Nursing Home Abuse – What You Need to Know to Protect Your Loved Ones.
More than 2 million cases of elder abuse are reported each year, with almost 1 out of every 10 elderly individuals experiencing some form of elderly abuse.
Yet, as staggering as these figures are, the majority of elderly abuse cases remain unreported each year. The epidemic of elder abuse is largely the result of vulnerable victims and what amounts to an information gap. Quite simply, families typically don’t have the resources needed to address the medical needs of older individuals that require special medical care. As a result, families delegate medical decisions to nursing facilities. A problem arises where those nursing facilities
breach the high level of trust placed in them resulting in injury to the elderly patient. When such injuries occur, the patient and his or her family members have the right to sue the facility to recover their damages. Since the elderly patients are a highly vulnerable population, family members must play an important role in noticing common signs of abuse and take immediate action. Common warning signs include:
- Unexpected or unexplained falls
- Unexplained injuries like broken bones and sprains, head injuries, bruises, burns, cuts or abrasions
- Infected bed sores or pressure ulcers
- Malnutrition and dehydration
- Unsanitary or unclean conditions
- Agitation, withdrawal or fear
- Frequent crying
- Complaints of poor treatment
- And even untimely or unexplained death
Nursing Homes Can be Held Liable for Abuse and Neglect in the Following Types of Cases:
- Negligent Hiring
- Understaffing
- Inadequate Training
- Third-Party Responsibility Claims
- Breach of Statutory or Regulatory Rights
- Medication Errors
- Negligent Hiring
Nursing homes have a duty to hire personnel who are properly qualified and have no record of abuse or violence. If a nursing home hires its employees without conducting background checks, it puts the nursing home residents at risk. Thus, the nursing home can be held responsible.
Understaffing
A report from the Center for Disease Control (CDC) shows the average staff to resident ratio is 1 staff member to every 1.64 residents. Patients are more prone to neglect where a nursing home fails to employ a reasonable number of staff members. In addition, low numbers of staff can lead to stress often causing loss of morale and compassion. Nursing homes can be found liable where a patient suffers an injury or dies as a result of the failure to have an adequate number of caretakers.
Inadequate Training
Nursing homes can be held liable where they cannot establish that their employees have not been provided with proper training to handle disabled and disobedient residents.
Third-Party Responsibility Claims
Nursing homes can be held liable for any abuse caused by third parties within the residence. An
example is where a resident is injured by another patient.
Breach of Statutory or Regulatory Rights
Residents are entitled to fundamental rights of privacy and dignity. Nursing homes can be held
liable if its employees violate one of these rights.
Medication Errors
Patients can suffer severe injuries if they aren’t provided the right dosage of medication. If the patient is injured, the nursing home employee, physician, or even pharmacist can be held accountable. Bernard M. Tully can help to report cases of abuse to the proper authorities and take the necessary steps to ensure that your rights are protected.
It is important to document all information. In the majority of cases the nursing home will attempt to settle your claims. We can assist in helping you to receive the maximum possible recovery. If necessary, Bernard M. Tully will pursue your claim to obtain a verdict on your behalf. If you suspect your loved one is being abused or neglected, contact our firm today.