Nursing Home Negligence

Nursing Home Negligence AttorneyNursing home negligence is a serious issue at nursing facilities in Illinois and across the United States. It usually occurs when a resident does not receive quality care and comfortable living conditions resulting in not only significant physical damage but also deterioration of psychological health. Thus, it is highly important to learn about the signs of negligence in a nursing home to ensure the wellbeing of your loved ones. If you find any evidence of negligence, you can initiate a legal claim by hiring an experienced personal injury lawyer.

Signs of Nursing Home Negligence

  • Poor personal hygiene – Nurses and other stuff are responsible to assist the residents with their basic personal hygiene. For instance, they need support with brushing their teeth, bathing, clipping their nails, and other tasks. When a resident is neglected, they attempt to carry out these tasks by themselves and often they are unable to perform them correctly, which results in poor personal hygiene.

  • Poor living conditions – Nursing homes are obligated to provide a clean and safe environment to their residents. Federal law contains comprehensive guidelines that all nursing home facilities should adhere to ensure that residents are provided with a sanitary living condition. Neglecting these duties may potentially result in sickness and development of health-related issues, thus you must ensure that your loved one has clean bedding, clothing, and access to clean bathrooms.

  • Lack of nutrition or dehydration – Neglect can also result in physical issues such as dehydration or malnutrition. The lack of oversight or individualize care, mainly due to inadequate or incompetent staff may lead to such physical problems. Though the resident’s medical condition must also be taken into consideration when considering their physical health.

  • Lack of mobility – Nursing homes should ensure that the residents remain active, either by moving around or through daily exercise. Even a mere walking program can provide a multitude of health benefits such as improved blood circulation, reduced spasms, and contractures, and increased balance, to name a few. A lack of mobility means that a person is left sedentary for an extended period of time, which may possibly result in bed sores or other infections.

  • Wounds or Injuries – If a resident has sustained injuries such as bruises or wounds, it indicates that they may have been subjected to abuse or neglect in the nursing home. It is not necessary that a nurse or other staff deliberately caused them any harm, but not providing assistance or neglecting their respective duties may also lead to such injuries, which can have a severe impact on their health, especially due to the old age.

  • Deteriorating Psychological Health – If a resident shows signs or symptoms which indicate a decline in their emotional or psychological health, it is critical to address these issues on a priority basis. They might be suffering from depression, anxiety, or other similar conditions which may cause them to neglect themselves. For instance, they refuse to eat, take medicine, or perform basic hygiene.

It can be highly beneficial for your case to procure services of a competent personal injury lawyer as they will devise a strong case against the nursing home to seek rightful compensation for the sufferings of your loved one. Even if you just have a suspicion that a nursing home is not offering the level of care that a reasonable resident might expect, it can be in your best interests to have a personal injury lawyer to navigate you through the legal process to take any action.

If you believe that your loved one is being mistreated in a nursing home or want to learn more about nursing home negligence or how to pursue a legal claim, contact The Law Offices of Robert T. Edens today at (847) 395-2200 to schedule a free consultation with a nursing home abuse lawyer.

Nursing Home Neglect FAQs

Nursing Home Neglect AttorneyAs disturbing it may be for you to imagine, but every day, a sizable segment of the elderly population in nursing homes is neglected, abused, or victimized in one form or the other. More than 500,000 people over the age of 60 are neglected or abused every year according to the Centers for Disease Control and Prevention. However, this figure only accounts for a fraction of the original number of problems, as a majority of the nursing home neglect and abuse cases go unreported.

If you think that your elderly loved one is being neglected, you may have some questions regarding taking legal action for getting appropriate compensation. We have answered some commonly asked questions from our nursing home neglect attorney here:

Q: What constitutes as nursing home neglect?

A: Nursing home neglect has several forms, including the failure of:

  • Protecting the resident elderly for safety and health hazards
  • Preventing from dehydration and malnutrition
  • Protecting the resident elderly from their abusive actions of other residents of the nursing home
  • Providing medical care for mental and physical health needs
  • Providing adequate and clean clothing

Q: What are the types of nursing home neglect?

A: The Nursing Home Abuse Center defines four types of nursing home neglect:

  1. Neglect of basic needs – The failure of the nursing home staff to provide the resident with adequate amount of food or water, or to provide a safe and clean environment
  2. Medical neglect – The failure of the nursing home staff to attend to healthcare needs or provide standard medical care to the resident for problems, including bed sores, mobility issues, cognitive disorders, lacerations, and provisional care for diabetes
  3. Emotional or social neglect – This refers to the repeated ignorant and unethical behavior of nursing home staff towards the resident, including abandonment, yelling, etc.
  4. Neglect of personal hygiene – The failure of the nursing home staff to provide sufficient assistance with bathing, cleaning, laundry, brushing teeth, or any other type of common hygienic practices.

Q: Who is liable for nursing home neglect?

A: The nursing home administration and staff are directly responsible for any type of neglect that takes place in the premises of the institution. Not only it is their responsibility to provide adequate care to the residents, but they are being paid for these services and it is part of their job. There are several things for which the facility can be held liable, including:

  • Breach of regulatory or statutory obligations
  • Inadequate training
  • Medication errors
  • Negligent hiring
  • Understaffing

Q: Where to report suspected nursing home negligence?

A: You can contact the following to report and take action against the suspected nursing home negligence and abuse:

  • Adult Protective Services
  • Emergency services, such as paramedics, local law enforcement, and others
  • A local attorney
  • Treating medical providers or physicians
  • Long-term care ombudsmen
  • Illinois Department of Public Health (IDPH)

Personal Injury Attorney

If you suspect that your elderly loved one has been a victim of nursing home negligence, you should talk to a reliable and experienced nursing home neglect attorney to help you with your situation. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation with our firm.

Elder Sexual Abuse in Nursing Homes

You may be surprised, even shocked, when you hear someone discussing the rising issue of elder sexual abuse in nursing homes. However, it is one of the more common types of abuse in nursing homes mainly because the elderly are easy targets for sexual predators who take advantage of their weakness and defenseless. In addition, the elderly with some sort of medical conditions due to which their motor skills or speech have been impaired are also victims of sexual abuse.

What is Elder Sexual Abuse?

Sexual abuse is defined as a form of sexual contact that is unwanted or non-consensual and involves inappropriate touching, sexual coercion, rape, sexual harassment, sodomy, and sexually-explicit photographing. It involves situations where the residents of a nursing home are forced, manipulated, tricked, or coerced into sexual contact without consent or where the victims are frail, disabled, too ill, or mentally incapacitated to give consent.

The resident of a nursing home can be sexually abused by different types of people, such as:

  • Sexual abuse by a nursing home staff member
  • Sexual abuse by a family member
  • Sexual abuse by a nursing home resident
  • Sexual abuse by a stranger

Facts about Nursing Home Sexual Abuse

The following are some facts pertaining to nursing home sexual abuse:

  • 70% of the total reported abuses take place in nursing homes
  • In 81% of the cases, the abuser is the primary caregiver
  • The number of elderly female victims exceed by six times than that of men
  • Only 30% of elder sexual abuse cases are reported to the authorities

Signs of Elder Sexual Abuse

In order to determine whether your elderly loved one is being sexually abused at the nursing home, here are some physical and behavioral indictors to look for:

  • Pelvic injury
  • Difficulty in walking or sitting
  • Extreme agitation
  • Diagnosis of sexually transmitted diseases (STDs)
  • Aggressive and inappropriate sexual behavior
  • Stained, torn, or bloody undergarments
  • Bruises or signs of injury around the genital area or on inner thighs
  • Ignoring or withdrawal from social interactions
  • Unusual or inappropriate behavior with another resident or staff member indicating a sex-role relationship

Taking Action against Elder Sexual Abuse

When you discover that your elderly loved one has suffered from sexual abuse, it is important that you make a report against the institution to police authorities. Even though some nursing homes have policies in place for dealing with sexual abuse claims, you should not hesitate to involve proper authorities if they don’t take immediate action.

1

If you have observed any of the above mentioned signs of elder sexual abuse and want to file a claim against the nursing home, you should hire a reliable and experienced nursing home neglect attorney for legal help and advice. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation with our firm.