Identifying Abuse in a Nursing Home
1. What are some examples of abuse that lawyers see in nursing home liability cases?
3. What are the warning signs of a bad nursing home?
4. I just discovered that the nursing home used restraints to tie down my father - is this abuse?
6. My elderly father is not mentally sound, and he frequently curses and yells at the nursing home staff. Recently, I noticed several bruises and cuts - it appears that someone has hit him. My father does not have the ability to testify in Court - how could we pursue a case?
7. Will my dad be kicked out of the nursing home if we file a complaint?
1. What are some examples of abuse that lawyers see in nursing home liability cases?
Common forms of abuse include cuts and bruises when nursing home attendants hit or push residents. The most serious of this type of abuse may be directed against residents who are lack the capacity to identify their attackers.
Mental abuse, unfortunately, is also quite common. Poorly trained attendants may yell at or threaten residents. If the resident has a reduced mental capacity, the effect of even mild verbal abuse from a caregiver can be devastating. Even if there is no physical injury, juries have been increasingly willing to recognize the seriousness of verbal abuse directed against nursing home residents. Emotional abuse can also take the form of behavior that causes humiliation, harassment, threats, deprivation, intimidation, manipulation, and degradation. Involuntary isolation and unwarranted restriction of activities also constitute emotional abuse.
Extreme neglect, such as when a resident is left alone for hours or is not given access to the restroom can also be characterized as abuse in a court of law.
2. I do not suspect any abuse or mistreatment of my elderly mother, but I have seen nursing home staff screaming at other patients - what should I do?
Poor treatment of any elderly person should be reported. If you are concerned that filing a report or complaint could lead to retaliation, report the abuse anomomously. Sometimes a good nursing home can employ one or more attendants who should not have been hired. If the nursing home administrator refuses to investigate your allegations, you should be very concerned that your loved one may be in danger.
A resident’s lack of money or status as a Medicaid resident should have no bearing on how that resident is treated.
3. What are the warning signs of a bad nursing home?
A typical characteristic of a poorly run nursing home is lack of cleanliness, both in terms of how the building is kept up and in terms of the appearance of the residents.
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4. I just discovered that the nursing home used restraints to tie down my father - is this abuse?
Physical (or chemical) restraints can be appropriate, but only in circumstances in which the resident is a potential harm to himself or to others. Generally, the decision to use restraints should be considered as a medical decision by a physician, not as a tool to control a nursing home population.
You should be concerned if restraints were used against your loved one and without your knowledge and consent. If it can later be determined that restraints were, in fact, not necessary, the nursing home could be liable for damages.
5. My elderly mother is not mentally sound, and she accuses the staff of all kinds of bad things. How can I know if there is any truth in anything she says?
This is a difficult problem and one that comes up frequently. Firstly, you should listen closely to what your mother is saying. Is she describing specfic incidents or is she speaking generally that her caretakers are somehow trying to damage her?
If there is any independent evidence (such as bruises or statements by other residents), the claim is worth investigating.In some circumstances, it is appropriate to retain the services of a private investigator to observe or record your mother and the nursing home over a period of time. We might also recommend that you and the children of other residents coordinate a schedule of unplanned visits to make your own observations.
6. My elderly father is not mentally sound, and he frequently curses and yells at the nursing home staff. Recently, I noticed several bruises and cuts - it appears that someone has hit him. My father does not have the ability to testify in Court - how could we pursue a case?
In cases of severe physical injury or death, examining physicians or even non-examining physicians with access to the medical records can testify that a particular injury is most consistent with intentional harm (rather than an accidental fall). Also, as part of the investigation into a case, your attorney may want to retain the services of a private investigator to observe, videotape or otherwise record the activities within a nursing home.
You can be a great help to your attorney by keeping a diary of events that seem suspicious and by writing down the names of all personnel that you see. Nursing home abuse cases may take months or years to get to court, and employees may change jobs or move. However, personnel records can be subpoened and individuals can be found. The more information you can provide your lawyer, however, the better your chances for preserving testimony and other good evidence.
7. Will my dad be kicked out of the nursing home if we file a complaint?
Federal law prevents a nursing home from retaliating against a resident because of the filing of a complaint. Your first and overriding priority ought to be the health and well being of your loved one. Accidents do happen and bad employees do slip through the hiring programs of good nursing homes.
If your loved one suffers a significant injury that justifies a claim for money damages, you can and should seek competant legal consel to assess your rights. Some nursing home abuse cases are resolved without a court hearing.
Remember, however that filing a complaint with the nursing home administrator is not the same thing as filing a lawsuit. Your loved one can lose his/her right to pursue a legal remedy if a suit is not filed with the Clerk of Court in the County where the nursing home has its “registered agent for service” within the appropriate statute of limitation.
Contact Jonathan Ginsberg by phone at 770-393-4985
or by e-mail at jonathan @ glolaw.com