Many legal violations don’t even get reported in nursing homes or any other care facility due to cost or a lack of protection. Victims may not speak out because they are afraid of retaliation and they often blame themselves when they are presented with a situation that is completely outside their control.
If you suspect that a family member or friend has been abused or neglected in a nursing home, contact us immediately. A nursing home abuse attorney at Wright & Gray will launch an initial investigation to determine the validity of your claim. Once they find proof, they’ll help you take legal action against the facility.
Nursing home abuse is a serious issue that has become rampant in the past few years. Victims need to seek physical and mental help from a competent lawyer as soon as possible. We’re here for you 24 hours every day, 365 days a year.
Nursing homes have been around in the US for a while and have been helping elderly loved ones relatives. They provide care as well as comfort until they get better and can return to society. Nursing homes can often offer around-the-clock medical supervision care. They’re ideal for people who need intensive care or individuals whose health has deteriorated.
Nursing care homes provide a safe, caring, and supportive environment for elderly residents in a perfect world. Unfortunately, this is not always the case. A small amount of people didn’t live up to their expectations and prevented others from getting a good outcome. Unfortunately, this abuse came with a high price. Nursing home residents have died due to mistreatment, and many people have been subject to abusive treatment in hospitals.
When one of your loved one experiences abuse in a nursing home or under terrible living conditions, the law allows you to seek financial compensation. The process of seeking compensation on your own would be difficult, so it is important for you to discuss the matter with a lawyer first. Get help on the legal side of elder law disputes like nursing home abuse, neglect or estate planning from a top attorney at Wright & Gray.
Slip and falls are the leading cause of nursing home injuries
There are many types of abuse not just physical, but sexual, emotional and financial. When in doubt about a loved one’s situation, ask questions and check their accounts for suspicious-looking transactions.
What Is Nursing Home Abuse?
Sometimes the people you love need help to live independently. The abuse that sometimes occurs in nursing homes is a major concern for not just the elderly, but also their loved ones who care for them. A report published by the organization reveals that in 2020, 1 in 6 seniors 60 years and older have experienced emotional or physical abuse in community settings.
Abuse at nursing homes is quite common in the United States. According to the Centers for Disease Control and Prevention, from 2002 to 2016, more than 643,000 people were treated in the emergency department for nonfatal assaults and over 19,000 homicides occurred. Louisiana is one of the states that has been deeply affected by this problem.
Over 14% of nursing homes in Louisiana have already been found to be deficient. Moreover, the average resident only receives 32 minutes of care on any given day. Moreover, only 8% of the facility’s staff even have a Registered Nurse’s license or higher degree. These statistics might cause some to be discouraged. They show that nursing homes in Texas are more likely to get sued for abuse and neglect than other states.
What Are the Most Common Types of Nursing Home Abuse Cases?
Nursing home abuse and neglect can come in many different forms, as demonstrated below.
Medical Neglect
Negligence happens when care is not provided, or if a patient is harmed due to misappropriation of resources. For example: a nursing home staff fails to meet a resident’s health care needs.
- Failing to administer medications when needed or administering the wrong medication can result in severe complications.
- Taking care of your medical needs is important, but you shouldn’t be fearful of the doctor-patient relationship getting out of hand. All doctors have to adhere to strict guidelines and practice ethical standards.
- Not focused on physical activity and exercise, thereby causing bed sores.
- Don’t tell your doctors or nurses about your signs of illness – it’s not necessary.
Social/Emotional Abuse
Social interactions can improve elderly residents’ mental health. However, nursing home employees can prevent residents from mingling, thereby potentially distancing them from others and depleting their mental and emotional well-being. One example of this is isolating vulnerable or dependent seniors.
Physical Abuse
Physical abuse is generally a scary, yet simple term and it really does take a lot of forms. It is typically characterized to include slapping, hitting and kicking, but it can also including burning someone. The effects of abuse on elders can be quite severe and they may result in serious illness or death.
Sexual Abuse
Sexual abuse is a serious issue, and it’s important to understand the legal ramifications of your actions. It can include almost any kind of sexual contact or non-contact we try to put into words.
Mental Abuse
That’s a difficult one, because it’s not easy to define “verbal and non- verbal behaviors” that cause elders anguish, fear, mental pain or distress. For example, it can be humiliating and disrespectful of the elderly; harassment with words or without words; threats with words or without them; and geographic isolation.
Neglect
Neglect is the failure of the nursing home facility to provide for the basic needs of residents. It includes things such as under-cooked food, unsanitary living conditions, inadequate hygiene, lack of clothing and when medical care is required.
Financial Abuse
This is a form of abuse that has the potential to take someone’s money, benefit, belongings, property or assets and use them for the benefit of someone other than an older adult. To learn more about how it’s illegal, look up “financial elder abuse”.
What Causes Nursing Home Abuse?
Several factors can lead to substandard care in a living facility, including the following:
- Inadequate staffing.
- Negligent hiring practices.
- Individual resident risk factors.
- Some companies have faced difficulties because they don’t provide adequate training to staff and they don’t have enough experienced nursing personnel.
- Underpaid staff.
- This can lead to poor supervision, management, and accountability.
- Individual caregiver issues.
What Are the Signs and Symptoms of Nursing Home Abuse and Neglect
When you have a loved one who is no longer able to care for themselves at home, it is time for them to go somewhere that the staff are licensed and qualified. It may be hard, but there are signs and symptoms of abuse when you visit your loved one in assisted living facility to make sure their care is up-to-par.
- Broken bones.
- Dehydration.
- Pressure ulcers, also known as pressure sores, are painful areas on the skin where part of your weight is put on an area and you don’t have stretch marks/see redness. They can break down the top layers of your skin and leave a bumpy scar in its place.
- Bruises.
- Insomnia.
- Burns.
- Personal hygiene issues.
- Malnutrition.
- People can experience significant personality changes, even on a relatively short period of time.
- Whether you’re a new or existing patient, the Dr. Janis Medical Group can help you find the right physician who can care for your needs.
- Other unexplained injuries.
Has a loved one been injured in a nursing home?
If you are concerned for the welfare of a loved one, contact our law firm immediately. Our attorneys will launch an investigation to determine the validity of your claim. Once they find evidence, they’ll use it as evidence when taking legal action against a care home.
Can You Sue for Nursing Home Abuse and Neglect in Lake Charles?
A law in Louisiana protects adults aged 60 or older from acts of physical and emotional abuse and neglect inflicted by their caretakers. In many cases, if you believe that your loved one’s eldercare facility is abusing or neglecting them, you should report it to Elderly Protective Services.
After you file your report, it is important to consider any legal options you might have. In cases of elder abuse at nursing homes, many Lake Charles plaintiffs win cash settlements. However as with most lawsuits worth winning there are a lot of hurdles to overcome to reach the settlement. Hiring an attorney to find out whether your loved one was mistreated or neglected at a care facility is a smart move you can make to help prove that there is culpability and getting compensation for related damages. Having the needed documents in hand will make it simpler for your lawyer to make their case.
How Do You Prove Negligence in a Nursing Home?
You should gather evidence before beginning legal proceedings against a residential care facility. First, you would need to prove negligence by following these steps:
- Signs of abuse, both physical and psychological, can vary widely but can be easily and often found in a variety of places. You should stay attentive and note them if you see one or your signs are ignored.
- The records obtained were those of the next patient to be admitted and they included information on their last admissions, diagnosis, and medications taken.
- You look down and see that there is a lot of litter coming out of your pictures, suggesting a living condition in need of change.
- Access to complaints filed with the EPS.
- Taking witness statements.
- Gathering information on the past inspection records of the nursing home and whether or not there have been any citations during this time.
- Hiring a trusted attorney.
What Is the Role of a Lake Charles Nursing Home Abuse and Neglect Lawyer?
Abuse happens in nursing homes, which can understandably be a difficult and unsettling experience. If you suspect your loved one is being abused, it’s important to speak out immediately and to get the help of a lawyer before the issue escalates. Once they find proof, they’ll help you take legal action against the facility who is responsible for your loved one’s neglect.
This often involves starting a civil lawsuit if you were the victim of an injury or wrongful death. There are also criminal complaints that need to be filed that involve abuse, like sexual abuse and financial abuse. Our attorneys are trusted experts who are great listeners and know the law inside and out. Plus, we will take care of every aspect of your case so you don’t have to worry about anything.
We care about representing our clients to the fullest extent of the law and seeing that justice is served. Give us a call today for a free case review by calling (828) 309-2340.
