Nursing Home Abuse Lawsuits

Nursing home neglect suffered by the elderly occurs in nursing homes, long-term assisted living facilities, and hospitals all across the country.  The most vulnerable in our society are deserving of protection, particularly the elderly whose wellbeing is placed in the hands of care facilities, who far too often neglect their patients.

Pursuing a lawsuit on behalf of a patient who has suffered abuse or neglect not only results in compensation for wrongdoing, but it also holds long-term care facilities who choose profit over care accountable for their actions.  One lawsuit has the potential to change the way that nursing home does business and could prevent future neglect.  

Signs and Symptoms of Abuse
If your loved one displays any of the warning signs of abuse, neglect, or exploitation, take action to address the situation.  Such symptoms include:

• Physical Signs
  • Unexplained death
  • Infected bedsores or pressure ulcers
  • Unexpected Falls
  • Unexplained injuries, such as broken bones or sprains, head injuries, or other injuries such as bruises, cuts, or abrasions
  • Medication errors or overdoses
  • Misdiagnoses or failure to report health complications
• Signs of Neglect
  • Malnutrition and dehydration
  • Unsanitary or unclean conditions
  • Unsafe facilities
  • Wandering or leaving the facility
  • Insufficient staffing
• Emotional Signs
  • Agitation or fear
  • Frequent crying
  • Complaints of poor treatment
  • Sudden or unusual financial transactions

Nursing Home Abuse and Neglect is Far Too Common

Nursing home and long-term care patients are often frail or bed ridden, leaving them reliant on their care provider.  This leaves the elderly particularly vulnerable to neglect or abuse.  Abuse and neglect comes in different types and the warning signs differ.  In nursing homes for example:

• 29% of reported abuse is physical abuse
• 22% is resident-to-resident abuse
• 21% is psychological abuse
• 14% is gross neglect
• 7% is sexual abuse; and
• 7% is financial exploitation.

Surveys of nursing home and long-term care residents show that abuse is more widespread that reported. 

• In one study of 2,000 nursing home residents, 95% said they had been neglected or had seen another resident be neglected
  • 44% of those residents said they had been personally abused
• 50% of nursing home staff admitted to neglecting or abusing their patients.
• Another study showed 17% of CNAs grabbed, pushed, or shoved an elderly patient
  • 51% of CNAs admitted they had yelled at a patient

Evidence if abuse is severely underreported, with only 1-in-5 cases being brought to attention.  Many of these problems come from the severe understaffing of nursing homes.  About 90% of nursing homes are understaffed, even though the average nursing home contains 104 beds.  A lack of staffing and due care has lead 1-in-3 nursing homes to be flagged for some type of violation.  While rules require nursing homes and long-term care facilities to be adequately staffed in proportion to their residency, many facilities fall short of this duty.

​Neglect and abuse also results when facilities place profit over care.  All too often, facility management is a profit motivation for its owners, and when costs are cut the residents suffer.  An investigation or lawsuit exposes this behavior and forces owners and managers to change their practices.

Look for Signs of Financial Exploitation

Physical abuse and neglect is abhorrent behavior that occurs far too frequently, however, individuals should guard against their loved ones being taken advantage of financially.  Residents have the right to access all financial forms about themselves and have the right to manage their own financial affairs.  Some facilities believe they can mislead patients into paying extra fees, but residents are also entitled to have full information of all available services and the cost of each service.  Facilities are also required to produce financial statements to their resident’s legal representative upon request or every quarter.  Make sure those representations check out with what your loved one says that facility is providing them.
      Residents receiving Medicaid are entitled to a monthly Personal Needs Allowance.  If your loved one is not receiving this money or is not receiving their full entitlement, this may be a sign of the facility’s financial exploitation.  Also, be aware of signs of potential manipulation by facility staffers, which may take the form of the resident signing a power of attorney form or allowing the staffer to manage their money.  Financial exploitation or misrepresentation is wrong and those most vulnerable to it deserve to hold those who commit it accountable.

Speak with a us About Nursing Home Abuse and Neglect

Please contact us, free of charge, about any instance or suspected instance of nursing home abuse or neglect.  Every claim has a deadline, so if you suspect any wrongdoing, please contact us.

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