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Nursing Home Abuse Attorneys

Nurses and other healthcare professionals care for more adults over the age of 65 than any other patient population, and the care of the elderly should be one of our nation's top priorities.

Unfortunately, recent studies indicate elderly abuse is on the rise, and there are many reasons for this. One of the main reasons abuse occurs and continues to be underreported is because the elderly,  due to their deteriorating health and their mental and physical conditions, may be the least able to communicate physical or emotional abuse. The elderly also may be unable to recognize the signs of abuse or lack the ability to stop and prevent the abuse. Because of this, many elderly are simply left to suffer in silence.

Abuse may also occur because the elderly have certain functional limitations, physical and emotional needs, medical demands, and medication issues which may be difficult for some health care workers to provide. Additionally, many caretakers lack sufficient training, the necessary skills, and adequate knowledge to understand how to deliver adequate care; care which is critical to the health and well-being of their patients.

Types of Nursing Home Abuse and Neglect

Although many of us, when we think of abuse, consider physical abuse to be the most detrimental, there are other types of abuse that may be just as pervasive and devastating. In fact, nursing home abuse can take many forms. The most common types include:

  • Physical Abuse
  • Sexual Abuse
  • Psychological Abuse
  • Financial Exploitation
  • Gross Neglect
  • Resident to Resident Abuse

Neglect in Nursing Home Care

Neglect can be just as devastating and pervasive as other types of elderly abuse, and it may be more difficult to detect.  Nursing homes are legally required to provide care in which a patient has paid. Federal laws have been established which outline specific standards of care which must be provided by a nursing home. Failure to follow these requirements may be considered negligent. Federal laws require the following:

  • Nursing facilities must establish a written plan of care which identifies the nursing, medical, and psychosocial requirements of each resident. The plan is created in conjunction with the resident or family and must be periodically reviewed.
  • Nursing facilities must assess each patient's ability to perform daily life activities as well as document their limitations and mental and physical impairments.
  • Nursing facilities must identify each patient's medical issues.
  • Nursing facilities must evaluate and meet the dietary standards for each patient.
  • Nursing facilities must provide on-going activities organized by professionals to meet the physical and mental needs of each patient.
  • Nursing facilities must provide patient with appropriate care free from physical and mental abuse, including freedom from physical restraint and isolation.
  • Nursing facilities must provide and maintain clinical records for each patient.
  • Nursing facilities must maintain appropriate staffing levels to eliminate the dangers of chronic conditions such as malnutrition, infection, bed sores, and injury due to falling.

Elder Abuse Lawsuits

If someone you love has been injured due to the neglect of another person or a long-term care facility they may be entitled to compensation. Failure to follow federal and state mandates, as outlined above, could be considered negligent if injury or loss results from the neglect.

Talk to a personal injury lawyer, who specializes in elderly abuse lawsuits, if you have any questions about your elderly abuse case. There is a statute of limitations for filing all types of injury claims, including elderly abuse lawsuits. Failing to file a case before the expiration of the statute of limitations may limit your loved one's right to compensation for their injuries.

Nursing Home Abuse and their Consequences

All of us should be concerned about elderly abuse and the significant and long-lasting effects of abuse. In fact, if we fail to take the proper steps to stop abuse we could continue to see a rise in depression, anxiety, infections, disfigurement, and post traumatic stress due to the abuse. Do your part to eliminate elderly abuse.