Nursing home abuse and neglect lawsuits have become shockingly common in the United States. Each year, over 2 million cases are reported across the country. An estimated 10% of nursing home residents have suffered some type of abuse or neglect. If you are filing a claim for your loved one, knowing what constitutes abuse or neglect can lay some of the groundwork should you decide to file a nursing home abuse claim.
An experienced nursing home abuse attorney who knows how to prove nursing home abuse and neglect can help you gather the necessary evidence to build a strong claim that holds merit, even if the at-fault party’s insurance company refuses to settle your case fairly.
Elements of a Nursing Home Negligence Case
There are several elements to proving a negligence claim. The specific circumstances and facts surrounding your loved one’s injuries will form the elements of your claim or lawsuit. These are the most basic general elements that need to be proved without doubt:
- You must prove the nursing home breached the duty of care by behaving negligently. This can be done by showing the nursing home failed to provide a reasonable level of care.
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Your family member suffered physical injuries or emotional abuse by nursing home staff members as a consequence of the breach of duty of care
There are several ways in which nursing homes can be negligent. For instance, the facility may be severely understaffed to lower costs. The nursing home may have failed to run background checks on the employee who perpetrated acts of emotional and physical abuse against the resident.
Common Signs of Nursing Home Abuse and Neglect
Recognizing the warning signs of nursing home abuse and neglect is crucial in protecting vulnerable residents from harm. Many cases of elder abuse go unreported because victims are too afraid or physically unable to speak for themselves. Family members must stay vigilant and look for red flags that may indicate mistreatment by nursing home employees, other residents, or facility management.
1. Unexplained Nursing Home Injuries
Physical harm, such as broken bones, bruises, burns, pressure sores, and other serious injuries may be signs of medical neglect or outright abuse. These injuries can result from improper lifting techniques, inadequate supervision, or even physical assaults.
2. Poor Personal Hygiene
Neglectful nursing homes often fail to provide essential medical care and basic hygiene. Unwashed hair, dirty clothing, foul odors, and untreated infections indicate that staff may be failing to assist with daily grooming and toileting needs.
3. Sudden Emotional and Behavioral Changes
Victims of elder abuse, including sexual abuse, may exhibit depression, anxiety, withdrawal, or fear around nursing home employees or other residents. Uncharacteristic aggression or silence could indicate trauma.
4. Malnutrition and Dehydration
Weight loss, dry skin, and frequent infections may point to neglect or abusive punishment in providing adequate food and water, leading to severe health complications.
5. Financial Abuse and Theft
Unexplained withdrawals, missing personal belongings, or sudden changes in financial documents suggest financial abuse. Dishonest caregivers may take advantage of vulnerable residents by stealing assets or coercing them into altering their wills.
If you suspect nursing home abuse or neglect, reporting your concerns to the nursing facility’s management can help protect your loved one and prevent further harm. Consult an experienced personal injury lawyer who can evaluate your case and advise you on your best legal options.
Admissible Evidence in Nursing Home Neglect Claims
Proving nursing home negligence starts with collecting solid evidence. There are multiple forms of evidence that can be used to support allegations of nursing home negligence. Specific evidence required will depend on the individual facts of your claim. These are a few examples of evidence that can be used to prove nursing home neglect and abuse:
- Medical records of the injured resident
- Videos and photographs
- Testimony of the resident
- Insurance documents
- Employment records
A capable attorney should be able to help you gather enough evidence to prove that the facility, their employee, or another resident violated the rights of your loved one.
Typical Damages for Nursing Home Abuse
Compensatory damage usually includes but is not limited to:
- Hospital expenses
- Increased medical bills for healthcare
- Therapy
- Expenses for medical care equipment
- Cost of short-term or long care
- Emotional distress
- Psychological counseling
- Pain and suffering
- Attorney’s fees
In some states, you may also be able to obtain punitive damages if the abuse was willful and reckless instead of negligent.
Choose a Proven Nursing Home Abuse Lawyer to Protect Your Rights
There is never any excuse when the most vulnerable members of society are abused or neglected, especially by those entrusted to take good care of our loved ones.
Sadly, a recent study reported by Newsweek found that Washington State leads the nation in elder abuse, with 3,597 cases of mistreatment for every 100,000 people age 65 and older. Financial exploitation was a major source of abuse, according to the report, which again ranked Washington top in the nation, with an average of nearly 12,000 reported instances of financial exploitation of elders reported annually.
The skilled and resourceful attorneys at Walton Law, A.P.C. can help hold the negligent parties liable and help you get the justice you deserve. If you or an elderly loved one was injured in a nursing home, our experienced attorneys will work hard to prepare a strong case and obtain fair compensation. To request your free, no-obligation consultation, call us at (360) 543-1010 or complete this online form