How to Document Suspected Nursing Home Abuse Effectively
Nursing Home AbuseWhen you decide to move a loved one into a nursing home, their safety and well-being are likely your utmost concern. Unfortunately, nursing home abuse is a reality that many families face, and it can have devastating consequences for the victims. Understanding what constitutes nursing home abuse and knowing how to recognize the signs is important in protecting your loved one and seeking justice.
If your loved one has suffered an injury under the care of a skilled nursing home, your family can take several measures against the facility. You want a report of the abuse so the nursing home can face regulatory consequences from the state. From your family’s standpoint, you should file a lawsuit to seek financial compensation for your loved one’s injury.
You must prove that the nursing home was negligent to win your case. Since you are the one who is seeking financial compensation, you will have to carry your own burden of proof, which requires evidence and documentation. You cannot win a nursing home abuse lawsuit just from allegations and speculation.
Your family should begin to take the first steps toward a possible lawsuit by beginning to document the suspected abuse. Turning to a nursing home abuse attorney can help your family learn what you must do to put yourself in a position to receive compensation from a settlement or a jury award.
You can begin the legal process by contacting a nursing home abuse lawyer to schedule a free initial consultation. Your attorney can investigate the abuse, gather evidence, and build a strong case against the responsible parties. Additionally, they can help your family pursue financial compensation to cover medical expenses, pain and suffering, and other damages resulting from the abuse.
A nursing home abuse attorney works for you on a contingency basis, meaning you do not pay them anything for their time and services unless your family receives money in connection with your case. Then, they will receive an agreed-on percentage of your settlement or jury award. You never have to pay your nursing abuse attorney anything out of your pocket, and you will not owe them any money if you do not win your case.
Nursing Home Abuse Is Illegal
Both federal and state laws have an extensive set of regulations that govern nursing homes. The bedrock statement of your loved one’s rights is in the Code of Federal Regulations, where the rules strictly prohibit resident abuse. Specifically, federal regulations state that:
“The resident has the right to be free from abuse, neglect, misappropriation of resident property, and exploitation.”
Federal regulations define abuse broadly. The rules state that abuse is:
“The willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain and suffering or mental anguish. Abuse also includes the deprivation by an individual, including a caretaker, of goods or services necessary to attain or maintain physical, mental, and psychosocial well-being.”
The Five Forms of Nursing Home Abuse
Things that your family may not even know are actionable abuse may form your nursing home abuse lawsuit. The five primary forms of nursing home abuse are:
- Physical: Striking a resident or rough physical treatment is a form of abuse. This treatment does not have to just come from nursing home staff. A fellow nursing home resident may abuse your family member, and the facility is responsible for not preventing it.
- Emotional: Staff may berate your loved one or blame them for things that go wrong in a nursing home. Emotional abuse can cause a resident to stop eating or lose interest in activities, leading to an overall decline in their health.
- Financial: Someone from the nursing home may steal or otherwise misappropriate money or possessions from your loved one. It is also financial abuse when a staff member convinces your family member to change their will to leave property to their caretaker.
- Sexual: Any sexual exploitation is abuse, whether it is actual sexual contact or taking inappropriate pictures of a nursing home resident.
- Neglect: The nursing home’s failure to provide the proper level of care for your loved one is abuse. Malnutrition and not taking care of the resident’s hygiene are examples of neglect.
There is another form of nursing home abuse called chemical restraint, which occurs when the nursing home administers psychotropic medications to your loved one to keep them still and sedate. Nursing homes do this so that their staff does not have to give as much care to the residents.
Why Your Family Should Document Nursing Home Abuse
The reasons for documenting nursing home abuse are threefold:
- If your loved one is still alive, you want to prevent the abuse from happening again in the future.
- You want to hold the nursing home accountable for what it did and spare other families like yours from what your loved one has endured.
- You want to recover financial compensation for the harm your family member suffered.
Nursing homes rarely self-report that they did something wrong and will undoubtedly hesitate to tell your family. They know that they have potential liability, and their actions may endanger their ability to receive continued Medicaid reimbursements. Thus, it is up to your family to both detect and document nursing home abuse. You will have to remain vigilant if you want to put a stop to the abuse and receive compensation for what happened. You have the burden of proof to show that nursing home abuse occurred, and you must prepare to meet it.
It is not always simple for your family to figure out what is going on with your family member. Your loved one may not have the ability to tell you what has occurred. Their health condition or any cognitive decline can make it difficult for them to perceive what is happening to them or communicate it to you. It is up to your family to spot signs of nursing home abuse and take action. This task is not always the easiest one, and it requires that you recognize signs of nursing home abuse and prepare to act as soon as you detect them.
What Are the Signs of Nursing Home Abuse?
It is often difficult to detect that something is happening to your loved one, especially when they can not share things with you. Even if your loved one can communicate, you may not want to believe what you are hearing. However, no matter how far-fetched the story sounds, your family must investigate further when you hear that there is a possibility someone is abusing your loved one in any way.
You and your family can spot more subtle signs of abuse. One of the most common indicators that something is wrong at the nursing home is when you visit, and your family member’s appearance is disheveled. This situation is a telltale sign that they are not getting the care they are supposed to receive and suggests that far more is wrong beneath the surface. Poor hygiene and care are signs of more significant issues at a nursing home.
Other indicators of nursing home abuse include:
- Your loved one has unexplained bruises or fractures.
- Your family member suddenly becomes terrified when a particular staff member is in their vicinity.
- Your loved one loses interest in eating and other activities.
- There are unexplained and sudden changes in your family member’s behavior.
- You see nursing home staff speaking to or handling your loved one roughly.
The most important thing is for you and your family to go with your gut if you feel something is wrong. As much as you do not want to believe that the nursing home is mistreating your loved one, you must take action if you even suspect it.
What to Do if You Suspect Nursing Home Abuse
Your family needs to take immediate action if you suspect that your loved one is a victim of nursing home abuse. One of the first things you must do is report the abuse. No matter who you report the abuse to, there is an obligation for immediate action. If you report suspected abuse to the facility, they must report it to the state within two hours. The state will then take action to look into the complaint. You can also report the abuse directly to the state yourself if you are not confident that the nursing home will follow the law or if it is giving you the runaround.
Taking immediate steps to document what you have seen and know is also important. The evidence that you collect can form the basis for a nursing home abuse lawsuit. You can expect the facility to deny any allegations or state that your loved one is making things up on their own. Staff may dispute what you think you have seen and try to convince you of an alternate reality. Thus, the more documentation that your family has, the stronger the case you can file against a nursing home.
You Have People Who Can Help When You Suspect Nursing Home Abuse
If you and your family have any questions or difficulties, you are certainly not on your own, and one place that you can turn to for help is the nursing home ombudsperson. The law establishes that each nursing home must have an ombudsperson to address resident and family concerns. They should act as your advocate, fight for your loved one, and bring higher authorities into your case. An ombudsperson can also give your family tips on what to do in the face of suspected nursing home abuse.
As much as an ombudsperson can help, they cannot fight for your family to receive financial compensation for what happened to your loved one. That function is solely the job of a nursing home abuse lawyer. They can investigate what happened and advocate for your loved one’s rights. Most importantly, a nursing home abuse lawyer can fight for your family to receive compensation after you successfully file a lawsuit against the facility.
When you file a nursing home abuse lawsuit, you must have documentation and evidence to show wrongdoing on the part of the nursing home. Unfortunately, it is difficult for you to gain possession of this evidence on your own. As mentioned, nursing homes may do everything they can to stonewall your case and keep you from learning what happened. You may only get answers and evidence with the help of a nursing home abuse attorney.
Filing a Nursing Home Abuse Lawsuit
If your loved one has suffered an injury by nursing home abuse, your family can file a lawsuit against the responsible facility. It owed your loved one a duty of care, which it failed to uphold when your family member became a victim of nursing home abuse.
You need the help of a nursing home abuse attorney to file this lawsuit. Many of these cases involve a tough battle because nursing homes do not want to admit that they did anything wrong. They only want to settle the case after your nursing home abuse lawyer has built strong evidence that shows that abuse occurs.
A lawyer familiar with elder abuse and nursing home litigation understands how these cases work. They have the knowledge and experience to handle the legal processes of filing a lawsuit, gathering evidence, and presenting your case effectively. Their experience can help you build a strong case and protect your rights throughout the process.
You can and should fight to hold the nursing home accountable for what it did to your loved one. Not only can the state punish it for nursing home abuse, but your family may have the legal right to substantial financial compensation. Seeking legal assistance from a reputable attorney is instrumental in protecting your loved one’s rights and obtaining compensation for their suffering.
A Nursing Home Abuse Attorney is Standing By
Remember, no one deserves to suffer from nursing home abuse. By taking action and getting legal help, you can hold the responsible parties accountable and protect the rights and well-being of your loved one. Do not hesitate to reach out to a trusted personal injury lawyer with experience in nursing home abuse cases for the support and guidance you need during this difficult time.
Nathan Hughey, an attorney and fourth-generation South Carolinian, founded Hughey Law Firm in 2007. Before that, he spent five years defending nursing homes and insurance companies. Leveraging his experience, he now advocates for those injured or wronged by such entities, securing over $220 million in verdicts and settlements.