Holding Care Providers Responsible for Elder Abuse and Negligence

It is difficult enough to place your elderly family member in a nursing home. We trust that the nursing home we selected will take good care of the people we love. Unfortunately, violations of that trust occur in nursing homes and assisted living facilities every day throughout Pennsylvania and New Jersey, and the resulting injuries are serious and often catastrophic.

If you suspect that your elderly loved one may be the victim of nursing home abuse or neglect, you must act immediately. Raise your voice to those in charge at the facility and contact a personal injury lawyer. At Full Court Justice, you can speak with a nursing home abuse lawyer confidentially and free of charge for a case evaluation. The personal injury lawyers at Full Court Justice can handle nursing home abuse cases in Philadelphia, Chester County, Montgomery County, Delaware County, Bucks County, Lehigh County, and all over New Jersey. Read more about what you can do to protect your loved one from nursing home abuse.

If you or a loved one has suffered elder abuse or neglect, it’s time to talk to a lawyer. Contact Full Court Justice at (215) 770-0282 to schedule a free, confidential case consultation with an experienced nursing home abuse lawyer.

Types of Nursing Home Neglect and Abuse

Unfortunately, there are many different ways an elderly person can become a victim of nursing home abuse. The personal injury lawyers at Full Court Justice have helped victims and their families all across Pennsylvania and New Jersey for a variety of nursing home abuse violations. Some examples of nursing home abuse violations include:

Negligent Supervision

This is when a caregiver fails to provide the level of supervision that a reasonable nursing home professional should. As part of admitting a new patient, a nursing home or assisted living facility should be aware of the limitations of the resident and have a plan in place to protect that resident. If a resident needs around-the-clock supervision in order to be safe, then the facility should provide that, or inform the family that they are unable to, so the family can find another facility that can. If a resident is not being supervised and has a slip and fall or trip and fall and fractures a hip or breaks a leg, the nursing home may be held liable for the damages the resident sustained.

Physical Abuse

This can include hitting, shoving, pushing, physically restraining, or manhandling elderly patients while changing clothes or diapers. Physical abuse can also involve the unnecessary use of force or rough handling. Seniors may have limited mobility or have medical conditions like osteoporosis, which can make them more likely to suffer injuries from even seemingly minor aggressions. Signs of physical abuse include repeated or unexplained injuries and the resident being fearful of the staff.

Emotional Abuse

Threatening, taunting, or verbally directing elderly residents to do demeaning things are all examples of verbal abuse. Emotional abuse can also include purposefully ignoring a resident’s request, not responding to their call light, or isolating them from others. Caregivers engaging in this kind of activity are trying to dominate and demean your loved one for their own gratification. Emotional abuse can be just as damaging as physical abuse, and nursing home facilities and staff members need to be held accountable.

Sexual Abuse

Unfortunately, the elderly residents of nursing home facilities are often unable to protect themselves from caregivers or staff who have the worst intentions. Sexual abuse of elderly residents at nursing homes can include rape, improper groping, demeaning comments and gestures, and taunting. Many of these victims are too scared to report their abusers out of fear of further retaliation. This type of abuse is also unfortunately all too common in memory care facilities and other situations where residents may not have the mental capacity to understand what is going on or report it. Signs to look for include torn clothing, bruising in unusual places, frequent UTIs, and the presence of sexually transmitted infections.

Financial Exploitation

Misuse of the elder resident’s personal checks, credit cards, or accounts, stolen cash, social security checks, or jewelry, forged signatures, as well as forced changes to wills and powers of attorney, are all examples of how nursing home abuse can be in the form of financial exploitation.

Improper Medication

Elder residents are often overmedicated or given the wrong medication altogether. This can occur because of a lack of attention to detail by the staff or as a way to tranquilize the resident so that they do not need as much attention.

Sepsis

Sepsis is a severe infection caused by bacteria in the tissue or blood. Though these infections can sometimes happen under good care, when left untreated, they spread, becoming larger and more severe. In the worst-case scenarios, this can lead to infections in the brain and heart and be fatal.

Malnutrition and Dehydration

Proper nutrition and hydration are essential to the residents of nursing homes and assisted living facilities. Fluid intake is essential to the elderly’s well-being, and it should be expected that a nursing home provides proper diet and hydration. Malnutrition and dehydration can lead to disease, ulcers, and immobility.

Slip and Falls

If a nursing home resident is assessed to be a fall risk, then it is vital that the staff maintain a watchful eye and provide support when the resident is mobile. The elderly are much more prone to broken bones and dislocated hips as a result of slips and falls.

Bed Sores

Also called pressure sores, bed sores can be debilitating and even deadly. They develop when residents who aren’t able to move well on their own are left in the same position for long periods of time. Failing to provide clean bedding and treatment for beginning sores can also qualify as abuse and/or neglect.

Wrongful Death

Losing a loved one due to nursing home abuse or neglect is a horrible experience, and it’s never excusable. When a resident ends up dying as a result of nursing home neglect or abuse, the estate of the deceased has the right to bring a wrongful death lawsuit. While nothing can bring back a loved one or make up for the poor care they experienced, these claims can help the family recover damages for expenses related to medical treatment and funeral costs. In some cases, they may also be able to get compensation for the emotional impact of losing their loved one.

Warning Signs of Nursing Home Abuse

As a family member, you are often a nursing home resident’s best protection against abuse and neglect. As you visit your loved ones, there are physical and behavioral signs that can tip you off that your family member may be the victim of nursing home abuse.

Relationship With the Caregiver

Frequent arguments or tension between your family member and the caregiver can be a sign of nursing home abuse. While it’s normal for there to be misunderstandings or disagreements from time to time, a strained relationship may indicate mistreatment. Documenting these issues and reporting concerns to the facility can help an attorney establish your case later on.

Changes in Behavior

If your elderly family member has had changes in personality or behavior that you have noticed, that could be a sign of nursing home abuse. Things to look for include sudden mood swings, symptoms of anxiety or depression, and refusing to participate in activities they previously enjoyed.

Noticeable Bruises

Does your elderly family member have bruises, welts, or scars on their body that have not been explained? Unexplained injuries or recurring bruising can be a sign of abuse or neglect. This is especially true when the bruises appear in unusual places, such as the upper arms, where a caregiver might be grabbing the person.

Broken Bones

As people age, their bones can become more brittle, and breaks aren’t uncommon in the elderly. However, unexplained injuries can be cause for concern, as can breaks from falls if they indicate the person is being left unattended for long periods of time.

Sprains and Strains

Repeated sprains and strains can indicate that a resident is being moved too quickly, such as if the staff is rushing or using improper lifting techniques. These could be signs that nursing home staff don’t have the proper training to provide safe care, or they are being negligent.

Broken Eyeglasses

Anyone who wears glasses knows that a break is inevitable at some point. But repeatedly finding broken eyeglasses can be a sign of abuse or negligence. Glasses can break if the resident falls when not being properly supervised or during an altercation with staff members.

Signs of Restraint

Bruises or marks on the wrists can be an indication that your elderly family member is being tied down. There are very specific procedures that must be followed when using restraints, and improperly restraining a patient can be a major sign of abusive practices.

The Caregiver Refuses to Leave You Alone With Your Loved One

If you are feeling as though the caregiver will not leave you alone with your elderly family member, that may be an indication of nursing home abuse. In some cases, this can be a sign that the caregiver is trying to keep the resident from being able to speak freely or report abuse.

Weight Loss

If it looks like your elderly family member is losing an unusual amount of weight, it may be due to malnutrition and dehydration from neglect. Sudden or unexplained weight loss should always be reported to and addressed by a physician, as even if abuse isn’t happening, it could be a sign of a new or worsening medical condition.

Bed Sores

Bed sores are usually the result of not being moved around enough. While this can be challenging to manage in residents who are unable to move without assistance, the nursing home staff has a responsibility to do everything they can to prevent and treat bed sores.

Dirty Living Conditions

Nursing home abuse and neglect aren’t always about physical injuries. Unsanitary living conditions can endanger residents and be a sign that neglect and mismanagement may be more widespread facility issues. Keep an eye out for bugs, soiled linens, dirty clothes, and dirty floors, as these are signs that the facility and staff are struggling to meet residents’ basic needs.

Poor Personal Hygiene

If your elderly family member is left dirty or unbathed, this is an indication of nursing home neglect. Poor grooming, such as unwashed hair, nails that need clipping, and clothes being worn for multiple days, are also warning signs.

Significant Withdrawals From the Resident’s Bank Account

Sudden changes in the resident’s financial condition can be a sign of financial abuse. This is one of the most common forms of elder abuse, and it can be one of the hardest to identify. Residents may often appear to be giving money willingly, but they are vulnerable to manipulation from others who may say they need the money for food or other basic needs.

What Is the Legal Process for Nursing Home Abuse Claims?

Filing a nursing home negligence lawsuit is a way for families of victims to hold both the nursing homes and the care staff accountable when nursing home patients experience abuse or neglect. The first step in this process is to have an initial consultation with one of our attorneys. We’ll listen to your experience and determine whether there is a legal claim for abuse or neglect. Our team will get to work collecting and reviewing evidence and documentation to build your case.

Many of these cases are able to be settled outside of the courtroom through negotiations, and we’ll discuss those options with you and the opposing party. If a fair resolution isn’t able to be reached, we’ll start the process of formally filing a lawsuit against the liable party.

Talk to a Nursing Home Abuse Lawyer

Many elements go into a nursing home abuse lawsuit. If you feel that you or your loved one is the victim of nursing home abuse or nursing home neglect, contact a Philadelphia personal injury lawyer at Full Court Justice for a free and confidential case evaluation today. You can reach our Philadelphia office at (215) 770-0282

Disclaimer: This website is for informational purposes only. It is not legal advice, and nothing on this site should be taken as legal advice for any individual care or situation. Full Court Justice has offices in Philadelphia, Wayne, and Voorhees and serves clients throughout Pennsylvania and New Jersey.