Nursing Home Abuse
We all have the reasonable expectation that a property—be it private, public, or commercial—is safe, and that if it isn't, the property owner will let us know. Unfortunately, this common courtesy is often overlooked, with dire consequences, especially in settings where our most vulnerable loved ones reside.
Nursing home abuse is a critical public health problem, affecting about 1 in 6 people ages 60 and older worldwide in community settings. Experts predict this abuse will continue to rise as the population of those ages 60 and older is set to double in the next few decades. This abuse can lead to serious and potentially fatal injuries, psychological damage, financial harm, and a profound loss of dignity.
If you or a loved one has suffered from nursing home abuse, help is available. Don't wait—protect your loved one's rights and future. Contact Breit Biniazan today for a free, confidential case evaluation. Call us at (855) 659-4457 to speak directly with an experienced attorney, or request your case review online. We only get paid if you win.
Nursing home abuse is a type of abuse that happens when caretakers—aides, maintenance workers, nurses, and even doctors—harm residents in a nursing home or long-term care facility.
Nursing home abuse takes a variety of forms, including:
Nursing home abuse can have a substantial and long-lasting effect on the victim. In addition to the physical harm caused by neglect and physical and sexual abuse, both these and other types of abuse can lead to depression, anxiety, PTSD, and isolation. Knowing some of the signs and symptoms of nursing home abuse may help you intervene on a loved one’s behalf.
Neglect is when caretakers continuously or repeatedly fail to meet a resident’s basic needs. These needs include things like food, water, shelter, cleanliness, and healthcare.
Nursing homes with untrained staff or staffing shortages may put their residents at risk of serious neglect. This can lead to dehydration, pressure ulcers (bedsores), urinary tract infections, and sepsis, among other potentially deadly conditions.
A few of the most common signs of neglect include:
Those living in community settings can be at greater risk of serious harm from infections and dehydration, so chronic neglect can risk permanent injuries or even wrongful death.
Any intentional physical harm inflicted on a nursing home resident can be considered physical abuse.
Some examples of physical abuse include:
Sometimes, the older adult may be unable to communicate the abuse to others. Or, they are pressured into silence by the perpetrator.
With this in mind, some common signs of physical abuse in nursing homes include:
Nursing home sexual abuse includes any unwanted sexual activity against an elder. Residents in memory care facilities and those with certain medical conditions may be at higher risk as they are unable to consent to sexual activity.
Some common signs of elder sexual abuse may include:
Sexual abuse of a nursing home resident may accompany other types of abuse, like physical, financial, and emotional abuse.
Nursing home financial abuse takes place when caregivers financially exploit the nursing home resident, whether by directly stealing from them or manipulating them into giving “gifts.”
Those in need of a nursing home or long-term care may require help managing their finances, making them especially vulnerable to exploitation and theft.
In a nursing home setting, financial abuse can include:
Financial abuse can be tough to spot, and the consequences can be financially devastating. Many seniors who fall victim to financial abuse may develop depression or anxiety.
Emotional abuse happens when a nursing home resident is threatened, belittled, yelled at, insulted, or otherwise harassed.
Unlike physical abuse, emotional abuse doesn’t leave a visible mark on victims making it difficult to detect. This type of abuse may only be detected after the victim begins showing signs of depression, PTSD, or anxiety.
Some common signs of emotional or psychological abuse include:
If you suspect emotional abuse, you may want to monitor the caregiver’s behaviors to see whether they’re attempting to isolate your loved one from those who might notice something is wrong.
Nursing home abuse doesn’t discriminate—it occurs throughout the U.S. and affects both rich and poor as well as those from all ethnicities, races, religions, and walks of life.
However, there are certain risk factors that may put nursing home residents at an elevated risk of abuse, including:
If your loved one falls into one or more of these categories, keep a close watch on them and pay attention for any potential signs of abuse.
The data underscores the urgent need for heightened awareness and accountability in nursing home care. According to the Virginia Department of Health:
Several parties may bear responsibility depending on the circumstances:
To prove liability and pursue compensation in a nursing home abuse case, victims (or their legal representatives) generally need to prove three things:
If you can prove each of these three factors, you may be able to recover various types of damages.
These damages are designed to compensate you or your loved one for financial losses. Compensatory damages can include:
Punitive damages are designed to punish the nursing home and any other responsible parties to discourage future negligence. They are usually awarded in cases where the defendant’s behavior is especially heinous.
Under the laws of many jurisdictions, individuals who suffer from nursing home abuse must generally file a lawsuit within a certain period, typically within two years from the date of the injury. However, there are exceptions to this statute of limitations in some cases. This underscores the importance of consulting with a nursing home abuse attorney as soon as possible to understand your legal rights and the timeframe for taking action.
An experienced nursing home abuse lawyer can help you fight back against those who have harmed you or your loved one. Suing a nursing home or caregiver can be a complex process, and an attorney who specializes in this area of law can help you create the strongest possible case and pursue the damages you’re owed.
Specifically, your attorney can:
Experienced nursing home abuse attorneys have firsthand knowledge of the impacts of abuse. If you or a loved one has been harmed while living in a nursing home or long-term care facility, your attorney can help you hold those responsible accountable for their actions.
Taking immediate, informed action can protect your loved one and build a strong case:
For immediate guidance and legal help, call our Richmond nursing home abuse attorneys at (855) 659-4457.
Holding senior living facilities accountable for negligence requires extensive research, time and expense. Fortunately, the nursing home abuse lawyers at Breit Biniazan are not afraid of putting in the work needed to prove your case. We live to outwork the other side, leading in the courtroom when the time comes.
Was your loved one wronged by a senior living facility? Bring their abuses to light. Call (855) 659-4457 to chat with our nursing home abuse lawyers.
Under federal law, residents of nursing homes that receive any Medicaid funding have the right to be free from verbal, sexual, physical, and mental abuse. They also have the right to be free from any physical or chemical restraint that is imposed for discipline or convenience. The only time a nursing home resident should be restrained is when it is necessary to treat a medical condition. Many states extend additional rights to nursing home residents, which vary from state to state.
There are many reasons for nursing home abuse. However, the two most common include understaffed facilities, and untrained, unsupervised, or unqualified staff. Residents may also be reluctant to report abuse due to fear of retaliation.
Although every case is different, strong evidence of nursing home abuse can include:
You can report suspected abuse to the nursing facility administration, Adult Protective Services, local law enforcement, or the Virginia Department of Health.
Proving abuse involves demonstrating that the facility or caregivers had a duty of care, breached that duty, and caused harm. Evidence can include medical records, photographs, witness testimony, and facility reports.
The statute of limitations typically requires filing a lawsuit within two years of the injury or discovery of abuse. Immediate legal consultation is critical.
Reports can be made to facility management, Virginia Adult Protective Services, local police, or the Virginia Department of Health.
Don’t wait—nursing home abuse can escalate quickly and have devastating consequences.
Call Breit Biniazan at (855) 659-4457 today for a free, confidential consultation with experienced nursing home abuse lawyers who will fight for your loved one’s rights and maximum compensation.
Request your case review online now.
You pay nothing unless we win your case. Let us fight tirelessly to hold negligent parties accountable and secure justice for your family.
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