Nursing Home Neglect Explained

Though no one wants to suspect their loved one is being neglected or abused in a nursing home, such poor treatment is surprisingly common.  The sad truth is most industry experts are adamant nursing home abuse is much more rampant than statistics indicate.  This is due to the fact that nursing home negligence and abuse are under-reported. According to the New York State Elder Abuse Prevalence Study, for each known case of elder abuse, 24 are unknown.  Some seniors are afraid to speak up as there is the potential for additional abuse.  Others lack the family or social support necessary to speak up in confidence.  Sadly, some senior citizens suffer from dementia so hardly anyone would believe them if they complained.  Let’s take a closer look at what constitutes elder abuse and resulting nursing home lawsuits.

Defining Elder Abuse

According to the Administration for Community Living (ACL), hundreds of thousands of senior citizens are neglected, exploited or abused every single year.  A considerable percentage of these victims are frail, highly vulnerable octogenarians incapable of helping themselves.  These needy seniors are nearly completely dependent on others to satisfy their basic needs.

ACL defines the term “elder abuse” as a caregiver’s intentional, knowing or negligent action that results in the risk for harm or harm to a vulnerable individual.  Examples of neglect and elder abuse include physical abuse, emotional abuse, sexual abuse, abandonment and financial abuse.  Examples of neglect include malnutrition, dehydration and failing to take care of the senior’s hygiene.

Legal Action in Response to Nursing Home Abuse

Placing a senior citizen in a nursing home is an incredibly difficult decision.  No one wants to put their father, mother or other loved one in a situation in which there is the potential for a complete stranger to abuse them.  However, there comes a point in time at which family members are unable to care for their loved ones.  Most nursing homes are staffed by honest, hardworking professionals who mean well.  However, there is the potential for nursing homes to hire shady characters or employees with minimal experience.  Some nursing homes are understaffed to the point that they cannot provide the level of care originally promised.

Meet with our personal injury legal team and you will find a surprising number of nursing homes do not meet their responsibilities.  These institutions are governed by the Nursing Home Reform Act, the Social Security Act, the Older Americans Act and Medicaid/Medicare.  However, the hiring of unqualified employees and/or malicious individuals or even a shortage of employees will result in elderly residents paying quite the hefty price.  It is awfully difficult to come to terms with the fact that nursing home neglect and abuse are becoming increasingly common.  Such neglect or abuse can go on for an extended period of time before the senior’s loved ones find out.

If nursing home negligence or abuse are uncovered, the nursing home can be sued for damages.  If there is enough evidence to file a case against the nursing home, expect the corporate attorneys on the other side to put up a fight.  This is precisely why you need a talented nursing home abuse attorney on your side.  There is a good chance your case will settle out of court as few nursing homes want to pay for the costs of lengthy litigation in court.  If you suspect your loved one has been neglected or abused in a nursing home, reach out to Richard Schibell today to schedule an initial consultation.

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