NURSING HOME ABUSE

If your loved one suffered injuries or other forms of harm in their nursing home, you’re going to wonder what happened and how it affected your loved one’s health. There are myriad types of abuse and neglect. Let’s go over those different types and what symptoms can indicate what your loved one is going through.

• Physical.  Using excessive force, hitting, shoving, or other forms of aggressive physical contact is abusive. An abusive staff member could also handle your loved one too roughly. When this form of abuse occurs, bruising and cuts can appear. In severe cases, broken bones are possible. Illegal restraint use may also occur, where the nursing home uses physical or chemical restraints to control or punish patients. Physical restraints may cause cuts or markings where they were placed and improper restraints can cause life-threatening situations, such as strangulation and loss of circulation.
• Emotional and Psychological. Staff who put down residents with insults, harsh tones, and the use of vulgar language are being emotionally and psychologically abusive. Belittling or speaking about residents as if they’re not present can be humiliating and takes an emotional toll. Staff may also prevent your loved one from participating in social activities or being around other residents.  If your loved one has become withdrawn, fearful, or less engaged than they normally are, then they may be a victim of emotional or psychological abuse.
• Financial.  Some staff may take advantage of your loved one’s situation and begin stealing money from them. This could be from using credit cards or forging checks, but there could be more long-term consequences like changing wills or deeds. It’s important to make sure your loved one’s assets are protected if they’re living in a nursing home. If money is going missing from accounts or your loved one is getting strange charges, then this could be a sign someone is financially exploiting them.
• Sexual.  This form of abuse can occur if staff sexually harassed or assaulted your loved one. Being put in situations where residents aren’t clothed or are shown inappropriate pictures are also forms of sexual abuse. Unfortunately, residents may not have the physical strength or the ability to shout for help if this is occurring. Physical injuries and STDs are signs that this form of abuse could be happening. The physical injuries could be anywhere, but injuries around the resident’s private areas can indicate the abuse is sexual.
• Resident-on-Resident.  This form of abuse is rarely investigated because it’s often underreported. However, other residents can be the reason why abuse is occurring. If this is the case, the nursing home should be the ones to identify what’s happening and take measures to protect your loved one. These symptoms can present as physical or emotional.

While negligence doesn’t include willful intent, it can be just as life-threatening. Negligence can include:

• Medication Errors.  If nurses aren’t able to give your loved one the individual attention they deserve, this could mean your loved one isn’t getting medication on time. Missing doses could severely affect your loved one’s health because they aren’t getting the regular medicine they need to help maintain their quality of life. Other cases of negligence could result in your loved one getting the wrong medication or the incorrect dose, which can put your loved one’s life in danger.
• Bed Sores.  Some residents may have limited mobility and spend most of their time in bed or sitting in a wheelchair. If they’re left in the same position for too long, pressure sores, also called bedsores, can develop on the back, hips, elbows, ankles, and heels. These painful injuries can become deadly if they’re infected and may require surgery as treatment.
• Unsanitary Living Conditions.  A negligent nursing home may not keep up with maintaining a clean facility. Unsanitary living conditions also make it more likely for contagious illnesses to spread. Your loved one should also be in a clean room with fresh clothes and bedsheets. If they’re in old or soiled clothes, then they’re likely getting neglected and aren’t getting the care they need.
• Slip and Falls. When residents need help doing everyday tasks, they need a nurse on a regular basis. However, if there are hours at a time where no one sees them, the resident may try to do something on their own. If a resident is trying to get up to get a drink of water or use the restroom, they may slip and fall. Slip and fall injuries can cause trauma to the brain, neck, spine, and result in broken bones or severe sprains. The resident may not be able to get up by themselves and won’t get help until staff members realize what happened. Nursing homes should also be aware of residents who are at risk of falling and take measures to prevent falls.

Any form of abuse or neglect can severely affect your loved one’s health. As their quality of life declines, their strength and immune system can weaken. Your loved one may also experience mental health issues as well, like depression or anxiety. No one should have to experience this. A Minneapolis nursing home abuse attorney can find out what kind of abuse or neglect occurred, who was responsible, and we’ll seek maximum compensation for your loved one.

What to Look for in a Nursing Home

When your loved one is in a long-term care facility and you suspect abuse or neglect, your loved one may not be able to tell you. They could have memory issues that make it difficult to recall instances that recently happened and to communicate it. Other reasons why your loved one may not verbalize the abuse that’s happening is because of fear or shame. Now that you know the signs and symptoms of abuse and neglect, you can also look for other signs that can indicate the quality of the nursing home.

• Security. Ensuring your loved one’s safety is vital for peace of mind when your loved one lives in a nursing home. See if there are security measures to make sure residents cannot leave on their own or without anyone’s knowledge. Some residents may be prone to wandering and if they leave the premises. They could become confused and in danger of injury.
• Nutrition.  Your loved one’s health requires a nutritious diet. Seeing what meals are served will give you an indication of the quality of food your loved one eats.
• Staff.  You can keep track of how often you see staff around the home to get an idea if there are regular intervals when they visit your loved one. If possible, you can also ask questions about your loved one’s care. An attentive nursing home will likely have people who have concrete answers and want to find solutions to give your loved one the best care possible. If you feel you’re being brushed off or are treated disrespectfully, this could indicate the level of care your loved one receives on a daily basis.
• Testimonies. Speaking with other families about their opinion of their loved one’s care can provide insight into how others are treated at the home. While this won’t definitively answer if your loved one is facing abuse or neglect, if another family is having concerns, then looking further into your loved one’s care may be necessary.

As you’re paying attention to the signs of abuse or neglect and looking into how the nursing home runs, you may want to visit during less popular hours. After the workday and weekends are times where nursing homes could be expecting more visitors. If you go during the middle of the day you may be visiting at a time where you’ll get a more accurate view of what the home is like.

You may also want to get an idea of who will be in direct contact with your loved one at their nursing home. This can include registered nurses, licensed practical nurses, certified nursing assistants, physical therapists, and more. When you know who interacts with your loved one on a daily basis and what their duties are, you’ll have an idea of who could potentially be responsible for the abuse or neglect of your loved one. For example, an RN is typically in charge of medical duties like administering medication, where a CNA could provide personal hygiene care.

Nursing Home Red Flags

There are some red flags to look out for in a nursing home. If your loved one was injured or has an illness and the nursing home didn’t inform you, they could be trying to brush over an instance of abuse or neglect. While an occasional bump or bruise may happen during your loved one’s time in a nursing home, consistent or multiple injuries is not the norm. When you ask about your loved one’s condition and how these injuries happened, see if you get a vague answer. If no one seems to be able to give you information or tries to move past the subject, this could be cause for alarm.

A nursing home that prevents you from seeing your loved one or also doesn’t allow you to visit them unsupervised are other indications of an abusive or neglectful facility.

In fact, preventing a resident from seeing their loved one is a violation of their rights. Madia Law, LLC is well-versed in resident rights and knows what your loved one can recover with a personal injury claim. Let’s take a look at what rights your loved one has as a nursing home resident and how our expertise can help them secure their future.

The Minnesota Department of Health lists the federal and state rights that protect seniors living in nursing homes to ensure their wellbeing. If a nursing home violates those rights, our lawyers will discover which ones. As a resident in a nursing home, your loved one has rights in the following areas:

• Resident Rights
• Responsive Service
• Continuity of Care
• Exercise of Rights
• Planning and Implementing Care
• Choice of Attending Physician
• Relationship with Other Health Services
• Respect and Dignity
• Self Determination
• Services Included in Medicare or Medicaid Payment
• Information and Communication
• Notification of Changes
• Admission
• Privacy and Confidentiality
• Safe Environment
• Grievances
• Contact with External Entities
• Freedom from Abuse, Neglect, and Exploitation
• Restraints
• Admission, Transfer, and Discharge

Some examples of those rights include:

• Residents will have a dignified existence, self-determination, and communication with people and services outside of the facility.
• The nursing home must treat the resident with respect and dignity.
• Nursing homes provide residents with equal access to care regardless of factors like their diagnosis, condition, and how they afford it.
• Residents can exercise their rights without fear of discrimination, retaliation, prevention, or coercion from the facility.
• Freedom from use of physical or chemical restraints used as a form of punishment or convenience.
• Residents can determine their own schedules.

When your loved one’s rights are denied, their health and wellbeing can suffer. Madia Law, LLC is here to hold the nursing home accountable and fight for your loved one’s rights.

When a loved one has been harmed at their nursing home, you may not know who you can turn to. You’ll first want to get your loved one to a safe environment. You can contact the Minnesota Adult Abuse Reporting Center (MAARC). However, if your loved one is in immediate danger, call the police. Once your loved one is safe, you can start seeking your legal options. With Madia Law, LLC on your side, you’ll know experienced attorneys are advocating for your family member.

In an elder abuse claim, your loved one may have sustained economic and noneconomic damages. Economic damages refer to monetary losses such as:

• Medical Expenses (Past, Current, and Future Care)
• Relocation Costs

When we look at your loved one’s medical records, we’ll be able to see the injuries they suffered. Additional evidence that we’ll seek to support your loved one’s case includes photographs, eyewitness accounts, and consultations with medical experts.

Noneconomic damages include the emotional consequences of abuse or neglect. While these may not have a monetary amount attached to them, your nursing home abuse attorney will take these into account when determining your loved one’s compensation.

• Pain and Suffering
• Mental Anguish
• Loss of Enjoyment of Life

If your loved one loses their life because of the abuse or neglect they faced, you can still seek justice for them with a wrongful death claim. Our lawyers will be at your side during this difficult time. While we cannot undo the loss of a loved one, we can fight for you to recover compensation that will give you financial security.