Nursing home abuse lawsuit
LexInter | June 22, 2022 | 0 Comments

A Guide To Nursing Home Abuse Lawsuit

Abuse in nursing homes can occur anywhere, hence the need for a nursing home abuse lawsuit. Abuse can happen anywhere, including in care camps and residential care, where relatives already have faith in the safety of their loved ones.

As a result, understanding the different types of care home neglect and the indications and symptoms described in this article will give you the knowledge you need to protect yourself and your loved ones from this sad incident.

What Is Nursing Home Neglect?

Nursing Home Neglect

In the United States, nursing home neglect has always been a terrible but all-too-common problem. It occurs when nursing home patients are not given adequate care and have medical or psychiatric issues.

According to the National Commission for Crime Victims, neglect is the cause of 15.3% of nursing home abuse allegations.

Many nursing homes show respect to their senior inhabitants. But unfortunately, some nursing home employees do not provide enough care for elderly patients. Neglect is always unacceptable when failing to attend to a nursing home resident’s basic needs.

The following are some examples of nursing home neglect:

  • Leaving a resident with mobility issues alone for hours at a stretch in their space.
  • Failing to contact a medical professional at the right time.
  • Failure to change a resident’s bedding as frequently as possible.
  • Failure to clean a native daily when it is required.
  • Not providing enough food or water to the indigenous people.
  • Failure to treat a resident’s injuries.

Finally, many of the most common concerns among elderly patients in nursing facilities are a lack of timely care from staff members. Unfortunately, care cannot always be postponed.

For instance, an elderly patient who cannot move on their own may require assistance to use the restroom. Suppose the personnel are overburdened or refuse to respond to the elderly’s requirements promptly.

In that case, they may be forced to carry out their biological functions in their bed or chair, resulting in hygienic problems which could have been avoided with prompt care.

Staff members at nursing homes help residents and give the finest care possible. However, they should not be the sole source of appropriate care and monitoring.

Elder Neglect And Abuse Symptoms

Elderly Financial Abuse Claims

If you’re concerned that an elderly relative is being abused, keep an eye out for these warning signs:

  • Sores on the bed
  • Experiencing pain, cuts, or welts that aren’t described
  • Shifts in one’s mental state
  • Emotionally unstable, with mood swings regularly
  • Refusing to take medicines or consume food.
  • Demonstrate indications of dehydration
  • Infections.
  • Fractures
  • Inadequate sanitation
  • A tendency to retreat
  • A decrease in weight that can’t be explained

Now that we’ve covered the fundamentals of a nursing home abuse lawsuit, let’s look at some nursing home abuse examples.

Types Of Nursing Home Abuse

Physical, mental, and sexual abuse in nursing homes can take many forms, including slapping, grabbing, striking, and pushing (illicit meetings with members of the staff, lesions, bruising).

In addition, it can include beating, burning, pinching, yelling at, or rapping older adults.

The following are some nursing home abuse examples:

  •  A resident whose employees have been physically harmed.
  •  A patient who caretakers or employees verbally mistreat.
  •  A vulnerable patient who is coerced, compelled, or persuaded to have sexual contact with an employee.
  •  A patient who is forcibly held without justification, medical evaluation, and release.

Malnutrition

When the body is not properly nourished when it is not adequately nourished, it becomes weak.

Dietary requirements may vary as a result of medicines or health conditions. Malnutrition can occur if the nurse fails to keep track of a resident’s food restrictions.

Malnutrition manifests itself in the following ways:

  • Muscle mass loss.
  • Irritability.
  • Dry Skin.
  • Loss of weight.
  • Kidney disease.
  • Death.

Dehydration

To sustain biological processes and survive, residents must consume enough water daily. Withholding water can cause significant health problems and death in the worst-case scenario.

The following are signs of dehydration:

  • Thirst.
  • Dry Mouth.
  • Infrequent urination and urine that is dark in color.
  • Dizziness.
  • Muscle exhaustion.

Loved ones and visitors need to keep an eye out for these types of nursing home abuse.

Now that we have covered some nursing home abuse examples, let’s go over how you can stop abuse at these nursing homes.

How To Stop Nursing Home Abuse

nursing home abuse

To stop care home abuse, it is necessary first to accept that it occurs. According to Malmedal, making it possible to perceive abuse and neglect and understanding the severity of the consequences for residents is a critical element of excellent practice.

Knowing this, we can now discuss how to stop nursing home abuse.

Enhanced Awareness

Increased awareness is the first step toward a solution. The vast majority of individuals, especially those who have relatives in nursing homes, are unaware that abuse is a severe problem.

People will be more aware of what is going on behind closed doors due to more visible television ads and more feature stories like this.

Increased Oversight

More regulation of nursing homes is needed to guarantee that they are not engaging in risky activities. The Center for Medicare and Medicaid Services (CMS) leads this charge.

“America needs care facilities that ensure inhabitants are treated with respect and kept safe from neglect and abuse; recognized for quality and value, and that have transparent patient outcomes; all without needless paperwork that hinders providers in focusing on patients,” CMS said.

CMS has begun a complete examination of legislation, norms, practices, and organizational structure regarding the efficiency and security of care homes starting in Spring 2019. This review is expected to result in increased oversight from appropriate regulatory organizations.

Other measures to prevent nursing home abuse include:

  • Educating people who work with the elderly, who are at risk, about how to recognize threats and take appropriate action.
  • Collaboration and cooperation among interagency and multiagency agencies.
  • Providing people with the ability to manage their own lives.

Now that we’ve covered how to stop nursing home abuse, let’s explore the legal actions one can take against the abuse.

Pursuing Legal Action Against Negligent Nursing Homes

Legal Action

A nursing home abuse lawsuit is a civil procedure that can be brought after an older person has been gravely wounded while residing in a nursing home.

A civil action enables participants and their families to recover money from nursing homes and staff members who have wronged them (defendants).

After a care home abuse incident has occurred, it is reasonable to consider bringing a nursing home abuse lawsuit. Lawsuits allow elderly people and their relatives to obtain fair justice and substantial remuneration.

A handful of nursing home abuse lawsuits have resulted in $1 million or more settlements for older adults and their loved ones—victims of nursing home neglect and abuse—demanding damages from the care facility. And any of the personnel responsible for the abuse in this action.

A legal nursing home abuse action can be brought and prosecuted with the assistance of an attorney. Lawyers who specialize in adult abuse cases can assist in the creation of a strong nursing home abuse lawsuit and fight tirelessly to get as much money and wealth as feasible.

Personal injury and wrongful death are the two most common suits brought against nursing homes.

Personal Harm Nursing Home Abuse Lawsuit

If a resident of a care facility suffers any harm while receiving long-term care, it is perfectly acceptable to file a nursing home abuse lawsuit against the facility.

This form of litigation will detail how the resident victim was wounded due to the nursing camp’s mistreatment and why they are responsible for the injury.

Personal injury lawsuits have been filed in the past for the following reasons:

  • Nursing home medical incompetence.
  • Neglect in nursing homes.
  • Physical abuse.
  • Sexual assaults on several occasions.

Wrongful Death Lawsuits

What Is A Wrongful Death Claim

If an elderly patient dies due to nursing home maltreatment, loved ones and close relatives can initiate a lawsuit.

This lawsuit is automatically filed if:

  • A former nursing home resident died of mistreatment before filing a lawsuit.
  • A resident had filed a case for mistreatment but died from their injuries before they could be resolved.

The following are some of the parties who can be sued in a nursing home abuse lawsuit:

  1. Beings who inflict pain or suffering on their victims due to their abuse and neglect.
  2. The operator of this care facility.
  3. The supervisors who know about this abuse.

Aside from monetary compensation, there are additional ways to be compensated for initiating a nursing home abuse lawsuit:

  • The expense of switching nursing facilities.
  • Suffering, aches, and pains.
  • The medical equipment that was used.
  • The total cost of the hospital stay.
  • Attorney’s fees in addition to the overall cost of bringing the lawsuit.
  • Physical therapy.
  • Medical expenses.
  • Psychotherapy for mental illness.
  • Other damage arising from abuse.

Care homes are held accountable in a variety of ways, including:

  • Putting their staff in positions of care without sufficient training.
  • Being understaffed and not providing adequate care.
  • Hiring people who have a history of being violent or irresponsible.

Here are the steps involved in filing a nursing home abuse lawsuit:

  1. Begin with the symptoms of abuse.
  2. If there are signs of abuse, file a report.
  3. Reach out to a nursing home attorney to help file a lawsuit against the nursing home.

Nursing home abuse going unnoticed can cause serious harm to your loved ones before it’s too late. If you suspect nursing home abuse, please reach out to an attorney to discuss the case and help you decide whether to pursue a nursing home abuse lawsuit.

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Lexinter Law, with a team of dedicated authors who strive to provide you with all the relevant and actionable tips on the legal aspect of your life. Our goal is to educate you so that you can make legal action with ease, or find the right person who can help you with your unique personal legal dilemma. Take care!

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