Nursing homes are supposed to be safe places where residents receive the care they need, particularly older people who can no longer care for themselves. Unfortunately, seniors are among the most vulnerable populations who suffer abuse and neglect in these facilities.
The types of abuse and neglect that can occur in nursing homes vary, so recognizing the signs and knowing what to do is critical to keeping elderly people safe. If your loved one has suffered mistreatment in a nursing home, you can explore your legal options with a nursing home abuse lawyer in Maryland. Many attorneys and firms offer free consultations to help clients understand what steps they can take to protect their loved ones.
What Is Nursing Home Abuse?
Nursing home abuse involves the physical, sexual, or psychological abuse of a facility resident, particularly one who is older. Per the Code of Federal Regulations 42 CFR § 483.25, nursing home residents are entitled to quality care that secures their health, well-being, and safety.
Various types of nursing home abuse that can occur include:
- Physical abuse. This form of abuse involves hitting, kicking, slapping, shoving, or any action that causes physical harm or injury.
- Psychological or emotional abuse. This type of abuse affects one’s mental health and emotional state, causing them distress and sadness. This form of emotional abuse can involve intimidation, threats, insults, or ridicule. Victims can also involve screaming or yelling at residents or isolating them.
- Sexual abuse. This constitutes any unwanted physical contact of a sexual nature. Sexual abuse includes rape, sexual assault, fondling, and molestation, along with inappropriate sexual jokes, comments, and conversations.
- Financial abuse. Every nursing home resident is entitled to their own money and belongings. Still, some facilities unlawfully restrict a person from their money, assets, and other financial resources. Fraudulent debit or credit card purchases, unusually large cash withdrawals, or taking over someone’s accounts are all signs of financial exploitation.
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What Is Nursing Home Neglect?
Your loved one has certain protections and liberties under the Nursing Home Bill of Rights. This includes the right to live free of abuse, neglect, and discrimination.
Neglect occurs when a caregiver or facility fails to meet a person’s basic needs, whether intentionally or from oversights due to understaffing. Examples of nursing home neglect include:
- Failing to meet a person’s need for food, water, and shelter
- Failing to help residents maintain their personal hygiene
- Failing to keep a person’s bedding and clothes clean
- Failing to change a person regularly and ensure they take the proper medication
- Failing to diagnose a person’s symptoms and get them the proper medical care
Signs of physical neglect include a disheveled appearance, bedsores, unexplained weight loss, broken bones, cuts, and bruises, among others. If you consistently see these signs in a loved one living in a nursing home, it could indicate neglect or abuse.
What Are the Risk Factors for Abuse and Neglect in Nursing Homes?
When you entrust your loved one to a care facility, you expect them to receive care in a safe and comfortable setting. However, there are certain “red flags” in some care facilities that can indicate abuse or neglect. They include:
- Understaffing. Staffing shortages at a facility could indicate residents do not receive the attention required for their care. For instance, there may not be enough caregivers to turn and reposition them so they can avoid developing pressure sores.
- Underqualified healthcare providers. Underqualified nursing home staff is another sign that a facility’s residents aren’t getting the care they need. Nursing homes may hire unqualified workers to save money.
- Your loved one experiences certain illnesses or physical injuries. It’s normal for seniors in care facilities to have health problems. Yet, if you notice bruises in different stages of healing, malnourishment, and frequent urinary tract infections (UTIs), your loved one might not be getting adequate care.
If you suspect elder abuse or neglect is occurring at a nursing home or care facility, trust your instincts. You’re not going to get in trouble for making a good-faith report. The steps for reporting primarily depend on where you live. Generally, however, you can call the Adult Protective Services (APS) department serving your area.
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Who Is Liable for Abuse and Neglect in Nursing Homes?
Nursing homes have a legal duty of care to ensure their residents’ safety. Injured parties that want to sue a long-term facility could seek damages from:
- A nursing home staff member who fails to care for a resident properly
- A facility that fails to secure the premises to keep residents from wandering off the property (also called “elopement”)
- A nurse who gives a patient the wrong medication (or too much or too little of a prescribed medication)
- A manufacturing company that makes a defective medical device residents use
- A third-party contractor or supplier, such as a cleaning company or a security firm
When you work with a nursing home abuse lawyer, they investigate your loved one’s living conditions to determine the extent of their mistreatment. Then, based on their findings, they can determine the liable party or parties.
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Call Jenner Law for Help from a Nursing Home Abuse Lawyer
It’s important to understand the types of abuse and neglect that can happen in nursing homes. That way, you can take action if you notice something amiss with your loved one’s health or quality of life.
If your loved one is experiencing abuse or neglect in their care facility, you benefit from consulting with Jenner Law. Our Maryland personal injury lawyers can investigate their treatment and pursue compensation from the negligent party. With financial recovery, you can transfer your loved one to a new care facility and better their well-being.
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