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Have You or a Loved One Suffered From Abuse in a Nursing Home?
Goldberg & Loren are experienced nursing home abuse lawyers who can help you seek justice for the mistreatment you or your loved one have suffered. With years of experience fighting for victims of nursing home abuse, they have the knowledge and compassion to handle your case with care and empathy.
You deserve justice for the harm you’ve endured in the nursing home. By working with Goldberg & Loren, you can hold those responsible accountable for their actions and seek compensation for damages. You can finally find closure and move on from the trauma of the abuse.
Contact Goldberg & Loren today to schedule a free consultation and take the first step towards seeking justice for nursing home abuse. Don’t suffer in silence any longer, let them help you.
What is Nursing Home Abuse?
Nursing home abuse refers to any intentional or unintentional actions by a caregiver or staff member at a nursing home that results in harm, injury, or suffering to a resident.
This can include physical abuse, emotional or psychological abuse, sexual abuse, neglect, and financial exploitation. Legislatures in all 50 states have passed some form of elder abuse prevention laws. [1]
Nursing home abuse is a widespread problem, often occurring when residents are vulnerable and dependent on their caregivers for their basic needs.
Goldberg & Loren understand the devastating impact nursing home abuse can have on individuals and their families, and strive to hold responsible parties accountable for their actions.
Our attorneys are skilled in investigating abuse claims, negotiating with insurance companies, and providing representation in court to obtain maximum compensation.
Signs and Symptoms of Abuse
Families and loved ones should be aware of the signs of nursing home abuse. These may include:
- Physical injuries: Unexplained bruises, cuts, broken bones, or burns
- Emotional changes: Sudden mood swings, withdrawal, depression, anxiety, or fear
- Neglect: Poor hygiene, malnutrition, dehydration, or untreated medical conditions
- Sexual abuse: Unexplained STDs, vaginal or anal bleeding, or torn clothing
- Financial exploitation: Missing money, valuables, or unauthorized changes to a resident's will or trust
Some other signs of abuse are:
- Bedsores or pressure ulcers
- Excessive use of restraints
- Overmedicating
- Poor living conditions or unkempt facilities
- Staff members who are unresponsive, dismissive, or unwilling to answer questions
- Unexplained or sudden weight loss
If you suspect that a loved one may be suffering from nursing home abuse, it is important to speak up and report your concerns immediately. Contact Goldberg & Loren to see if you have a case.
Factors That Increase the Likelihood of Nursing Home Abuse.
Factors for abuse include:
- Staffing levels: When nursing homes are understaffed, caregivers may feel overwhelmed and stressed, which can lead to mistakes and neglect.
- Staff turnover: Facility staff turnover can result in a lack of continuity of care in nursing homes and an insufficient level of training for new staff.
- Resident population: Some nursing homes may have residents with higher levels of physical or cognitive impairments, which can make them more vulnerable to a lower standard of care.
- Poor management and supervision: Ineffective management can result in inadequate resources, supervision, or staff training, which can increase the risk of abuse or neglect occurring.
- Mental health issues: Caregivers who suffer from mental illness, depression, anxiety, or substance abuse may be more prone to abuse of residents.
- Lack of awareness: Many individuals may not be aware of the signs and symptoms of nursing home abuse or may feel powerless to intervene.
- Financial pressures: For-profit nursing homes may prioritize financial gain over the resident quality of care, leading to inadequate staffing and poor level of care.
Nursing home abuse affects thousands of families each year. In 2020 alone, over 15,000 complaints about abuse and neglect were filed with nursing home ombudsmen. [2]
Understanding these risk factors can help families and loved ones make informed decisions when selecting a nursing home for their loved one, and can also assist in identifying and addressing potential issues before they lead to abuse or neglect.
Types of Abuse in Nursing Homes
Physical Abuse
Physical abuse in nursing homes is a serious and unfortunately common problem. This type of abuse can involve any type of physical harm or violence inflicted on a nursing home resident by staff members, fellow residents, or visitors.
Physical incidents of abuse can range from minor injuries such as bruises or cuts to serious injuries such as broken bones and head trauma.
The signs of physical abuse in a nursing home can be both physical and behavioral.
Some physical signs may include:
- Burns or other forms of trauma
- Cuts or broken bones
- Restraint marks
- Unexplained bruises
Behavioral signs may include residents who seem withdrawn or avoid interacting with certain caregivers, a change in appetite or sleep patterns, and even a reluctance to speak with family or friends.
Understaffing, inadequate training and poor management can all contribute to scenarios where residents in nursing homes may be at risk of physical abuse.
Caregiver stress is also a common factor in abusive behavior, particularly when caregivers lack the necessary support or coping mechanisms to handle their work-related stress.
Reporting requirements state that abuse of residents must be reported by law. This is not only important for the safety of the affected individual but also for the safety of other residents who may be at risk.
Rates of abuse of older people are high in institutions such as nursing homes and long-term care facilities, with 2 out of 3 staff reporting that they have committed abuse in the past year. [3]
Emotional Abuse
Emotional abuse in nursing homes is an often overlooked but serious problem that can have long-term effects on a resident’s mental and physical health.
It can be caused by staff members, other residents, or even family members. It can be more difficult to detect emotional abuse because it often leaves no physical evidence of abuse.
Emotional abuse can take many forms, such as verbal abuse, intimidation, threats, scapegoating, or even neglecting a resident’s emotional needs.
Some signs and symptoms of emotional abuse in a nursing facility include:
- Unexplained changes in behavior such as depression, anxiety, or withdrawal from activities they once enjoyed.
- Personalized attacks on a senior's self-esteem including negative comments about their appearance, abilities, or accomplishments.
- Belittling, which involves treating a resident as though they are inferior or insignificant.
- Threatening to withhold care or medications or threatening physical harm.
- Verbal abuse which involves using language that is hurtful, offensive, or demeaning to a nursing home resident. Examples of verbal abuse include yelling, screaming, or using profanity directed at the resident.
At Goldberg & Loren, our attorneys are well-versed in the legal issues related to emotional abuse in nursing homes. We believe that any form of abuse should not be tolerated and are committed to advocating for our client’s rights.
We work to hold staff members and other responsible parties accountable for their actions and to secure compensation for the harm that has been inflicted on our clients.
Our team of attorneys at Goldberg & Loren is here to help you through this difficult time and to help you get the justice you deserve. Contact us today to learn more about how we can assist you in protecting your loved one’s rights and well-being.
One study shows 60% of caregivers had been verbally abusive to the person for whom they were providing care.
Between 5 and 10% of caregivers reported that they were physically abusive toward the care recipients.
Fourteen percent of caregivers reported that they were neglectful. [4]
Sexual Abuse
As a form of nursing home abuse, sexual abuse can include any type of sexual activity that occurs without the resident’s consent, including unwanted touching, sexual assault, or rape.
Sexual abuse can be perpetrated by staff members, other residents, or even visitors. It can be a particularly difficult form of abuse to detect, as victims may be too embarrassed to report the abuse or may have difficulty expressing themselves.
Allegations of abuse can be further complicated if a cognitive diagnosis is in play. At Goldberg & Loren, our attorneys are experienced in handling sexual abuse cases in nursing homes. We look into investigations of abuse and gather evidence for personal injury lawsuits. We believe that nursing homes have a responsibility to protect their residents from all forms of abuse, including sexual abuse.
If a resident has been sexually abused, our attorneys will work tirelessly to hold responsible parties accountable and to ensure that the victim receives the support and compensation they deserve.
Sexual abuse is a crime, and any nursing home staff member found guilty of this type of abuse could face serious legal consequences, including jail time and fines. Nursing homes themselves can be held liable for harm caused to residents by their staff, and the victim may be entitled to compensation for damages like pain and suffering, medical expenses, and more.
Our nursing home abuse attorneys at Goldberg & Loren are here to help you navigate this difficult process and to provide the legal representation you need to protect your loved one’s rights and well-being.
Neglect
Neglect involves failing to provide adequate care to a nursing home resident, which can lead to numerous medical and emotional problems.
Common forms of include failing to provide:
- Adequate food
- Failing to maintain a clean and safe living environment (including turning immobile patients)
- Medications
- Water
Nursing home neglect can have a number of consequences, including dehydration, malnutrition, bed sores, infections, and death.
Neglected residents often experience emotional and psychological distress, such as depression, anxiety, and social isolation.
Factors that can contribute to neglect in nursing homes include understaffing, training deficiencies, and inadequate policies and procedures to monitor and prevent neglect.
Legal action may be necessary to hold the nursing home accountable for the harm its negligence has caused. The attorneys at Goldberg & Loren have experience handling cases of neglect in nursing homes and are committed to obtaining justice for residents and their families.
They can assist in investigating claims, collecting evidence, and advocating for the rights of their clients.
Financial Abuse
Financial exploitation in nursing homes is a type of abuse in which a caregiver or staff member uses their access to a resident’s financial documents or assets without consent for personal gain.
This could include stealing money or belongings, forging signatures on checks or legal documents, or misusing credit cards.
Financial exploitation can go unnoticed for an extended period, as residents may be unaware that their funds or assets are being misused.
There are several reasons why financial exploitation occurs in nursing homes.
Caregiver stress and financial difficulties are both common factors that can lead staff members to resort to unethical, illegal, or aggressive behaviors.
Residents who may be suffering from cognitive or physical impairments may have difficulty understanding or managing their finances, which can make them an easy target for financial exploitation.
Our attorneys at Goldberg & Loren can assist you in protecting your loved one’s rights and recovering losses incurred as a result of financial exploitation.
We believe that everyone deserves to be treated with respect and dignity, and we are committed to fighting for justice on behalf of those who have been wronged in nursing homes.
The Ombudsman program advocates for residents of nursing homes, and other similar adult care facilities. Ombudsman programs work to resolve problems individual residents face and effect change at the local, state, and national levels to improve the quality of life and care for all individuals receiving long-term care. [5]
Nursing home abuse lawsuits are personal injury claims, and state statutes of limitations apply to these types of cases. An abuse lawsuit must be filed within the statute of limitations or the claim will be time-barred and unable to be brought forward. The time limit for making a claim varies by state but is usually between two years and four years from the time the abuse occurred or from the time the abuse was discovered or should have been discovered. [6]
Compensation From Nursing Home Abuse
Compensation may include damages for medical expenses related to the abuse or neglect, pain and suffering, emotional distress, and potentially, punitive damages.
- Medical expenses: Any medical expenses related to the abuse or neglect may be compensated, including bills for medical treatment, diagnostic tests, physical therapy, and rehabilitation.
- Pain and suffering: Victims of nursing home abuse or neglect may experience physical or emotional pain and suffering. Damages for pain and suffering may include compensation for the victim's physical and emotional trauma, including depression, anxiety, and fear.
- Emotional distress: Emotional distress damages may be awarded to victims of nursing home abuse or neglect for the emotional trauma caused by the abuse or neglect. This may include damages for the physical manifestations of emotional distress, such as sleep disturbances and loss of appetite.
- Punitive damages: In cases where the abuse or neglect was particularly egregious, punitive damages may be awarded. Punitive damages are designed to punish the abuser and to act as a deterrent to future abuse.
If you are considering pursuing a claim for nursing home abuse or neglect, speak with an experienced attorney at Goldberg & Loren who can help evaluate your case and determine what damages you may be entitled to receive.
Examples:
Two nursing homes were shut down in Louisville, Kentucky. The Kentucky Division of Healthcare discovered elder abuse, grotesque living conditions, medical malpractice, and more over the course of several visits from September 2022 to May 2023, according to officials. [7]
In one case, a staff member at a nursing home reportedly told a resident that if she didn’t go to bed against her wishes, “I won’t help you during the night shift.” A separate resident’s family was told, “You better not call state (regulatory services), or it will be worse for the residents.” [8]
Have you or a loved one been a victim of abuse or neglect in a nursing home?
You deserve justice and compensation for the harm that has been inflicted upon you or your loved one. Goldberg & Loren are experienced nursing home abuse lawyers who can help you navigate this difficult situation and fight for your rights.
With our law firm on your side, you can feel confident that your nursing home abuse case will be handled with compassion, expertise, and dedication. They will work tirelessly to hold the nursing home accountable for their actions and ensure that you receive the compensation and closure you deserve.
Call or contact Goldberg & Loren today to schedule a consultation and take the first step toward getting the justice you deserve.
Sources:
[1] What is Elder Abuse? | ACL Administration for Community Living. (n.d.). https://acl.gov/programs/elder-justice/what-elder-abuse
[2] Nursing Home Abuse Statistics | Get the Facts You Need. (2023, May 12). NursingHomeAbuse.org. https://www.nursinghomeabuse.org/nursing-home-abuse/statistics/
[3] Abuse of older people. (2022, June 13). https://www.who.int/news-room/fact-sheets/detail/abuse-of-older-people
[4] Index | Center of Excellence on Elder Abuse & Neglect | University of California, Irvine. (2022, November 2). https://www.centeronelderabuse.org
[5] National Consumer Voice. (n.d.). https://ltcombudsman.org/about/about-ombudsman
[6] Bieber, C. (2023, January 12). Nursing Home Abuse Lawsuit Guide 2023. Forbes Advisor. https://www.forbes.com/advisor/legal/personal-injury/nursing-home-abuse-lawsuit/
[7] Staff, W. (2023, June 20). 2 Louisville nursing homes to permanently shut down after discoveries of abuse, other findings – WNKY News 40 Television. WNKY News 40 Television. https://www.wnky.com/2-louisville-nursing-homes-to-permanently-shut-down-after-discoveries-of-abuse-other-findings/
[8] Shapero, J. (2023, June 16). The Hill. The Hill. https://thehill.com/policy/healthcare/4054063-nursing-home-residents-reluctant-to-voice-concerns-report-abuse-or-neglect-for-fear-of-retaliation-survey/
If you or a family member has been the victim of abuse in a facility we may be able to help get you protected, get you compensated and to protect your rights in holding those who have harmed you accountable.
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