Nursing home negligence is more common than many realize. At least 1 in 10 nursing home residents experience neglect or abuse, according to recent studies. Sadly, many of these cases go unseen and unreported.
Why? Because most people simply don’t know how to spot nursing home abuse. And why would they?
We place the elderly in nursing homes with the expectation that they’ll be properly taken care of. It’s the whole point. Sadly, it’s just not how things play out for too many nursing home residents. Far too many nursing homes are understaffed and undertrained. When workers get stretched too thin, protocols get ignored, patience runs out, and neglect and/or abuse takes place.
If you have a loved one who is in the care of a nursing home facility, it’s critical that you know how to spot nursing home abuse as soon as possible. As a law firm that specializes in nursing home negligence, we know what to look for and what actions to take.
But before we dive into that, let’s take a look at what qualifies as nursing home abuse.
When Does Nursing Home Care Become Abusive?
The term abuse creates an understandable strong reaction in many people. They think of someone in a position of power physically and/or verbally assaulting someone who is unable to defend themselves. While nursing home abuse can look like this, it’s often more subtle.
Most nursing home abuse can be classified as negligence.
What is Negligence?
According to Black’s Law Dictionary, negligence “is such an inadvertent imperfection, by a responsible human agent, in the discharge of a legal duty, as immediately produces, in an ordinary and natural sequence, a damage to another. defines it as, the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation.’”
In plain English, negligence means failing to do what a reasonably careful person would do in a similar situation. When it comes to nursing homes, this can include things like ignoring a resident’s medical needs, failing to prevent falls, not providing adequate nutrition, or allowing unsafe conditions that put residents at risk.
Of course, nursing home abuse can be more straightforward. A worker may handle an elderly person with too much force or aggressively restrain them.
No matter the level of negligence, abuse is abuse. And when it comes to nursing homes, the US has clear laws against it.
The Law Protects Against Nursing Home Abuse
The Omnibus Budget Reconciliation Act of 1987 (OBRA ’87) included the landmark Nursing Home Reform Act is one of the most significant federal laws protecting nursing home residents. The law established national standards of care for facilities receiving Medicare or Medicaid funding and created a Residents’ Bill of Rights that guarantees dignity, privacy, participation in care decisions, and freedom from abuse, neglect, and unnecessary restraints.
The legislation remains an important tool in the fight against nursing home abuse because it requires facilities to provide adequate care, individualized care plans, regular assessments, and sufficient oversight. When a nursing home fails to meet these standards and a resident suffers harm, the Nursing Home Reform Act can help demonstrate that the facility violated federally mandated duties designed to protect vulnerable residents.
Simply stated, it is the legal responsibility of nursing homes to provide proper care, support, and oversight when taking care of your loved one. Any violation of that responsibility can be classified as abuse and a violation of the law. This means you may be entitled to financial compensation.
But before you can build a case for nursing home abuse, you need to be able to identify it.
How to Spot Nursing Home Abuse
Chances are, you won’t see the abuse as it’s occurring. It typically takes place behind closed doors, outside of visiting hours. That’s why you need to look for the signs of abuse.
The most common signs of nursing home neglect and abuse are:
- Unexplained Injuries or Frequent Accidents: Unexplained bruises, cuts, fractures, or repeated falls may indicate inadequate supervision, unsafe conditions, or broader patterns of neglect.
- Poor Personal Hygiene: Noticeable issues such as body odor, soiled clothing, or unkempt appearance can suggest that staff are failing to assist with essential daily care needs.
- Malnutrition and Dehydration: Sudden weight loss, fatigue, dry skin, or signs of dehydration may indicate that a resident is not receiving adequate nutrition, hydration, or mealtime assistance.
- Bedsores: Pressure ulcers often develop when residents are not regularly repositioned, making them a common warning sign of inadequate caregiving.
- Unsanitary Living Conditions: Dirty rooms, soiled bedding, overflowing trash, or pest infestations can signal neglect and increase the risk of illness and infection.
- Emotional and Social Withdrawal: Increased isolation, depression, anxiety, or a lack of engagement in activities may indicate emotional neglect or insufficient social support.
- Mismanaged Medication: Missed doses, incorrect medications, or dosage errors can cause serious health complications and may reflect poor oversight by nursing home staff.
- Chronic Infections or Illnesses: Frequent infections, untreated wounds, or recurring health problems can suggest that residents are not receiving proper medical attention or hygiene care.
If you start seeing one or more of these signs occurring, it’s important to start asking questions and taking action. Sometimes, it’s simply coincidence. The elderly are prone to bruising. They may naturally lose weight or get sick. However, you should never assume it’s simply them “being old.”
You need to be proactive.
When Does Nursing Home Abuse Become Medical Malpractice?
You’ve maybe heard the term “medical malpractice” in a new story or on a TV show. While this often takes place at hospitals and clinics, it can also occur in nursing home facilities. Nowhere is the line more blurred between the two types of claims than in cases involving a nursing home. While a medical malpractice is similar to nursing home negligence, there are some key differences to understand.
General nursing home abuse (negligence) includes:
- Neglecting hygiene
- Understaffing and overworking
- Physical restraint abuse
- Lack of supervision
- Failure to follow recommendations for residents
- Overly aggressive handling
- Environmental hazards
- Emotional neglect
Medical malpractice in nursing homes, on the other hand, tends to look like this:
- Medication errors
- Failure to diagnose
- Misdiagnosis
- Medical mistakes
Both nursing home negligence and medical malpractice can quickly become deadly.
It’s important to understand the difference between medical negligence vs malpractice as it will likely affect what attorney you work with. Malpractice attorneys tend to specialize solely in that field, while more traditional accident and injury firms like The Richards Firm specialize in the negligence by anyone not in the medical field.
The key differences between negligence and malpractice cases include:
- Standard of Proof: Malpractice cases usually need affidavits and expert testimonies to prove the professional’s actions fell short of their industry’s standards. Negligence, however, typically focuses on whether a reasonable person would have taken more precaution.
- Professional Status: Malpractice claims apply specifically to licensed professionals like doctors or registered nurses, while negligence can apply to any caregiver, regardless of their professional standing.
- Legal Consequences: Malpractice can affect a professional’s license or standing.
If you’re unsure which type of case your situation falls under, don’t worry. An experienced attorney can help guide you. While The Richards Firm doesn’t handle medical malpractice cases, we’re happy to consult and guide people to a law firm best suited for their needs.
You Need to Act for Those Who Can’t
Too many people assume their loved one will tell them if they’re being abused by their nursing home. Sadly, that’s not how things tend to play out. If your loved one is in a nursing home, it’s almost certainly because they can’t take care of themselves at some level.
That means if they’re being abused, they likely can’t advocate for themselves in the same way as someone living independently either.
It’s your responsibility to notice the signs of nursing home abuse and take the appropriate action. Where do you start? Here’s our advice:
- Document the Evidence: Take photographs, keep detailed notes, and record any signs of neglect to help establish a clear record of what occurred.
- Speak to Your Loved One: Have a supportive conversation and encourage your loved one to share concerns about their care in a safe and comfortable environment.
- Talk to Facility Staff: Raise your concerns with nursing home staff and administrators, and seek answers about any warning signs or incidents you’ve observed.
- Consult a Medical Professional: Have your loved one evaluated by a healthcare provider who you trust who can identify signs of neglect and document any resulting injuries or health issues.
- Contact a Legal Expert: An experienced nursing home negligence attorney can investigate the situation, protect your loved one’s rights, and help you pursue accountability when appropriate.
Speaking to attorney may seem like an extreme step, but it doesn’t have to be. Initial consultations are free, and they allow you to understand your options and the likelihood of you having a case. Don’t wait. As soon as you spot nursing home abuse, reach out to a local personal injury attorney.
The Richards Firm is Here to Protect the Elderly
When it comes to nursing home abuse, you need an attorney you can trust. After all, you’ve already had one institution fail you. You don’t want the law to fail you as well.
That’s why residents of Greater Cincinnati and the surrounding areas use The Richards Firm. Our firm was founded to provide local, accessible legal guidance to those who need it most. With The Richards Firm, you will always be treated like an individual, not a case number. We’re here to answer questions, discuss options, and make your situation easier from day one.
When you choose The Richards Firm, you don’t owe anything unless we win your case. And of course, your initial consultation is free with no commitments or strings attached.
If you believe your spotting signs of abuse, and you need a nursing home abuse lawyer in Hamilton, Ohio or the surrounding area, contact The Richards Firm today. We can be reached at 513-461-0084 or by visiting our contact page here.
Together, we can provide your loved one the support they deserve.