- Right to Information: Access to complete and current information regarding their medical condition, treatment options, and nursing home policies.
- Right to Complain: The right to file complaints about their care or treatment without fear of retaliation.
- Right to Personal Belongings: The right to keep and use personal possessions as long as doing so does not interfere with the rights of other residents.
- Right to Visits: The right to have visitors of their choosing at any time, subject to reasonable restrictions that protect the privacy and rights of other residents.
Elder Justice Act
The Elder Justice Act was enacted as part of the Patient Protection and Affordable Care Act, which was signed into law by President Obama in 2010. It is designed to address elder abuse, which is frequently underreported.
Purposes of the Elder Justice Act
The Elder Justice Act was the first national legislation focused on elder abuse. Its main objectives are:
- Prevention of elder abuse
- Early detection of abuse
- Public health interventions
- Legal and social support for combatting elder abuse
Legal and Social Provisions of the EJA
The EJA established several entities and strengthened reporting requirements to combat elder abuse:
- Elder Justice Coordinating Council: Coordinates federal, state, local, and private efforts against elder abuse and provides reports and recommendations to Congress.
- Advisory Board on Elder Abuse, Neglect, and Exploitation: Helps the Council develop plans and recommendations. It consists of 27 experts and supports elder justice efforts.
- Elder Abuse Forensic Centers: The EJA authorizes grants to create up to ten forensic centers specializing in identifying and supporting elder abuse victims. These centers develop criteria for detecting abuse, provide victim support, and report data to the DHHS and the U.S. Attorney General.
Reporting Requirements and Penalties
Under the EJA, long-term care facilities receiving federal funds must adhere to strict reporting requirements for elder abuse and other crimes:
- Reporting Obligations: Nursing home owners, operators, employees, managers, agents, and contractors must report any reasonable suspicion of a crime against residents. Reports must be made to the DHHS and local law enforcement within 24 hours, or two hours in cases involving serious bodily injury.
- Penalties for Non-Compliance: Individuals who fail to report can face fines of up to $200,000, which can increase to $300,000 if the failure results in further harm. Facilities that retaliate against reporters can also face penalties and may be excluded from federal healthcare programs.
What Should You Do if You Suspect Nursing Home Abuse?
If you suspect that a loved one is a victim of nursing home abuse, you should take immediate action to ensure their safety and well-being. Here are the steps you should follow.
Assess the Situation
Determine if your loved one is in immediate danger. If they are, call 911 right away. Speak with your loved one privately to understand their situation and gather information about the abuse. Ensure they feel safe and supported during this conversation.
Document Evidence
Record any details your loved one shares about the abuse, including dates, times, and descriptions of incidents. If there are visible signs of abuse, such as bruises or injuries, take clear photographs as evidence. Gather medical records, financial statements, and any other relevant documents that could support your case.
Report the Abuse
Notify the nursing home’s management about your concerns and provide them with any evidence you have gathered. Request a formal investigation into the matter.
Report the suspected abuse to local Adult Protective Services (APS) or the state’s nursing home regulatory agency, as well as the local police department. You can also contact your local long-term care ombudsman program, which advocates for residents’ rights and investigates complaints.
Seek Legal Guidance
Contact an experienced Henderson nursing home abuse lawyer to discuss your case. A lawyer can provide guidance on your legal options and help you take legal action, such as filing a personal injury lawsuit against the facility. A lawsuit may result in compensation for medical expenses, pain and suffering, and other damages.
When Can a Nursing Home Be Held Liable?
Nursing homes have a legal duty to provide a safe environment and adequate care for their residents. When they fail to meet these standards, they can be held liable for any harm that results. Here are some common scenarios in which a nursing home may be held liable for abuse or neglect.
Negligent Hiring and Training
Nursing homes must ensure that their staff are properly vetted and adequately trained to care for residents. If a nursing home hires employees without conducting background checks or fails to provide necessary training, it can be held liable if these failures lead to abuse or neglect.
Inadequate Staffing
Understaffing is a common issue in nursing homes and can lead to inadequate care or supervision. If a nursing home fails to maintain enough staff members to meet the needs of residents, it can be held liable for any resulting harm, including neglect or abuse.
Failure to Supervise and Protect Residents
Nursing homes are responsible for supervising their residents to prevent accidents, injuries, and abuse. If a resident is harmed because the facility failed to provide adequate supervision or protect them from abusive staff or other residents, the nursing home may be held liable.
Poor Living Conditions
Residents have the right to live in a safe and clean environment. Nursing homes that fail to maintain sanitary conditions, provide necessary medical care, or ensure the overall well-being of residents can be held liable for any harm that results from these failures.
Medication Errors
Proper medication management is critical in nursing home care. If a nursing home administers the wrong medication, fails to provide prescribed medication, or administers incorrect dosages, it can be held liable for any resulting harm to the resident.
Learn More From Our Henderson Nursing Home Abuse Lawyers
If you suspect that a loved one has been abused in a nursing home, it is important to act quickly. At the Cottle Firm, our Henderson nursing home abuse lawyers are prepared to help your family seek justice for the suffering of your loved one. Give us a call today at 702-722-6111 to discuss your legal options in a free consultation.