Proving nursing home neglect involves gathering evidence demonstrating a breach of the duty of care owed to a resident, resulting in harm or a risk of harm. Consider taking the steps below to build a persuasive case. If your loved ones have suffered from nursing home neglect, contact a qualified attorney as soon as possible. You deserve professional support to navigate this challenging situation and pursue the financial recovery you and your family deserve. An experienced nursing home neglect attorney can guide you through the legal process, helping to ensure that your loved one's rights are protected and that the responsible parties are held accountable. Continue reading to learn more about how you can prove nursing home neglect and take the necessary steps toward justice and compensation.
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Nursing Home Abuse Statistics
According to Elder Abuse Statistics and the Centers for Medicare and Medicaid Services, nursing home abuse and neglect are at an all-time high, especially over several years. According to the Centers for Medicare and Medicaid Services, nursing homes in the United States receive 94,499 health citations annually. Of the citations issued in one year alone, 7,654 related to abuse, neglect, or exploitation of nursing home residents. Types of citations that the Centers for Medicare and Medicaid Services in the year previous included:- Environmental deficiencies- three percent
- Administration deficiencies- four percent
- Nursing and physician services deficiencies- four percent
- Infection control deficiencies- seven percent
- Freedom from abuse, neglect, and exploitation deficiencies- 80 percent
- Nutrition and dietary deficiencies- eight percent
- Pharmacy service deficiencies- ten percent
- Resident assessment and care planning deficiencies- 14 percent
- Resident night deficiencies- 15 percent
- Quality of life- 27 percent
What Constitutes Neglect?
First, to prove neglect, you must understand what constitutes nursing home neglect. Neglect in a nursing home typically involves failing to provide necessary care or services, which can lead to harm. General examples of nursing home neglect can include:- Nutritional neglect happens when a facility fails to provide adequate food or water, leading to malnutrition or dehydration.
- Hygiene neglect happens when the facility fails to assist with bathing, grooming, or cleaning.
- Emotional neglect happens if caretakers ignore or isolate residents.
- Medical neglect might be the most common type of nursing home neglect. Medical neglect happens when the facility fails to provide necessary medical care, medication, or attention to a resident’s chronic health conditions.
- Sexual abuse happens in nursing homes. Sexual abuse is when non-consensual sexual contact, harassment, inappropriate touching, or coercion into sexual acts from nursing home staff to residents.
- Financial exploitation happens when a nursing home staff member uses a resident’s finances or assets without authorization. Financial exploitation can also present itself as theft, coercion into changing a will, or misuse of funds.
- Healthcare fraud is also a form of nursing home abuse. Healthcare fraud includes improper or fraudulent actions by healthcare providers. An example of healthcare fraud includes overcharging for services or billing for care not provided to the resident.
What Are “Red Flags” For Nursing Home Abuse?
There are some serious red flags that you should not ignore. Contact an nursing home neglect attorney immediately if you notice any of the following issues when visiting a family member in their care facility.- Overmedication or signs of chemical restraint.
- Emotional withdrawal, fear, or anxiety around staff.
- Poor hygiene or soiled clothing.
- Bedsores or pressure ulcers.
- Sudden weight loss or signs of malnutrition.
- Unexplained injuries, bruises, or frequent falls.
What Evidence Do I Need To Prove Nursing Home Neglect?
If you suspect nursing home neglect, start gathering evidence. Proving nursing home neglect requires that your present evidence shows the facility failed to meet the standard of care, resulting in harm or an increased risk of harm. Here is a breakdown of the key types of evidence that can support a neglect claim:Witness Statements
Having witness statements available can strengthen your case for compensation. You can collect evidence from other residents who may have observed the neglect or abuse. There may be family observations and logs or verbal accounts from family members who visit the facility. Statements from current or former employees about poor practices or inadequate staffing.Photographic and Video Evidence
A picture (or video) is worth a thousand words. You should try to get photographic evidence of the resident’s physical injuries, including clear images of bedsores, bruises, cuts, or infections. If neglect is due to unclean living conditions, gather pictures of unsanitary living spaces, soiled bedding, or poor hygiene. Images showing malnourishment, dehydration, or poor grooming can help your loved one’s case.Medical Records
Evidence of medical records can help prove your nursing home neglect claim. Records showing untreated wounds, bruises, or fractures can help prove your loved one’s unexplained injuries. Medical records also show neglect due to missed medications because they will show documentation of skipped or improper dosages. Some records might have notes that indicate significant weight loss, poor hydration, or lack of necessary dietary care. Finally, medical records might show evidence of pressure ulcers, often resulting from prolonged immobility and lack of attention.Facility Records
Reviewing nursing home records can help your case. An attorney can collect evidence of staffing schedules, which might show proof of understaffing or a lack of qualified caregivers. Reviewing the facility’s training records might prove that employees lacked adequate training for resident care. Internal documentation about injuries, complaints, or accidents can help build a compensation case. Lastly, evidence from inspection reports can reveal whether the regulatory agency found violations or substandard care at the facility.Proof of Behavioral Changes
Keep notes of any behavioral changes you observe from your loved one living in a nursing home. Specifically, evidence of emotional or psychological distress, such as withdrawal or fear of staff, sudden changes in behavior or mood, or signs of depression or anxiety, can all help build your case.Electronic Evidence
If available, video recordings from the facility can provide direct evidence of neglect or abuse. Electronic health records and logs can show missed or delayed treatments. Gathering electronic evidence might be difficult, so having an attorney work for you can strengthen the viability of your claim.Complaints or Prior Violations
Reports from health or elder care agencies citing safety or care deficiencies or records of prior complaints or lawsuits against the facility will help build your case.Professional Opinions
You can prove your nursing home negligence complaint through professional opinions. Professionals can confirm that injuries or conditions resulted from neglect. Consultants familiar with industry standards can testify about the facility’s failure to meet these standards, strengthening your case. An attorney can connect you with helpful expert witnesses.Personal Documentation of Neglect
Record your visits and observations, including the frequency of staff attending to residents, interactions between staff and residents, and any concerns or signs of neglect. Keeping a daily journal with detailed notes about changes in the resident’s physical or emotional state.Request Your Free Consultation
How Can I Strengthen My Nursing Home Neglect Case?
Ensuring you get the best results from your nursing home case is important. To get the best results, consider taking these steps:- Act promptly because evidence may degrade over time, including injuries healing and documents being altered or lost.
- Consult lawyers or medical professionals to help guide you throughout the investigation.
- File a complaint and report the incident to regulatory agencies that can create an official record of your concerns.