Nursing homes can be a valuable asset to a community, providing round-the-clock medical care, assistance, and daily supervision to vulnerable older adults. While high-rated nursing homes are very safe, the public needs to be more informed about the dangers and risks of nursing home abuse in low-quality facilities. When abuse does occur, many family members and victims feel lost and uncertain of what their next steps should be, especially when it comes to the law. There are typically some very common questions directed at legal professionals about elder abuse cases in nursing homes; learning these answers is one step closer to the prevention and mitigation of these devastating crimes.
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What Types of Nursing Home Abuse Are There?
Nursing home abuse can come in many forms, including physical, emotional, sexual, or even financial. Physical abuse can include causing bodily harm, pain, or neglecting a resident, either by accident or on purpose. Emotional abuse involves directly creating mental health distress or emotional anguish due to poor treatment, manipulation, or threats. Sexual abuse involves nonconsensual, inappropriate sexual contact of any kind. Financial abuse includes theft or manipulation with the intent to solicit money from a resident.
What Are the Signs of Nursing Home Abuse?
The signs and symptoms of nursing home abuse will depend on the type of abuse and the particular resident. Emotional distress is a common symptom of many types of abuse, such as increased anxiety, paranoia, depression, social withdrawal, or complaints about certain staff members or behaviors. You may be able to find physical evidence of abuse, such as unexplained bedsores, scratches, suspicious bruises, malnutrition, or ligature marks. Financial abuse appears as an unexplained loss of income or retirement funds.
Should I Report the Abuse? To Whom?
Reporting the abuse is an excellent idea for documentation and accountability. You can report abuse to the police, your local Department of Health and Human Services, or Adult Protective Services. You can also file a complaint or report with the management or owners of the nursing home community, though you typically will want to escalate it to external authorities. Consult with an attorney to obtain a full list of reporting agencies, resources you can use, and assistance with filing an accurate report.
Is There a Time Limit to Report or File a Lawsuit?
In most cases, a specific time limit, known as a statute of limitations, exists for filing a lawsuit related to nursing home abuse or negligence. This time limit will vary depending on your state’s laws and the specific type of lawsuit you’re looking to file. Typically, this time limit will range from one to six years on average, with the most common being two, especially for personal injuries and wrongful death. Consulting with an attorney in your area can help you understand the time constraints you face.
Are All Nursing Homes Unsafe?
There are many safe and highly rated nursing homes in any state or city. While nursing home abuse is a serious concern, it stems from a lack of supervision, security issues, untrained or unscreened staff, or understaffing. Nursing homes that have an adequate rotation of security and nursing staff who have been properly trained and screened are very unlikely to have issues with neglect or abuse.
Some cities have high populations of retirees, resulting in a large resident-to-staff ratio, making it more likely for neglect or harm to occur. If you live in one of these cities, you’ll want to be vigilant about choosing a nursing home that is highly rated and has sufficient staff to provide care. Please note that there are many high-quality nursing homes in these cities.
Tampa, Florida
The entire state of Florida is incredibly popular among retirees and older adults due to its year-round warm weather. Tampa has a high population of older adults, as it’s close to large cities like Orlando without the extra noise. Lately, the city has come under scrutiny for nursing home neglect cases stemming from insufficient staffing. Highly rated communities here have higher staff numbers.
Aurora, Illinois
Residents from several communities have obtained an Aurora nursing home abuse lawyer due to neglect. Some cases have even led to fatal cases of sepsis due to pressure sores from inadequate care. Verify ratings and staff-to-resident ratios before choosing any community.
Albuquerque, New Mexico
Like Florida, New Mexico is a popular destination for retirees, thanks to its warm weather and stunning southwestern desert scenery. Albuquerque is the most populous city in the state, which can easily lead to insufficient staffing and overpopulated communities. Several nursing homes here have been fined or sued for neglect and abuse cases.
Do I Always Need an Attorney?
While you don’t need an attorney to report nursing home abuse, it’s a good idea to consult with one. They can provide legal resources, represent you in court, and help you file insurance claims and ensure your reports are accurate. If you want to file a lawsuit, you’ll need an attorney to navigate the legal proceedings with you or on your behalf.
How Do I Choose a Nursing Home?
Nursing home abuse is a valid concern, but you don’t need to worry if the community you choose is properly vetted. Check for reviews online and official Medicare ratings. Learn about the company’s legal history, especially fines for any health or care violations. Take a tour of the community. If you notice red flags, such as limited access to certain common areas or active neglect, steer clear. Visit your loved one often to ensure they’re adjusting and fitting in well without issue.
What Happens If My Loved One Passes Away?
If your loved one passes away due to nursing home neglect or abuse, you’re not alone. While this is a devastating result, you can still report the incident and get support. You can work with an attorney to ensure that the nursing home or staff member faces legal consequences. You also have the option to file a wrongful death claim in many circumstances.
Conclusion
Nursing home neglect or abuse is a catastrophic consequence of insufficient staffing, poor security, and inadequate training protocols in these communities. Older adults and their families can empower and protect themselves by making preparations to mitigate the risk of moving into a poorly rated community. Understanding the signs and symptoms of abuse, how and where they most often occur, and the types of abuse that are common in nursing homes is an excellent first step for prevention. Consulting with an attorney is a smart choice to arm yourself with additional knowledge, support, and resources.
