Left Unchecked: How To Identify, Report, And Litigate Nursing Home Abuse
It’s no secret that nursing home abuse is on the rise. In fact, it’s estimated that over 1 in 5 nursing home residents experience some form of abuse or neglect. Nursing home abuse can take many forms, from neglect to physical and sexual abuse.
If you suspect nursing home abuse is happening in your loved one’s care, it’s important to know how to identify it and report it. If you wish to take legal action, there are several avenues and opportunities available to you.
What Is Nursing Home Abuse?
There is no one definition of nursing home abuse, as it can take many different forms. Generally speaking, however, nursing home abuse can be broadly defined as any act or omission that results in significant harm or distress to a nursing home resident. This includes but is not limited to:
• Neglect: The failure to provide the necessary care and support that a nursing home resident needs in order to maintain optimal health and well-being. This can include things like withholding needed medication, not providing enough food or water, or not providing adequate hydration.
• Physical Abuse: The infliction of pain or injury on a nursing home resident without their consent. This can include slapping, kicking, punching, slapping again with an open hand so as to cause bruising, pulling hair, throwing something at someone, and using other violent means.
• Sexual Abuse: Sexual contact by a person who is not the resident’s spouse against the wishes of the resident. This includes forcible touching of any kind (including grabbing and fondling), exposure to sexual images or materials without consent, and making references to sexual activities without consent.
Reporting Nursing Home Abuse
If you believe that your loved one has experienced nursing home abuse—either from neglect or physical abuse—you should immediately seek out help. There are several places you can turn for support if you need it: your local police department, abuse hotline (listed below), or the National Association of State Boards of Nursing (NAN).
It’s also important to know who should be contacted if you report elder abuse in a nursing home. The abuse coordinator is responsible for ensuring that all proper investigations are conducted into any allegations of abuse and that those responsible are held accountable. In most states, this person is typically either the head nurse or the nurse in charge of residents’ care.
What To Do If You Suspect It’s Happening To Someone You Care For
If you think your loved one may have been abused in a nursing home setting—even if they haven’t mentioned it themselves—it’s important to take action right away. Here are some tips on what you should do if you suspect your loved one is being abused:
1) Talk To Your Loved One About It: Most victims of nursing home abuse don’t talk about what’s happening until it feels too late. Don’t let this be your loved one’s story too! Start by talking to them about what you suspect is going on and see if they have any information about the situation that could help corroborate your suspicions.
2) Get Their Medical Records: If there has been physical violence perpetrated against your loved one, their medical records may contain evidence of it. Make sure to request copies from their doctor and nurses’ station immediately if there are any suspicious injuries noted on their records (such as recent surgery-related injuries).
3) Contact The Nursing Home Abuse Coordinator: If your loved one is in a long-term care facility, there may be an abuse coordinator on staff who can help you investigate the situation and protect your loved one.
4) File A Report With The State: If everything indicates that your loved one is being abused in a nursing home setting, it’s important to take swift action and file a report with the state. This will help ensure that the perpetrators of this violence are held accountable and protected from future victims.
Legal Options Available To You
There are plenty of personal injury lawyers that are representing those who suffered abuse in nursing homes. When it comes to selecting your attorney, it’s important to meet with them in person and discuss your specific case.
The Lawsuit Process In A Nursing Home Abuse Case
Before filing a lawsuit, it’s important to gather as much evidence as possible. This means preserving all medical records, interviewing everyone who was involved in your loved one’s care, and conducting your own independent investigation.
If you choose to file a lawsuit, be prepared for a long and difficult process. However, the outcome may be worth it if you can get justice for your loved one.
If you or someone you know is suffering from any form of elder abuse, please don’t hesitate to reach out for help. There are many organizations available to provide support and resources, and we are here to help guide you along the way.
