Signs You Need a Nursing Home Abuse Lawyer

December 19, 2024 | By Lewis Law
Signs You Need a Nursing Home Abuse Lawyer

Knowing how to look for signs you need a nursing home abuse attorney is essential when trusting a loved one in a long-term care facility. When you put your loved one in a nursing home, you have the reasonable expectation that they will be respected and cared for professionally—in a medical setting.

However, a devastating reality for many residents and families is the prevalence of elder neglect and nursing home abuse in facilities across the United States. Such mistreatment regularly results in devastating, costly, or even fatal harm.

Nursing home abuse is irreprehensible, primarily because seniors in nursing homes are a particularly vulnerable population. If your loved one was a victim of elder neglect or abuse, consult a nursing home abuse lawyer to determine your legal rights. You don't have to fight for justice alone.

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What Is Elder Neglect and Abuse?

Understanding elder neglect and elder abuse is imperative for watching for the warning signs. While elder neglect is a form of abuse, here are the primary definitions:

  • Elder Neglect—Failing to provide nursing home residents with necessary services and care to prevent pain, harm, or potential harm. Elder neglect can be intentional or negligent acts.
  • Elder Abuse—Intentionally or negligently subjecting an elder to intimidation, punishment, injury, unreasonable restraint or confinement, or depriving care that results in pain, harm, or emotional distress.

The Department of Justice (DOJ) reports an estimated ten percent of Americans over the age of 65 experience some form of elder abuse annually. The issue of senior abuse is so prevalent that there is an annual World Elder Abuse Awareness Day on June 15th.

If you suspect or know that your loved one is a victim of nursing home abuse, contact a nursing home abuse attorney immediately. They will advise you on what to do next.

Warning Signs You Need a Nursing Home Abuse Lawyer

Unfortunately, there are several different types of nursing home abuse, each presenting with different signs. These elder abuses include neglect, physical, verbal, psychological, and financial.

Signs of Nursing Home Neglect

Nursing home neglect can involve several areas of abuse, including the neglect of basic needs, hygiene, and emotional and medical neglect. Signs of neglect to be aware of include:

  • Unusual weight loss
  • Malnourishment and dehydration unrelated to medical causes
  • Lack of proper personal hygiene and dental care
  • Bed sores and skin rashes
  • Soiled linens and unchanged diapers
  • Not providing necessary medical devices, such as glasses

Unsafe living conditions are another legitimate sign of negligence in a nursing home. Examples include exposed wires, uneven floor surfaces, and a lack of heat, air conditioning, electricity, or running water. You should never ignore unsafe living conditions. They should always be reported.

Physical Warning Signs You Need a Nursing Home Abuse Attorney

The physical signs of nursing home abuse can be the most obvious. However, it's also easy to miss some under clothing and bedding. Typical signs of physical abuse are as follows:

  • Unexplained bruising and welts
  • Blackened eyes
  • Open cuts and wounds
  • Burns or scarring on the skin
  • Unexplained or frequent sprains, dislocations, and broken bones
  • Signs of physical restraint on the wrists
  • Broken eyeglasses
  • Inconsistent explanations regarding bruising and injuries
  • Head injuries

It's a significant red flag if a nursing home staff member is unwilling to allow you to visit with your loved one alone. If a pattern develops where a caretaker impedes your right to visit privately, that warrants an investigation into potential nursing home abuse.

Psychological Signs of Nursing Home Abuse

One of the more evident psychological signs of nursing home abuse is fear and anxiety when specific nursing home staff members are present. Pay close attention to anything that suggests uncomfortableness around a particular caregiver. Other psychological signs involve:

  • Avoiding eye contact with caregivers
  • Avoiding eye contact with you
  • Being agitated and distressed
  • Excessive apologizing
  • Hesitating to speak
  • Developing recessive childlike behaviors, such as sucking on thumbs

Another telling sign that your loved one may be a victim of psychological nursing home abuse is their withdrawal from social interactions. Depression can be related to other circumstances.

However, if your loved one is severely withdrawn, accompanied by other things, such as changes in eating and sleeping, these may be signs you need a nursing home abuse lawyer to investigate.

Financial Warning Signs You Need a Nursing Home Abuse Attorney

Financial signs of nursing home abuse involve viewing checking and savings account balances, bank statements, credit card statements, and other financial documents noting unusual withdrawals or transactions. Common financial warning signs you need a nursing home abuse lawyer include:

  • Unauthorized changes to wills or power of attorney
  • Unexplained banking withdrawals
  • Including additional names on debit bank card
  • Unexplained transfers of assets to someone outside of the family
  • Unexplained credit card authorizations and purchases
  • Forged signatures on financial transactions
  • Unexplained disappearance of cash and valuable assets

The DOJ also reports that the trauma caused by nursing home abuse may result in deteriorating physical and mental health, destruction of family and social ties, tremendous financial losses, and premature death. Nursing home abuse is never justified. Schedule a free consultation with an attorney to recover compensation for your loved one's injuries or wrongful death.

How a Nursing Home Abuse Lawyer Can Help

First and foremost, a nursing home abuse attorney will listen to your grievances with an understanding and compassionate ear. They have experience in cases like yours and are passionate about bringing justice to nursing home abuse victims and their families. Additionally, an attorney will:

  • Gather evidence supporting your nursing home abuse claim
  • Interview witnesses
  • Establish all liable parties (nursing home, staff, other residents)
  • Consult experts (doctors, nurses, mental health providers)
  • Negotiate a fair settlement with liable insurers

Most nursing home abuse cases are settled outside of court. However, if your claim is denied or your attorney and liable insurance companies cannot agree on settlement terms, your lawyer will:

  • File a nursing home abuse lawsuit
  • Enter the discovery phase with defense litigators
  • Prepare witnesses for deposition or trial
  • Cross-examine defense witnesses

A nursing home abuse lawyer will prove the four elements of negligence and liability to a judge and jury on your behalf. After deliberation, if you're awarded damages, your attorney will collect their contingency fee and issue you a settlement check. If your attorney cannot secure compensation, you don't owe them anything. Schedule a free consultation with a lawyer today.

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