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- How
prevalent is nursing home abuse and neglect?
- What
are the causes of nursing home abuse and neglect?
- What
are the various types of neglect and abuse?
- How
can one recognize the signs that abuse or neglect may be occurring?
- What
can I do if I suspect nursing home abuse or neglect?
- What
is the first step in pursuing a nursing home abuse or neglect claim?
- What
if I am told by an attorney that I do not have a good case?
- What
about the costs involved in pursuing a case?
- How
long will a nursing home abuse case take?
- How
long does one have to bring a nursing home abuse or neglect claim?
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1.
How prevalent is nursing home abuse and neglect?
Answer:
More than 1.5 million elderly and disabled Americans reside in more than
16,000 nursing homes across this country. Despite the fact that by
law, these nursing homes must take steps to attain or maintain the
"highest practicable physical, mental, and psychosocial well-being of
each resident," too many of these residents are the victims of
neglect or abuse by these facilities and/or their employees. Consider
a 1998 study by the United States General Accounting Office (GAO) which
concluded that more than half of the suspicious deaths studied in
California nursing homes were likely due to neglect, including
malnutrition and dehydration. The study further found that nearly 1
in 3 California nursing homes had been cited by state inspectors for
"serious or potentially life-threatening care problems."
The GAO report noted that these same problems can likely be found across
the nation.
Despite increased regulatory oversight of the nation's
nursing homes, it is safe to assume that many violations posing threats to
the health and safety of the residents go unreported. Nursing home
inspectors simply cannot be everywhere at all times. Therefore,
family members with loved ones who are residents of nursing homes must never
take the resident's care for granted and assume adequate protections are
in place. The nursing home resident's only protection may be the
family member's diligence in reporting any perceived problems. Return
to FAQ menu.
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2.
What are the causes of nursing home abuse and neglect?
Answer:
Perhaps due to an attempt to squeeze more profit from the bottom
line, too many nursing homes simply do not hire sufficient numbers of
qualified staff to appropriately care for their residents.
Poorly qualified, untrained, and/or overworked staff are not capable of
addressing the demanding daily needs of nursing home residents.
Exposing neglect and abuse in a nursing home facility is much more
difficult than in some other health care contexts because the nursing home
abuse/neglect victims are often incapable of communicating the nature and
occurrence of their abuse or neglect because of their physical and/or
mental infirmities. Return
to FAQ menu.
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3.
What are the various types of neglect and abuse?
Answer:
Nursing home abuse and/or neglect can involve not only the physical
well-being of the resident, but also the mental, and/or psychological
well-being of the resident as well.
Nursing home abuse
and/or neglect can take many forms, all of which are too numerous to list.
The following, however, represent common examples of nursing home
abuse and/or neglect:
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- failure to provide
proper nutrition and hydration
- failure to assist
in personal hygiene when needed
- over-medication or
under-medication
- failure to take
reasonable precautions to prevent falls
- failure to answer
call lights in a timely fashion
- failure to turn
residents in their beds (leading to pressure sores)
- failure to take
residents to the toilet (leaving them in soiled garments or beds)
- slapping or other
physical abuse of the resident
- use of unwarranted
chemical or physical restraints
- emotional or verbal
abuse of the resident
- retaliation for
making a complaint or filing a grievance
- failure to take
adequate precautions to prevent injury to the resident
- failure to provide
for appropriate medical care
- sexual assault or
rape of the resident
- theft of the
resident's money or other personal property
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The foregoing list is
only intended to set forth common examples of abuse and neglect.
This list is by no means exhaustive. Return
to FAQ menu.
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4.
How can one recognize the signs that abuse or neglect may be occurring?
Answer:
Any one or more of the following
could evidence nursing home abuse or neglect and warrants investigation:
- bedsores (also known as "pressure
sores", "pressure ulcers", and "decubitus
ulcers")
- skin rash
- urine and/or feces odor
- lack of attention to resident's personal
hygiene
- falls resulting from lack of adequate
precautions or assistance
- skin tears
- bruises, contusions, or lesions
- bone fractures
- significant weight loss
- dehydration
- disorientation
- depression or isolation
- unexplained mood changes
- fear or anxiety
- unexplained refusal or inability to
communicate
- presence of unjustified chemical or
physical restraints
Return to FAQ menu.
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5.
What can I do if I suspect nursing home abuse or neglect?
Answer:
Given that the
health and safety of the resident is at stake if nursing home abuse or
neglect is suspected, the matter should be investigated immediately.
If the matter cannot be resolved to your satisfaction by bringing
it to the attention of the nursing home administrator and/or the director
of nurses at the nursing home, you may seek the assistance of the
government along with private attorneys.
GOVERNMENT
HELP:
You may contact your state attorney general's office to report
abuse. The attorney general's office may alert you to other state
agencies that may likewise have jurisdiction to address complaints of
abuse and/or neglect.
PRIVATE ATTORNEY ASSISTANCE:
Private attorneys can bring civil actions against nursing homes and
their agents who are responsible for neglect and/or abuse in order to
recover damages for medical bills, pain and suffering, and mental anguish.
Under certain circumstances, one
may also seek punitive damages in a civil lawsuit in effort to
deter such grossly negligent and/or fraudulent conduct in the future.
Return to FAQ menu.
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6.
What is the first step in pursuing a nursing home abuse or neglect claim?
Answer:
The first step in pursuing a
nursing home abuse or neglect case is suspecting that one may have been
the victim of abuse or neglect. Many times the nursing home victim
is not capable of communicating about the abuse or neglect.
Therefore, one who develops a "gut feeling" that something is wrong should consult a qualified attorney to review the matter, who often
will consult with medical professionals. This process often involves
the obtaining and review of nursing home and medical records along with
other pertinent information. If it is determined that one has a good
case, the next step is usually to give written notice of the claim to the
individuals or entities that are believed to have committed the abuse or
neglect. Return
to FAQ menu.
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7.
What if I am told by an attorney that I do not have a good case?
Answer:
Determining whether or not
one has a "good case" is not always an exact science.
Because such determinations involve the professional judgment (based upon
many factors and considerations) of medical experts and attorneys, it is
recommended that one seek a "second opinion" from one or more
qualified attorneys if told that one's case is without merit. Return
to FAQ menu.
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8.
What about the costs involved in pursuing a case?
Answer:
Some attorneys (including the sponsor of this
website) will agree to handle nursing home abuse and neglect cases on
a contingency fee arrangement. This means that the attorney will not
charge an hourly rate for his services, but instead will be paid a
percentage of the recovery in the event of a settlement or judgment.
In many instances, such attorneys will also pay the case development
expenses (such as expert fees, deposition costs, etc.) with the
understanding that he or she will recoup such costs only in the event of a
recovery. Therefore, one may be able to secure legal
representation without having to pay any attorney's fees or expenses out
of one's own pockets. Return
to FAQ menu.
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9.
How long will a nursing home abuse or neglect case take?
Answer:
There is simply no easy answer to
this question. The vast majority of all cases, including nursing
home abuse and neglect cases, are settled prior to trial. Some cases are settled
prior to the filing of a lawsuit, while others are settled during
litigation or even on the "steps of the courthouse" just before
trial. A nursing home abuse and neglect case, if litigated to trial, could last a
number of years. One who pursues a nursing home abuse and neglect case should
understand from the outset that a quick resolution cannot be
guaranteed. Return
to FAQ menu.
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10.
How long does one have to bring a nursing home abuse or neglect claim?
Answer:
"Statutes of limitation" govern the
length of time one has to file a lawsuit or be forever barred from
pursuing such claim. Under Georgia law, different statute of
limitations periods apply as to personal injury cases under various
circumstances. In some cases, the statute of limitations may be as
short as one year, while under different circumstances, it may be eight
years or more. Many factors bear upon when the applicable statute of
limitations period expires including the age of the plaintiff, the
type of personal injury claim, the particular facts giving rise to the
injury, and others. One must make absolute certain that they are
aware of when their statute of limitations period expires, or risk
jeopardizing their legal rights. An experienced personal injury
lawyer can be of assistance in this regard.
A potential claimant seeking the advice of an attorney should do so
without delay. In certain cases, there may also be other
deadlines that may also impact the case. For example, claims against
government entities may require that the entity or entities be put on
"notice" much earlier than the the statute of limitations
period. Furthermore, given that expert and legal analysis must be
done prior to filing a lawsuit, you should not wait until the statute of
limitations period is nearing its end because the attorney may not have
enough time to complete his or her review prior to its expiration.
There are other benefits to securing obtaining counsel early on as well.
Memories of the event or events in question tend to fade in witnesses,
potential witnesses may later be unavailable because they have moved,
become incapacitated, etc.
Return
to FAQ menu.
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