Types Of Nursing Home Negligence

Nursing home negligence can take several forms. Different types of neglect can lead to different kinds of harm to nursing home residents. Some types of nursing home negligence include:

• Medical neglect: Medical neglect is a form of medical malpractice where care providers fail to treat a medical problem. These could include chronic conditions like diabetes, and shorter-term conditions like infections, bedsores, mobility issues, or other medical conditions. Residents of nursing homes are already vulnerable to medical problems, and failure to treat problems as they arise can result in serious and preventable harm.
• Neglect of basic needs: A person’s basic needs include things like safety, food, and water. A nursing home may fail to provide a safe environment, which can lead to falls and other accidents that cause injury. Failure to provide residents with enough food and water can lead to malnourishment and dehydration, which can become life-threatening in an already vulnerable population. 
• Neglect of hygiene: Nursing home residents have a right to be clean and well-kept. Failure on the part of the nursing home staff to help with bathing, oral hygiene, and doing laundry can cause residents to become soiled and unkempt. Poor personal hygiene can lead to an increased risk of infections and skin breakdown.
• Emotional neglect: Nursing home residents deserve to have their social and emotional needs met. When nursing home staff leave residents alone in their rooms, ignore requests for help, or prevent them from interacting with friends, they fail to meet the emotional needs of the residents. Nursing home residents with cognitive and memory problems are especially susceptible to harm from not having their social and emotional needs met. 
• Abandonment: Abandonment occurs when someone with custody of another person deserts them without regard for their needs. Although rare, when a nursing home or other care facility kicks out a resident for any reason without consulting with the resident’s family, it constitutes abandonment and is a serious offense. 

When a nursing home and its staff fail to meet any of these needs that residents have, they have committed neglect. Self-neglect can be an issue in care facilities as well. Self-neglect occurs when a more independent resident, such as a resident in an assisted living facility, fails to meet his or her own needs. Part of the responsibility of the care facility staff is to ensure that all the resident’s needs are being met, and they should therefore intervene to help the resident with needs he or she cannot meet on his or her own.

Common Examples Of Nursing Home Negligence

We see cases of nursing home negligence that arise from all different types of negligence. Some specific examples of negligence that can entitle you and your loved one to compensation include:

• Bedsores or pressure ulcers as a result of staff failure to reposition residents
• Falls from beds, wheelchairs, or other surfaces from failure to monitor the resident
• Entrapment in bedrails or other potential hazards
• Serious infections from a lack of timely treatment
• Malnutrition or dehydration from poor feeding or failure to notice dietary issues
• Medication errors

Any harm to a nursing home resident as a result of the nursing home staff’s failure to provide proper care and treatment can constitute negligence. If you think your loved one may have suffered as a result of nursing home negligence, speak with a nursing home negligence lawyer as soon as possible to determine whether you have a case that entitles you and your family to compensation.

What Is Nursing Home Abuse?

Nursing home negligence is a type of abuse that is not always the result of malicious intentions. There are other more sinister types of nursing home abuse which are more sinister in nature. Nursing home abuse is exploitative behavior against nursing home residents. Nursing home residents make easy targets for abusers because of their vulnerability and inability to defend themselves from abusers. Abusive behavior either causes harm to the victim or threatens harm to the victim. 

Types Of Nursing Home Abuse

Nursing home abuse can take several forms. These may look different, and the harm resulting from the various types of nursing home abuse will be different. Types of nursing home abuse can include: 

• Physical Abuse: Any intentional physical harm to the nursing home resident constitutes physical abuse. This could include hitting, pushing, slapping, punching, or improper use of restraints. Physical abuse results in visible injuries such as bruises, abrasions, fractures or broken bones, and other signs of bodily injury. 
• Verbal Abuse: Verbal abuse involves the use of language to cause harm. It can look like bullying and often involves the use of insults or threats. Verbal abuse can also involve harassing, scolding, and yelling. This type of verbal interaction is inappropriate between nursing home staff and residents and can cause serious emotional harm. 
• Emotional Abuse: Psychological or emotional abuse is very similar to verbal abuse. It often involves the use of demeaning language to put down another person. This can lead to psychological distress, anxiety, and trauma. 
• Sexual Abuse: Easy to define but not always easy to identify, sexual abuse is any non-consensual sexual contact between the nursing home staff and resident. Because of the unequal nature of the relationship between caregiver and resident, any sexual contact between the two is considered abuse. Sexual abuse diminishes the dignity of the victim and can cause psychological damage. 
• Financial Abuse: The unauthorized use of another person’s money or property for one’s own financial gain is considered financial abuse. In the case of nursing home abuse, someone with access to the money or financial accounts can steal cash, forge signatures, or otherwise misuse the resident’s financial account to take advantage of the resident’s lack of autonomy or understanding. 

Negligence and medical malpractice in a nursing home setting can also constitute nursing home abuse. It’s important to note also that abuse in a care facility doesn’t necessarily have to be perpetrated by staff. Other residents can perform abusive acts towards your loved one as well. It’s the responsibility of the nursing home to ensure that abuse doesn’t occur between residents. If you think your family member was the victim of abuse in a nursing home or other care facility, talk with a nursing home abuse lawyer to determine what compensation you’re entitled to. 

Signs Of Neglect Or Abuse

Nursing home abuse and neglect can be hard to catch when you’re not present to see the victimization in action. However, there are some signs that may indicate that neglect or abuse has occurred. Things to look out for include: 

• Significant weight loss
• Dehydration
• Disorientation
• Depression or isolation
• Unexplained mood changes
• Fear or anxiety
• Unexplained refusal or inability to communicate
• The presence of unjustified chemical or physical restraints
• Bedsores (also known as “pressure sores”, “pressure ulcers”, and “decubitus ulcers”)
• Skin rash
• Urine and/or feces odor

When you have a family member in a nursing home or care facility, involvement and awareness are key in preventing and detecting negligence and abuse. The presence of any of the above signs should prompt an investigation into the cause and any potential hazards to your family member’s well-being.

Common Reasons For Nursing Home Abuse And Neglect

Abuse and neglect can be the result of malicious intentions by individual nursing home staff members. There are also chronic issues within nursing homes and the healthcare system that can lead to abuse and neglect. These include:

• Understaffing: When a nursing home has a staffing shortage, the staff have less time and attention to give to each resident. This can lead to situations in which issues go unnoticed and lead to bigger health and safety problems. 
• Negligent Hiring: Perhaps because of chronic short-staffing in many nursing homes, care facilities may not always do their due diligence when hiring new staff members. The hiring process should include a thorough screening process. Otherwise, nursing homes may end up hiring individuals with a history of neglecting or abusing older adults in other care settings. 
• Lack of Training: When care facilities fail to properly train their staff and maintain proficiency in skills and knowledge, it can be easy for staff members to slip into harmful habits and patterns of behavior that are negligent or otherwise cause harm to residents. The care facility is responsible for ensuring that staff members’ certifications and training stay up to date and align with government standards and regulations. 
• Improper Supervision: Some staff members in nursing homes are required to hold state licenses. Others must only receive training and/or certification and require supervision by more qualified staff members. Staff who don’t have the proper supervision during their shift are more likely to act negligently.

Improper conditions that promote negligence or abuse are not an excuse for negligent or abusive behaviors. In fact, if a care facility is found to be willfully operating under these conditions, it can make your case against them even stronger. 

Nursing Home Laws

In Michigan, there are two laws that apply to nursing homes that protect residents from neglect and abuse. Michigan statute MCL 333.20201 states the Patient Bill of Rights for nursing home residents. Besides stating that residents must receive adequate care, this statute provides residents with protection from mental and physical abuse. 

Additionally, federal nursing home statutes apply nationwide. These state that nursing homes must maintain sufficient nursing staff and related care staff to maintain the highest physical, mental, and psychosocial well-being of each resident. They also require that the care of each resident is overseen by a physician and that arrangements allow for emergency physician services 24 hours a day. 

How To Report Incidents Of Abuse And Neglect

You can report concerns about abuse and neglect through the Michigan Department of Licensing and Regulatory Affairs (LARA). This could be a complaint about a specific staff member or against the nursing home. If warranted, a team will conduct an investigation into your complaints. You will be able to view the investigation report once the investigation is done. 

Suspected neglect or abuse can also be reported to Adult Protective Services (APS) who can conduct wellness checks and recommend further steps be taken. If you believe your family member is in danger of immediate and serious harm, contact local law enforcement to remove them to a safe location.

When Can You Sue A Nursing Home?

For a nursing home negligence or abuse case to be made, two things must be true:

1. The nursing home or a staff member acted negligently or performed abusive acts against the resident.
2. The negligence or abuse caused direct harm to the resident, either physically or emotionally.

In order to file a lawsuit against a nursing home for negligence or abuse, there must be an actual injury or harm that has come to the resident. Even if negligence has occurred, you cannot sue for something that “might have” happened. Families seeking to sue a nursing home for the injury or death of their loved one may be motivated to be financially compensated for medical costs associated with the injury, or they may wish to prevent a similar situation for other families in the future. 

Process For Filing A Nursing Home Negligence Claim

When you decide to sue a nursing home for causing harm to your family member through abuse or neglect, there are a number of steps you will go through. The legal process involves filing the correct paperwork with the appropriate parties, which can be confusing and overwhelming. A personal injury attorney will take the lead in your case and tell you exactly what you need to do as you work through your case. Steps for filing a nursing home negligence claim include:

1. Write a legal complaint. This document will include information such as an explanation of how your family member was hurt and how abuse or neglect led to the injury, the names of any parties involved in the incident, and any losses you want to recover, such as medical bills.
2. File a neglect lawsuit with the help of your attorney.
3. Begin the discovery phase, where information is gathered, shared, and reviewed.
4. Enter settlement negotiations with the nursing home. Your attorney will communicate with the other party to negotiate on your behalf and ensure you get a fair deal if you decide to settle.
5. Go to trial if you can’t reach a settlement. Your lawyer will argue the case on your behalf to ensure you get the compensation you deserve.

Lawsuits may take anywhere from months to years to come to a conclusion. A LegalGenius attorney will keep fighting for you until you receive a fair settlement. 

Statute Of Limitations For Nursing Home Negligence Cases

In Michigan, the statute of limitations for nursing home negligence and abuse cases is two years from the date of the injury. In cases where your family member has died, this timeline may be extended to as much as five years. However, it’s best not to wait to make your case. If you get too close to the deadline to file your case, you risk losing your legal rights, and you allow the guilty party to continue to put others at risk. Talk to a nursing home neglect and abuse lawyer as soon as possible. 

Damages That Can Be Recovered In Nursing Home Abuse Cases

Nursing home abuse and negligence cases can result in compensation for economic and non-economic damages. These can include:

• Cost of medical expenses for treatment of injuries
• Physical pain and suffering
• Emotional suffering and distress
• Loss of quality of life
• Scars and disfigurement

In addition, if your family member has died as a result of the neglect of abuse, your family may be able to collect damages for:

• Loss of companionship of your family member
• Suffering endured while they were alive
• Funeral and burial costs

A nursing home abuse lawyer will help you understand how damages are collected and what the value of your damages may be.