Personal Injury in Nursing Homes

Placing a loved one in a nursing home is always a difficult decision for the family, as they always want to provide the best care for their elderly senior family member. Every nursing home has a moral and legal obligation under both state and federal law to care for its residents. However, abuse in nursing homes is on the rise. With approximately two million Americans living in nursing homes or assisted living facilities, it is important for families to learn the signs of elder abuse, so they can make sure their loved one is always safe.

‍

Rights of Nursing Home Residents

Congress passed the Nursing Home Reform Act in 1987. This federal law states that nursing home residents have the right to the following:

‍

● Right to privacy

● Freedom from neglect, physical or emotional abuse, and physical restraint

● Appropriate physical, mental, and social services

● Dignity and respect

● Free communication and participation with family, residents, and the community

● Decision-making authority with regard to their health and finances (where appropriate)

● Ability to file a complaint without fear of retaliation

‍

Nursing home abuse laws have been put in place by local, state, and federal governments to ensure the safety of elderly residents. Federal abuse laws dictate that nursing homes must report and investigate allegations of any kind of physical, psychological, sexual or financial neglect or abuse, and these laws continue to evolve and grow to protect our most vulnerable seniors in the United States.

‍

Signs of Elder Abuse

Statistics show that personal injury in nursing homes and elder abuse in long term care facilities is widespread, underreported, and increasing. Reports of nursing home residents being assaulted, neglected, or swindled out of their money have made recent headlines. Almost one out of three nursing homes in the United States have been issued citations for abuse. Sometimes the source of the abuse is the nursing home staff, or in other cases it stems from other residents. In too many cases, the abuse and neglect of elderly residents is a result of big senior care corporations neglecting to properly train the staff or failing to ensure quality measures in favor of turning a profit at the expense of the residents.

‍

Physical Signs of Elder Abuse or Neglect

If your loved one is a resident of a nursing home, always watch carefully for any of these signs

or symptoms of physical abuse or neglect.

‍

● Broken bones that have no reasonable explanation

● Changes in normal sleep habits

● Unexplained bruises or infections

● Dehydration or malnutrition

● Decreased health due to the failure to receive proper medications

● Poor hygiene

● Weight loss or dehydration

● Bedsores

● Overly sedated or overly medicated

● Injury in the genital area

● Torn or ripped clothing

● Changes in psychological or emotional condition, regressive behaviors, terror or

fear, aggressive behaviors, withdrawal, or any other emotional behavior that is

out of character for your loved one.

‍

Emotional Signs of Elder Abuse or Neglect

Many seniors suffer from neurocognitive medical conditions such as Alzheimer’s disease and dementia, however, any sudden dramatic emotional or mental changes in your elderly love can be a warning sign of elder abuse or neglect. When an elderly loved one acts out against family members, or behaves strangely or out of character, he or she may be trying to communicate the stress they feel in a way that does not incur retaliation from the nursing home staff. Refusing to participate in activities, avoiding staff members or acting fearful around them, mental regression, visible anger, depression and self-blame or self-harm for small issues can be signs of nursing home psychological neglect or abuse.

‍

Financial Signs of Elder Abuse

Sometimes, the family members take charge of their elderly loved one’s finances while they are in the nursing home, but there are some nursing home residents that still control some of their own funds or keep their own legal documents. If there are unexpected changes in a last will and testament or other estate planning documents, unexplained amounts of money missing from a bank account, missing credit cards, or missing personal items from your loved one’s room, there may be someone in the nursing home manipulating your loved one and their finances.

‍

Strange Behavior From the Nursing Home Staff

Perhaps your loved one is not answering your phone calls, or the staff seems secretive, disorganized, or disengaged. Questions about your loved one’s medication or living conditions may remain unanswered, or visits to your loved one seem discouraged. These situations could possibly be attempts to cover up elder abuse.

‍

Contact an Experienced Personal Injury Attorney

When seniors enter a nursing home, they expect and deserve high quality, respectful care, and proper supervision. Unfortunately, nursing home elder neglect and abuse is a widespread problem that causes suffering in victims and their families. Elder abuse is not only morally wrong, it is illegal and punishable by law. Those who have suffered from abuse may want to consult an attorney to discuss their legal options in order to pursue justice for their loved one.

‍

Contact our legal team at Sandoval Law, APC to learn your legal options, and how we can help ensure your loved one’s legal rights remain protected.

‍