NURSING HOME ABUSE FAQs

What is nursing home neglect?

When a senior does not receive the certain necessities such as medical attention, nutrition, clothing, or general care, this is neglect. Investigating such failures and shortcomings helps decided whether any such situation arose out of neglect, or abuse.

What happens when a senior complains of neglect or abuse?

It is common for nursing home supervisors to be informed of a resident’s complaints. The supervisor must examine every complaint he or she receives. Whenever something much worse and dangerous happens, such as where a resident’s health is jeopardized, a private doctor who is unassociated with the home is required to examine the resident in question.

What if someone I love is being abused in a nursing home?

You can take any of the three primary legal paths: a formal investigation, a civil lawsuit, and/or criminal prosecution. In a civil lawsuit, you can sue for losses that were suffered as a direct or indirect result of abuse or negligence. Criminal legal action is only for cases where a staff member’s behavior is so poor and negligent, that it calls for the nursing home to be held accountable for that person’s actions.

What signs should I be suspicious of?

There are many signs that may be red flags of abuse or neglect. Any of the following signs should provoke suspicion and investigation:

• Bedsores
• Falls
• Unexplained injuries
• Malnutrition
• Unsanitary conditions
• Poor staffing
• You notice residents who are constantly over-medicated
• Sudden changes in behavior
• Inexplicable venereal diseases or infections
• Staff members who deny visitations from loved ones
• Unexpected death

What should a person do when their rights, or those of a loved one, are violated?

In extreme situations, such as one in which a senior’s health is threatened, interference by the state is needed. A state investigation often results in monetary penalties or cancellations of licenses. In cases that aren’t as extreme, internal investigations are usually performed by the facility itself, to determine what issues can be resolved.

Can I take a loved one out of a poor nursing home?

Yes. It is advised that prior to moving your loved one from a home, you make other arrangements for their care, such as looking for a home-health service or hiring a live-in nurse.

How much are typical nursing home abuse lawsuits worth?

In order to most accurately determine the value of your case, the court will meticulously consider: duration of abuse, type of abuse, degree of injury, and all related costs. It is common for your nursing home abuse attorney to use prior cases, or precedents, to show the types of damages that may be handed out to you in your case.

Do I have to settle a nursing home abuse case in court?

No. In fact, the majority of nursing home abuse cases are not. However, as experienced trial lawyers, the Arguello Law Firm nursing home abuse attorneys will take your case to trial if we believe it is in your best interest.

Can anyone file suit against a home?

It is allowable for lawsuits to be filed by a resident, or by a resident’s relative for them. This usually hinges on the mental state and capabilities of the senior.

What are some of the primary causes of nursing home abuse?

Tons of nursing homes are managed by poor, under-qualified staff. It’s common for nursing homes to even employ the services of staff members with a violent past. Some homes are even under-staffed. Unfortunately, there are a high number of senior victims who are afraid to speak up regarding their abuse because they are ashamed or even scared.