Nursing Home Negligence

When many people think of nursing home abuse, they immediately think of assault or neglect, but nursing home abuse takes a number of different forms. Victims face physical, emotional sexual, and financial abuse as well as neglect. The signs of abuse as well as the consequences can be different for each type of abuse.

Physical Nursing Home Abuse

Physical abuse can take the form of assault and battery, but it can also involve using restraints to prevent the patient from moving or handling the patient roughly. Essentially, physical abuse refers to any use of physical force that leads to pain or injury.

The signs of physical abuse can include the following:

• Increased need for appointments with physicians or trips to the emergency room
• Unexplained bruises, fractures, scratches, bites, burns, or other signs of physical injuries
• Experiencing more falls or accidents than usual
• Covering up unexplained bruises with inconsistent stories about injuries
• Refusal to get treatment
• Recoiling from the touch of loved ones or family members
• Acting afraid to be alone with aides or nursing home staff
• Unusual hair or tooth loss
• Changes in emotional state such as showing signs of depression or withdrawing from loved ones

In many cases, you may seem the emotional signs of physical nursing home abuse first, as your loved one starts to withdraw from the rest of the family. Many people in abusive situations internalize the abuse and feel like it’s their fault. When that’s happening, victims are less likely to come forward. In other cases, elders may be afraid that no one will believe their stories or that their abuser will find out and hurt them if they come forward.

Sexual Nursing Home Abuse

Sexual abuse can range from verbal abuse of a sexual nature to rape, and sadly, the entire gamut of sexual abuse can take place in nursing homes. Residents may be subject to abuse from caretakers, other residents, and even strangers.

The nursing home is obligated to screen employees and deal with abuse allegations, but beyond that, nursing homes should monitor residents with previous histories of sexual violence and make sure that unattended strangers cannot get into their facilities.

If your loved one is exhibiting any of the following signs, they may be the victim of sexual abuse in their nursing home:

• Unexplained blood stains on sheets or nightclothes
• Ripped sheets or clothing
• Unexplained pain while sitting or complaints of pain in the pelvic region
• Vaginal or rectal bleeding or burning
• Diagnosis of sexually transmitted diseases or genital infections
• Withdrawing from friends or family
• A sense of fear or anxiety when certain staff or residents are nearby
• A sudden increase in self-soothing behavior such as rocking back and forth or regressive behaviors such as thumb sucking

Sexual abuse can be one of the hardest types of nursing home abuse for many residents to report. They may feel that they have somehow caused the abuse, or they may be embarrassed to talk about sexual encounters in general.

Emotional Nursing Home Abuse

Emotional or psychological abuse can happen on its own or along with other types of nursing home abuse. Emotional abuse can include verbal abuse such as humiliating or shaming the elder as well as demeaning the elder either in private or in front of other residents. Psychological abuse can also take the form of bullying, menacing, or terrorizing the elder.

In some cases, emotional abusers isolate the elder from other residents in the nursing home. They may even attempt to isolate the patient from their own family. This typically takes the form of telling the elder that their family doesn’t care, that they no longer love the elder, or that they see the elder as a burden.

Signs of emotional abuse in a nursing home include the following:

• Reduced self-esteem and depression
• Withdrawing from family and friends by avoiding eye contact, canceling meetings, and refusing to talk
• Changes in attitude or personality such as an outgoing individual becoming withdrawn or a happy-go-lucky individual becoming angry or sullen
• Unexplained shifts in sleeping or eating patterns
• Not joining in nursing home activities

Emotional abuse often leads to more mental health issues than physical abuse, and if you notice sudden, unexplained changes in your loved one mental health, you need to talk with them about what’s happening. Remember, most victims shield their abusers, so you need to be prepare for multiple conversations. Also, because psychological abuse is harder to define than physical abuse, many victims are not even aware that they are being abused.

Financial Nursing Home Abuse

According to one study of elders in New York, financial abuse is the most commonly reported type of abuse in nursing homes, but that does not necessarily mean that it happens more often than other types of abuse. That simply means that patients are more likely to report this type of abuse.

Financial abuse costs seniors over $35 billion per year based on some estimates, and this type of abuse can involve stealing money directly or coercing seniors to give their money to the abuser. Signs of financial abuse include the following:

• Inability to cover bills
• Refusing usual services or canceling outings due to lack of money
• Unexplained bank account withdraws or credit card charges
• Missing possessions
• Sudden changes to wills

When an elder faces financial exploitation, the experiences often snowball. For example, if an elder loses just $20 to exploitation, they are significantly more likely to lose $2,000 to another type of fraud. If you help your loved one balance their checkbook and you notice inconsistencies, it’s time to take action and dig deeper to ensure your loved one is not facing abuse.

Neglect in Nursing Homes

Neglect refers to ignoring an elder and not providing them with the care they need. Neglect is very serious, and in a worst-case scenario, it can lead to death.

If you suspect that your loved one may be facing neglect, here are some of the signs you need to watch for.

• Signs of malnutrition such as weight loss or dehydration
• Bed sores or other untreated physical issues
• Unsanitary conditions such as dirty sheets, soiled clothing, or body odors from not being bathed
• Unsafe living conditions

Neglect can be an active form of abuse in cases where an attendant is purposefully ignoring or neglecting a certain resident, but it can also be passive where the nursing home is simply not filling its role as caretaker. In both cases, the nursing home is liable for the abuse. They are obligated to take care of the people in their care.

If you believe that you or a loved one is a victim of nursing home abuse, you need to act quickly. Nursing homes often hide information to shield themselves from liability, and the sooner you act the better. To learn more, contact Mazow | McCullough, PC today. We have helped many clients get the justice they deserve after a case of nursing home abuse.

In a skilled nursing facility or a nursing home, wrongful death can include cases where attendants give patients the wrong medicine, neglect to feed them, or cause them physical harm that directly leads to death. Wrongful death in these facilities often involves patients being left on their own for days at a time, patients not being protected from falls or injuries as directed by state and federal guidelines, or patients being ignored when they complain about life-threatening health issues.

The Risk of Wrongful Death May Be Increasing

Over the next 20 years in the United States, a larger number of people than ever before will need to utilize the care of nursing homes or skilled nursing facilities. As the demand on existing resources increases, these facilities may hire quickly without proper training or continue to use poorly maintained facilities.

In these facilities, it is already common for residents to be left alone for far too long, to be ignored, or even to be dismissed as simply complaining when they discuss serious and sometimes life-threatening issues. Tragically, all of these issues make nursing homes the sites of many wrongful death cases, and as the population continues to get older, these threats will likely become even more pronounced.

The Potential for Wrongful Death Can Be Impossible to Detect

When you can no longer care for a loved on your own, you may have to make the decision to place them in a nursing home, and that can be a stressful time for many families. When vetting various long-term care centers, you do your best to ensure the facility and staff will take proper care of your elderly loved one, but unfortunately, you simply can’t predict the future.

Facilities may look adequate and their staff may seem caring, but they may have issues below the surface that lead to the abuse or neglect of patients. It’s impossible to anticipate many of the situations that can occur, and even nursing homes with the best reputations may subject patients to abuse, neglect, or medical malpractice, such as administering drugs in error or employing a new caretaker with a hidden history of abusing patients.

Nursing Homes May Ignore Federal Guidelines and State Regulations

A nursing home or skilled nursing facility must follow both state and federal guidelines for care. This includes the number of medical professionals they have on staff, the number of trained caregivers available for each resident, and the number of hours those caregivers must spend with each patient.

Despite these laws, however, many nursing homes do not provide adequate care. They often break laws out of what seems to be operational necessity. They may not be able to afford to hire enough staff to ensure a safe caregiver-to-patient ratio, or in other cases, a nursing home may not be enough well-trained staff to train new hires in proper procedures.

Many nursing homes that violate state and federal laws regarding care guidelines look fine on the surface. Families often don’t know that something is wrong until it is too late and their loved one is seriously injured or dies due to abuse or neglect.

Elder Abuse or Neglect Increases the Risk of Death

When elders face abuse, their risk of mortality increases significantly. In fact, in one study, the death rate among elders who reported abuse was 13.49 deaths per 100 people. The mortality rate for people in the study who did not report abuse was less than half that rate with only 5.91 deaths per 100 people.

In confirmed cases of elder abuse, the mortality rate was even higher at 18.33 deaths per 100 people. That is over three times the mortality rate associated with people who didn’t face abuse. The statistical link is clear, and to protect your loved ones from wrongful death at the hands of their caretakers, you need to monitor them for signs of nursing home abuse.

There are many indicators that your loved one may be neglected or abused, including but not limited to:

• Sudden injuries that cannot be explained by their medical condition or other reasonable factors
• Injuries obtained from falls
• Bed sores
• Poor hygiene and/or a room that has not been properly kept clean
• Sudden weight loss
• New or worsening anxiety and/or depression or changes in mood and/or behavior
• A sense of fear when nursing home caregivers are around
• Property of your loved one’s, including money or jewelry, that has gone missing

If you notice any of the signs of abuse in a nursing facility, it is critical that you reach out for help as soon as possible.

Inadequate Emergency Responses Can Lead to Wrongful Death

The way a nursing home responds to an emergency can also lead to wrongful death. For example, in the midst of Hurricane Irma, one nursing home lost power. The facility did not have a back-up generator to keep its cooling system running, and rather than evacuating residents to a safe environment such as the air-conditioned hospital across the street, the nursing home simply placed many residents in the hallway and removed some of their clothing.

When residents began showing signs of distress, the staff failed to contact emergency services until it was too late, and tragically, 11 residents died in these conditions.

While some emergencies are simply unavoidable, this tragedy likely could have been avoided or handled more professionally. If your loved one has died due to dangerous conditions in a nursing home or because staff failed to follow proper safety protocols in an emergency, you may also be facing a wrongful death suit.

Dementia May Increase Patients Risk of Wrongful Death

Sadly, patients with dementia often have the highest risk of facing abuse in nursing homes, and in some cases, this mistreatment leads to death. In particular, many nursing homes have given psychotropic drugs to patients with dementia. These drugs are designed to help curb disruptive or self-harm activities, but they are linked to fatality in patients with dementia.

If a nursing home has given these drugs to your loved one without your knowledge or consent, you should consider consulting with a nursing home abuse attorney.

Contact a Nursing Home Wrongful Death Lawyer in Salem, MA

If your loved one was injured or has died as the result of elder abuse in a nursing home, contact a nursing home wrongful death lawyer as soon as possible. Don’t delay – nursing homes often destroy evidence of any wrongdoing on their part, including falsifying records in order to make the injury or death appear as though it occurred naturally and not due to the nursing home’s negligence or carelessness. By hiring an attorney right away to work with you, you can help secure crucial evidence in your case before it is hidden or destroyed.

At Mazow | McCullough, PC, we fight to not only obtain justice for our clients through the courts, but to change the negligent practices of nursing homes to better protect you and the ones you love. We work hard to ensure that the nursing home responsible for harming your loved one is exposed for their carelessness and negligence, and we utilize every legal option available to ensure that the nursing home is forced to adopt better care practices and follow all applicable laws so the same thing doesn’t happen to another resident and family.

Please contact Mazow | McCullough, PC, today for a free consultation about your case. The right nursing home wrongful death lawyer makes all the difference. See our recent results here.

If you or a loved one has been injured by nursing home abuse or neglect, you may want to consider a nursing home lawsuit. A lawsuit holds the nursing home accountable, helping to protect future patients. A successful lawsuit also helps you and your family obtain the financial compensation you deserve to cover medical bills, lost time at work, and pain and suffering.

How Does a Nursing Home Abuse Lawsuit Work?

While the specifics can vary from case to case, most nursing home abuse lawsuits start with determining damages by investigating what happened. Then, the plaintiff (the person bringing forward the lawsuit) makes a demand and files a formal complaint. The plaintiff’s attorneys and the defense attorneys working on behalf of the nursing home exchange information, and eventually, these two entities negotiate a settlement. You may agree to a settlement out of court, or in some situations, the case may go to trial.

How Do You Obtain Evidence for a Nursing Home Lawsuit?

Evidence from the plaintiff is one of the most important aspects of a successful nursing home abuse lawsuit. You need proof of the injuries, and which can be photographs, medical records, or witness accounts. For example, photographs of bed sores or medical records of treatments for dehydration would be pertinent. Beyond that, you need to be able to link the injury with the nursing home. In other words, your lawyer needs to prove that the nursing home caused the injuries or made them worse.

This often requires statements from nursing home employees or medical professionals. It can also include statements from the patient as well as professionals who work for Social Services or Adult Protective Services.

Who Can Bring Forward a Nursing Home Abuse Lawsuit?

A nursing home abuse lawsuit is a civil case, meaning it is brought forth by an individual rather than the state. Typically, the patient needs to initiate the lawsuit. To bring forward a suit on behalf of a loved one who is a patient in a nursing home, you usually need to have power of attorney. An attorney with experience in nursing home abuse lawsuits can help you determine if you have the right to bring forward a lawsuit.

In cases, where the patient has died, you may need to file a wrongful death lawsuit. In Massachusetts, you need to be the estate executor or administrator to file a wrongful death suit. In contrast, in New Hampshire, any person “interested in the estate of the deceased” can bring forward a wrongful death suit.

How Do You Hire a Lawyer for a Nursing Home Lawsuit?

If you believe that neglect or abuse happened, you should hire a lawyer to help you. Keep in mind there are many different legal areas, and you need someone experienced with personal injury or medical malpractice in general and nursing home abuse in particular.

To get help, contact Mazow | McCullough, PC today. We have fought numerous nursing home abuse lawsuits for our clients, and we would like to help you get the settlement you deserve. We start with a free consultation to help you decide the best way to move forward. Call now at (855) 693-9084.

Bed sores, or pressure ulcers, are wounds that appear on the skin when someone has been lying or sitting in one position for long periods of time. Unfortunately, bed sores are not uncommon in many nursing homes, but you don’t necessarily have to accept them as an expected occurrence. Bed sores can be a sign of nursing home abuse and neglect, and the nursing home may be liable. Here’s what you need to know.

What Causes Bed Sores?

As indicated above, bed sores are caused by pressure. For example, if someone lies in a bed or sits in a chair for an extended period of time, the pressure prevents blood and oxygen from getting to that part of their skin. That damages the tissues and breaks open the skin. This happens most often in bony areas that don’t have a lot of fat or muscle, such as near the hip bone, on heels, by elbows, along the spine, and in similar areas.

Additionally, when skin is fragile, friction can also lead to bed sores. For example, bedding or clothing can rub against the body and create a bed sore. This can happen when the fabric moves, but it can also happen when the patient slides up or down in bed, creating friction between their skin and the bedding.

How Can You Prevent Bed Sores?

To prevent bed sores, you simply need to remove the pressure from the skin. Ideally, nursing home patients should change their position every 15 minutes, and if they aren’t able to move on their own, a nursing home attendant should shift their position every two hours or as recommended by the patient’s doctor.

Pillows can also help to remove pressure. Use pillows to add cushioning between the knees or to reduce pressure in other parts of the body. Keeping the skin clean is also important, and in a nursing home, attendants should ensure that patients are given baths or sponge baths on a regular basis. Finally, exercise (when possible) can also help to keep bed sores at bay.

What Are the Stages of Bed Sores?

Whether they are caused by nursing home abuse or another culprit, bed sores usually go through a few different stages.

Stage 1: The skin appears red and feels painful, but it has not broken yet. When you press down on the skin, it doesn’t turn white as usual.

Stage 2: The bed sore becomes an open wound. Blisters often occur, and the area surrounding the wound is red and sore.

Stage 3: The open sore becomes deeper and almost crater-like. The skin tissue is so damaged that you can see body fat behind the skin.

Stage 4: The bed sore is significantly deeper. Damage to muscles, bone, tendons, and joints may be apparent.

In most cases, the earlier you catch the bed sores, the easier they are to treat.

How Do You Treat Bed Sores?

Generally, you need to start treating a bed sore by cleaning the skin, gently patting it dry, and applying a bandage. You also need to flush out the wound to remove any damaged or infected tissue. In some cases, health care professionals use negative pressure therapy (also called vacuum-assisted closure). These techniques use suction to clean and close the wound.

Bed sores can be extremely painful, and the patient may need to take some pain relieving medication. Typically, an over-the-counter NSAIDS work fine, however, if NSAIDS are contraindicated or the patient is in a great deal of pain, a doctor may prescribe stronger medication. The patient may also need to take medications to fight infection in that area. Finally, dietary changes can also be useful—a healthy diet promotes healing and helps to make the skin more resistant to future bed sores.

What Should Nursing Homes Do When a Patient Has Bed Sores?

If you or your loved one are experiencing bed sores, you should report them to nursing home staff. When someone is in a nursing home, their care team should also work together to heal their bed sores and prevent future ones from appearing. A care team may involve a specialist in wound care, a physical therapist to help with exercise and movement, an occupational therapist to assess and modify the patient’s bed and sitting surfaces, and a dietician to help with the nutritional aspects. The patient may need to see a surgeon and a dermatologist as well.

If a nursing home does not assemble a care team or if they are not taking action to adequately treat existing bed sores and prevent new ones from forming, this may be considered nursing home neglect.

Are Nursing Homes Liable for Bed Sores?

The role of a nursing home is to take care of their patients. In some cases, things happen that are out of the control of the nursing home staff, and in those cases, the nursing home may not be liable. However, if the nursing home’s practices or employees were negligent, they may be held responsible for bed sores.

Bed sores can lead to extremely serious issues such as pain, infection, and in some cases, even death. If you or a loved one has suffered from bed sores, you may be entitled to compensation for medical treatment as well as pain and suffering. To learn more, contact Mazow | McCullough, PC today at (855) 693-9084. We serve clients throughout the Massachusetts and New Hampshire area.

Nursing home abuse is sadly not uncommon and can be physical, sexual, psychological, or financial, and can also include neglect. If you or a loved one is a victim of nursing home abuse, you need to report it. Here are some of the options.

File a Complaint with Health and Human Services

If you are seeing signs of nursing home abuse, you can file a complaint with the Massachusetts Department of Health and Human Services. To file a complaint, download the consumer complaint form from the department’s website and fax or mail it to the office. Alternatively, you can contact someone directly over the phone at 1800-462-5540.

Note that if you are not the elder’s medical power of attorney, you can report the abuse, but you may not be able to get information on the outcome of the investigation. To ensure you can access that information, talk with the elder about becoming their power of attorney or ask them to sign a HIPAA form that allows you to access their medical records.

Report Abuse to Nursing Home Administrators

You should formally report nursing home neglect or abuse suspicions to facility administrators. Submit your report in writing and keep a copy, along with the date you reported the abuse and to whom you reported it. This information can be invaluable should you decide to bring a claim against the nursing home for the past or continued abuse of your loved one.

Consult Other Care Providers

In many cases, elders have healthcare providers who are not part of the nursing home staff. You may want to talk with these professionals about your concerns. In particular, consider talking with the elder’s primary care doctor or social worker. Many nursing homes also have a long-term care ombudsman on staff to help with these issues.

Contact the Elder Abuse Hotline

In cases where your loved one is not living in a nursing home, you can report abuse to the elder abuse hotline. For instance, if you believe that a home healthcare provider or a relative is abusing your loved one or an elder in your neighborhood, you should contact Elder Protective Services. You can call EPS directly at 1-800-922-2275 on behalf of people over the age of 60.

Call 911

If you witness someone assaulting an elder, this is considered an emergency situation, and you should call 911 or contact the police as soon as possible. You should also contact 911 in any case where an elder is in immediate risk of harm or injury. This can be the fastest way to get the authorities to intercede in the issue.

Elders deserve respect, but unfortunately, in many cases, these vulnerable people are being abused. If you believe that a loved one is dealing with elder abuse, report the situation and consider getting legal help. Contact the law firm of Mazow | McCullough, PC at 855-693-9084.

Nursing home neglect falls under the umbrella of elder abuse. Abuse involves intentional acts against an elderly individual, such as physical, sexual or mental assault. Neglect, on the other hand, is the failure to provide proper care and it can be intentional or negligent. Whether it arises from overworked staff who overlook routines or an intentional lack of empathy, nursing home neglect can be actionable in civil court.

The National Council on Aging estimates that one in 10 Americans over 60 face elder abuse and neglect but only one in 14 cases are reported to authorities. If your loved one lives in a nursing home, you need to be aware of the types of abuse that may arise.

Malnutrition and Dehydration

In 2015, an article published by the National Institute of Health estimated that 20% of nursing home residents suffered from some form of malnutrition. Dehydration is also a significant concern. When patients are unable to feed and hydrate themselves, they require the careful attention of caretakers to assist them. In crowded and understaffed nursing homes, patients may not receive the hydration and nutrition they need.

This issue can also arise from a patient feeling depressed, having difficulty swallowing or suffering another medical or mental health condition that keeps them from eating. However, in neglect situations, staff and doctors may fail to discover this and treat it properly.

Bed Sores

Also known as pressure sores, bed sores are most likely to develop where there is little padding between the bone and skin. They are common with patients who are bedridden or confined in a wheelchair who cannot shift positions on their own.

However, bed sores are easy to prevent. That involves moving the patient periodically so the pressure eases from vulnerable spots. However, if caretakers skip this routine, bed sores can develop quickly.

Sores start with being red and sensitive. At this stage, shifting the patient will cease further development. In their last stage, bed sores become dead tissue that continues to damage healthy tissue. If they are not addressed quickly, patients suffer greatly and may even require surgery.

Medication Errors

This is a mistake that can turn deadly. Sometimes, it involves missing medication for days and even weeks. Other times, it involves staff members mixing up medications and patients fail to receive the correct type for their health conditions.

If you notice your loved one’s condition is deteriorating, ask about medication routines–especially if they were feeling better before.

Falls and Injuries

Patients may fall out of bed or take a tumble because they attempt to be mobile without assistance. A mere attempt at a bathroom trip can result in critical and even deadly injuries.

The primary cause of falls and injuries in nursing homes is lack of supervision. If a patient has to wait hours for assistance to get a meal or take a bathroom break, they may decide to try the task on their own. Patients may also fall despite staff being nearby and able to prevent the fall, which is another possibility for a negligence claim.

Health and Safety Hazards

With many vulnerable people around, nursing homes should be clean and hygienic. There should also be a lack of hazards and an effort to prevent slip and fall accidents.

Staff may be aware of the hazard and fail to address it until it is too late. Or pure exhaustion or bitterness keeps staff from providing a safe environment for your loved one. If you notice a hazard, always report it.

Contact an Experienced Nursing Home Neglect & Abuse Lawyer Today

Nursing home negligence is a serious issue among the aging population. If your loved one has suffered neglect at the hands of a long-term care facility, don’t hesitate to get help. Contact Mazow | McCullough, PC at 1-855-693-9084 and schedule a free case evaluation today.