Nursing home abuse is a disturbing issue that affects innumerable individuals annually. Many families in the U.S. have handed over the care of their loved ones to these facilities. Discovering that they may be victims of abuse is both shocking and heartbreaking.
The emotional and physical consequences on the victim can be devastating. It may lead to physical injuries, long-term psychological trauma, and even death. The impact goes beyond the victim, often leaving their family members feeling helpless, guilty, and overwhelmed.
Therefore, taking quick and decisive action is crucial. You should make protecting your loved one, seeking justice, and stopping further harm your top priorities. This article will enable you to recognize the signs of nursing home abuse. It will also help you learn how to respond to it and take the right steps to keep your loved one safe.
Recognizing the Signs of Nursing Home Abuse
The Centers for Medicare and Medicaid Services recently shared data related to nursing home abuse in the United States. In 2023, 94,499 health citations were received by nursing homes in the U.S. Among them, 8.1% (7,654) had been issued because of neglect, abuse, and resident exploitation. The prominent violation included deterioration in the quality of care, which accounted for 27% of the citations.
Hence, identifying the signs of nursing home abuse is key to safeguarding your loved one. The physical and emotional signs are clues that something is wrong.
Physical Signs
- Unexplained Injuries: These include bruises, cuts, or fractures indicating potential abuse. If your loved one has recurring injuries without a logical explanation, they are likely being mistreated or neglected.
- Signs of Restraint Does your loved one have marks around their ankles, wrists, or other body parts? These might appear as bruises, abrasions, or red marks. If so, that might suggest the use of restraints. It’s crucial to know that restraints should be only used for valid reasons and under medical supervision.
- Poor Hygiene: Deterioration in personal hygiene can be a sign of neglect. If your loved one wears dirty clothes, appears unwashed, or gives out a strong body odor, they are not receiving proper care.
- Untreated Bed-sores: Pressure ulcers or bed sores develop when your loved one is left in one position for too long. Untreated bed sores denote prolonged neglect by the assigned nursing home staff.
Emotional Signs
Sometimes, you will notice emotional and psychological changes in your loved one, alerting you about nursing home abuse. These signs are subtle compared to physical signs of neglect and require a keen eye to notice.
- Mood Changes, Depression, and Withdrawal: If you notice these signs in your loved one, it shows that they are emotionally distressed. Chances are that they have been mistreated by the nursing home staff or made to stay in a negative environment.
- Getting Fearful Around Specific Staff Members: Your loved one might become excessively fearful when certain staff members are present. Often, people overlook this. But this can be a classic indicator that they have been abused or mistreated by those individuals. Not being able to speak up and protect themselves can make your loved one fearful.
- Sudden Changes in Behavior: Be cautious when you find your loved one suddenly behaving aggressively in the nursing home. They might also get into their shell and withdraw. You should investigate the cause, as these are signs of psychological abuse.
Also, other neglect indicators include lethargy, sudden weight loss, frequent thirst, and weakness. These may indicate that your loved one is not getting adequate food and water.
How to Respond to Nursing Home Abuse?
When faced with nursing home abuse, it’s essential to act quickly and effectively. Knowing how to respond can protect your loved one and stop further harm.
The first step is to keep detailed records. Document every instance of the suspected abuse, including dates, times, and specific details of what happened. Add your observations about your loved one’s physical and emotional condition and the conversations you had with them about their experiences.
Take photos of any physical injuries your loved one has experienced, such as bedsores, bruises, and cuts. You can also take photographs of unhygienic living conditions, such as unsanitary environments and soiled bedding. Visual evidence may strengthen your case and provide tangible proof of the abuse.
Finally, talk to other visitors, staff members, and residents and collect witness stories. They might have witnessed the abuse or noticed signs of mistreatment. Record their statements, either in writing or on video, with their consent. These testimonials can validate your observations, offer additional context, and make your legal case stronger.
Now that you have the required data, report the abuse by seeking legal recourse. But before you head to a lawyer’s chamber, report the abuse to the facility’s administrator as well. It will propel them to investigate the matter and implement preventive measures.
Why is this important? A congressional investigation conducted by the U.S. Senate Committee on Aging in May 2023 revealed a concerning fact. Most states face backlogs in nursing home inspections because of delayed federal funding. It leads to fewer inspections, which may prevent nursing home neglect or abuse incidents from coming to light.
Hence, when you alert the nursing home’s management to an abuse, it can make them more cautious and facilitate the necessary inspections.
Navigating the Legal Path
Over the years, people in the U.S. have faced nursing home abuse in many forms and reported on it.
In February 2023, the Arkansas Democrat-Gazette reported on how negligence by a nursing home chain affected a patient. Joseph Schwartz, the owner of Skyline Health Care, was asked to pay $15.7 million to Zelma Grisson’s family as compensation for her death because of neglect. Grissom, an 81-year-old woman, was admitted to the Hillview Post Acute and Rehabilitation Center.
Her debilitating stroke made her dependent on the staff, who failed to provide adequate care. As a result, she developed a bedsore, which caused sepsis. Grissom’s family filed a lawsuit and blamed the staff for failing to reposition her, which caused her to die. The legal verdict includes $4.7 million in compensatory damages and $10 million in punitive damages.
Such incidents can take place in other cities in Arkansas, such as Rogers. If that happens to your loved one, seek legal recourse by consulting a Rogers personal injury lawyer. They can navigate the intricacies of the legal system and advocate for your loved one’s rights.
An expert lawyer will evaluate your case, review every piece of evidence you share, and explain your legal options. During the initial consultation, you can get your queries answered regarding the legal procedure.
The legal process begins with you filing a formal complaint against the concerned nursing home. Your lawyer will collect evidence, interview witnesses, and develop a solid case. This might lead to a settlement, where the nursing home agrees to compensate your loved one without going to trial.
Legal procedures come with a cost, but that doesn’t mean you should refrain from reporting nursing home abuse. Keith Law Group states that personal injury lawyers work on a contingency fee basis. That means you don’t have to pay them until you receive legal compensation. The settlement payout includes coverage for pain and suffering, emotional distress, and medical expenses.
Consumer Shield reported in August 2024 that the compensation for nursing home negligence depends on multiple factors. It includes the extent of the abuse or neglect and the practices of the facility. The settlement payout can vary, however, recent trends show an increase in the amounts awarded. For instance, in 2023, the average settlement payout for a standard nursing facility can be approximately $245,559.
How to Keep Your Loved One Safe?
After you’ve reported the nursing home abuse, it’s necessary to make sure that your loved one is safe. Here are a few steps to follow:
Relocate Your Loved One
Shift your loved one to a secure environment. Research multiple facilities and visit them to choose the one that has an excellent reputation for quality care. You may opt for alternatives such as in-home care or assisted living if they better meet your loved one’s needs. Read client reviews to get valuable insights about the potential new care facility.
Assess the New Facility
You should inspect the living conditions of the new facility. Check for cleanliness and make sure that staff members are attentive. Speak with the caregivers to evaluate their responsiveness and commitment to caring for your loved one.
That aside, you must visit the facility regularly after admitting your loved one. Maintain constant communication with the care providers to prevent any potential care-related issues.
FAQs
What is the biggest complaint in nursing homes?
The common complaint that revolves around nursing homes is neglect and abuse. Neglect manifests in multiple forms, like insufficient medical care, dehydration, and poor nutrition. Abuse can include emotional, financial, and physical mistreatment.
Which form of abuse is common in nursing homes?
Emotional abuse takes place when a person insults a resident or uses threats to control them. It is the most common form of abuse that happens in a nursing home. The World Health Organization stated that more than 32% of nursing home staff members confessed that they emotionally abused residents.
What to do when a resident is abused?
The first step is to call 911 or the police immediately if a resident is being abused in a nursing home. However, if you suspect abuse but there is no immediate danger, you can discuss the matter with others in the nursing home. It also helps if you update the nursing home authorities about it.
Therefore, recognizing the signs of nursing home abuse and responding to them quickly is essential to keep your loved one safe. Once you have identified the signs of abuse, document them and report them to a lawyer. This will help you get compensated as well as enable you to raise awareness about the issue. Also, this will make people aware of nursing homes known for neglect and mistreatment.
