Nursing home abuse is defined as physical, emotional and mental injury or harm to patients in long-term care facilities and nursing homes resulting from caregivers’ intentional acts.
The decision to have a loved one move to a nursing home or other care facility is not easy to make. Even when an aging or disabled relative could obviously benefit from the care that such facilities provide, family members are often profoundly affected by this change.
Because New Mexico nursing home residents are dependent on the care and treatment they receive, it can feel like a major betrayal when those vulnerable people suffer due to neglect or abuse by those entrusted with their well-being. The lawyers at the Albuquerque personal injury firm of Berenson & Associates, PC work with families whose loved ones have been victimized by nursing home neglect and abuse.
Uncovering nursing home abuse or neglect can be difficult. The victim may not be able to express himself or herself well enough to communicate their suffering. Additionally, legitimate allegations made by those suffering from Alzheimer’s disease or other types of dementia might be ignored or minimized due to their serious medical conditions.
Neglect or abuse in a nursing home can take many forms, including:
Nursing home abuse victims can suffer a range of physical, mental and emotional injuries at the hands of substandard caregivers. Injuries resulting from nursing home abuse include:
These are just some examples that might apply to your situation. While some elderly patients undergo behavioral changes or periods of unrest, be on the alert for any sudden and unexplained shifts in behavior. Abuse can be particularly difficult to identify when the victim suffers from a degenerative cognitive condition.
Medication errors are preventable medication events that occur when the medication is in the control of either a health care professional or a patient and may cause or lead to patient harm or inappropriate use. Errors in nursing homes often stem from negligent staff and practices.
Medication errors in nursing homes can occur when:
The problems caused by medication errors compound when nursing home staff fails to diagnose the issue or administer immediate medical treatment.
On average, nursing home residents are involved in two to three falls annually. Between 10 and 20 percent of elderly fall victims suffer serious injuries, including traumatic brain injuries, hip fractures and internal bleeding. In many cases, falls in nursing homes could be prevented by having appropriate care, supervision and equipment.
Residents may suffer a fall when the nursing home:
Often, nursing home falls go unreported, so family members may not even be aware of the accident until well after the incident occurred. If you see unexplained bruises or other bodily injuries, your loved one may have fallen.
As they age and become frail, our loved ones are less likely to resist or fight back when verbally or physically attacked. Any loss of vision, hearing or mental capabilities contributes to their vulnerability, making it easier for others to take advantage of them. Unfortunately, signs of abuse may be ignored if they overlap with symptoms of mental deterioration.
If you notice any of the following, it could be cause for concern:
Subtle indications of abuse can be harder to identify if you see your loved one infrequently. An abuse victim may also be reluctant to admit to abuse when questioned. If you suspect nursing home staff of abuse or neglect, our attorneys can help you protect your loved one from further harm.
Nursing home abuse is defined as physical, emotional and mental injury or harm to patients in long-term care facilities and nursing homes resulting from caregivers’ intentional acts.
Neglect in nursing homes typically causes physical, emotional and mental injuries that are similar to those due to abuse. However, neglect results from caregivers breaching their duty or failing to properly care for a resident in a nursing home or other long-term residential facility.
A bedsore is a type of wound or sore caused by the pressure of one’s body lying in bed or in one position for too long. Bedsores begin to develop within several hours of maintaining one position but worsen over days and become infected very easily. This is just one of many types of injuries that can occur in a nursing home.
Having a lawyer on your side in a nursing home neglect and abuse case can ensure that all aspects of the case are investigated and that caregivers, as well as the larger long-term care facility, are held responsible for the injuries to or death of your loved one. These can be complex cases and difficult to handle on your own. Having an attorney ensures that your rights will be protected and the case will be thoroughly litigated.
Nursing home cases are generally handled on a contingency fee basis. This means that you do not pay to retain the attorney, but they would be owed a portion of the monetary recovery if one was obtained. Costs may need to be paid throughout the case before a settlement is obtained, and you would be responsible for those. It is important to discuss your lawyer’s specific fee arrangement upfront to understand your obligations.
It is important to be vigilant when visiting a loved one in a nursing home. If you see any signs of abuse or neglect, you have the right to question the staff about what is going on. Also, talk to your loved one about the situation. Make notes or take photos if you see anything of concern. If abuse and neglect are obvious and continuing danger is likely, call the police.
If your loved one died in a long-term care facility or nursing home due to neglect or abuse, you most certainly could still file a lawsuit. This would be handled as a wrongful death lawsuit, as the death occurred wrongfully due to the individual’s intentional abuse or neglect.
Finding the right nursing home for your loved one may take time. Our firm can provide resources, and many online resources can point you in the right direction as well. Once you have found a few prospective facilities, you should review all online information about the facility, including any reviews; tour the facility; ask questions of the staff; investigate the background of the facility; and more. Being as thorough as possible can put your mind at ease when placing a loved one in someone else’s care.
No one deserves to suffer abuse or neglect in a nursing home. To fully understand the impact of nursing home abuse and neglect, and what options might be available to you and your family, contact the trusted attorneys of Berenson & Associates today at 505-243-4400 to schedule a complimentary consultation. You can also send us an email with your contact information.
Fields Marked With An “*” Are Required