Nursing Home Negligence

With more and more senior citizens unable to care for themselves, families must rely on the services of nursing homes to do what they cannot. Of course one expects that the facility they select for their loved one will care for residents so as to enhance their quality of life. However, many are finding just the opposite is true. More and more senior citizens are found victims of nursing home negligence. Some are able to articulate what is happening to them. Unfortunately, most are not. Defined, nursing home negligence describes behavior that falls into one of two categories; intentional harm and neglect.

Intentional harm includes:

  • physical attacks
  • sexual assaults
  • emotional abuse
  • financial abuse

Neglect describes the failure to provide basic needs resulting in:

  • dehydration
  • malnutrition
  • medication overdoses
  • falls
  • infections
  • bedsores
  • pressure sores
  • skin ulcers
  • decubitus ulcers
  • osteomyelitis
  • septicemia
  • gangrene

So what are the signs of nursing home abuse? The following signs should prompt further investigation into the nursing home staff caring for your loved one:

  • Unexplained bruises, cuts, burns, sprains, or fractures
  • Bed sores
  • Staff refusing to allow visitors to see resident or delays in allowing visitors to see resident
  • Sudden changes in behavior

Sometimes abuse can be harder to detect. For example in patients who suffer from dementia, things they say may or may not be understood. It is best to ask about any unusual behavior and follow up often. Of course, it is most important to thoroughly investigate the nursing home you are considering prior to admitting your loved one. Here are some tips for choosing the right nursing home:

  • File an appeal to buy yourself more time. Most nursing-home admissions follow a brief hospital stay, where you may get as little as 24 hours’ notice to find a facility. If the patient is on Medicare, tell hospital administrators you want to appeal the discharge. This will allow two extra days to check out the nursing homes in your area.
  • Begin your search for a nursing home using the Eldercare Locator (800-677-1116). This will put you in touch with your local Area Agency on Aging, which will give you a list of nursing homes in your area.
  • Once you have a list, start with the ones nearest your home. It’s not only more convenient for you, it’s also almost always a guarantee that your loved one will be well cared for. Nursing home staffs are aware of residents who get regular visitors and they tend to give a bit more care to those patients.
  • Pop in unannounced and ask for a tour. Reputable nursing homes should have no problems obliging you.
  • Are the residents in the right places? Enjoying themselves? Engaging in activities? Visit with a few, do they seem happy? Uneasy?
  • Ask to see the most recent state inspection report.
  • Ask to see the kitchen. A good nursing home should have no problems letting you look at anything; even inside the fridge.

With a little investigation and a lot of attention you can be sure that your resident will not suffer any abuse. But what if your loved one is the victim of nursing home negligence? First, ensure that you select an attorney who has experience litigating nursing home negligence cases. What information is necessary to file your case? Some of the items you should document include:

  • Your relationship to the nursing home resident
  • Time and date of the nursing home negligence incident(s)
  • Contact information for you and the nursing home resident
  • Names and contact information of nursing home staff
  • Names of nursing home staff who are involved in the nursing home abuse
  • List of resulting injuries
  • Medical records prior to and after the nursing home negligence
  • Reasons for resident needing the care of the nursing home

Keeping your loved ones safe is your first priority…making sure they receive appropriate compensation for their suffering is ours. Call us at Sanders Law today.