Nursing homes: they’re supposed to be places we take our loved ones, trusting they will be cared for and respected. What happens, though, when the facility we’ve chosen does not live up to that expectation? You need a nursing home litigation lawyer.
According to Nursing Home Abuse Justice, as many as 5,000,000 seniors are abused by caregivers annually, and as many as 24.3% of residents have experienced at least one instance of physical abuse while in a nursing home.
When it comes to nursing home litigation and caregiver abuse and neglect, you need a professional elder abuse lawyer who can help you understand your options and seek the compensation you and your loved ones deserve.
Contact Philip McGrady at McGrady Law to learn more.
When You Can Sue a Nursing Home for Negligence
Do you have a case for nursing home neglect? It can be challenging to tell. When it comes to nursing home litigation, there are many accidents, failures, and intentional abuses that can lead to a case. Here are a few examples of things that might qualify:
- A failure by staff to provide adequate medical treatment. The care should be aligned with the standard of care as it pertains to an individual’s unique condition. If poor care results in harm to a resident, there is likely a case for a medical malpractice lawsuit.
- Failure on the part of the nursing home staff to maintain a safe environment for residents. This includes keeping the grounds safe and reasonably free of dangers like tripping, slipping, and falling hazards. It also means maintaining a safe social environment and ensuring that residents are comfortable with and safe around one another.
- A lack of adequate supervision, which leads residents to sustain preventable injuries. A great example of this is falls, which could have been prevented through caregiver attention. Another example is the failure by staff to maintain suitable policies surrounding the safety and health of residents. If a nursing home is not sanitary, for example, and a resident sustains an infection, this is grounds for a lawsuit.
- Negligent or ill-advised hiring practices, which lead to the employment of a caregiver who neglects, abuses, or knowingly harms a patient. Nursing homes that fail to educate appropriately, train, or manage employees are often considered negligent.
The Most Common Signs of Nursing Home Neglect or Abuse
The signs that something isn’t right at a nursing home to include the following:
Pressure Ulcers and Pressure Sores
Pressure-induced skin and soft tissue injuries are localized areas of damage to the skin and/or underlying tissue usually over a bony prominence. The clinical staging that guides treatment of pressure-induced skin and soft tissue injuries are an important factor in nursing home negligence cases.
Malnutrition & Dehydration
A senior who is experiencing malnutrition and dehydration may not be receiving the care he or she needs. Over time, malnutrition and dehydration can become deadly.
Signs of this kind of elder abuse include sudden weight loss, pain in the bones and joints, and changes in the quality and appearance of a person’s skin, hair, fingernails, and color.
Emotional or Sexual Abuse
Emotional and sexual abuse are two of the most common causes of nursing home litigation cases.
While every situation is different, common signs of emotional and sexual abuse may include sudden anxiety or depression, fear, anger, or other negative feelings toward staff, social isolation, intense shame or secrecy, and low-self esteem. There may also be physical symptoms, including bruising on the breasts, thighs, or genital areas, bleeding, infections, or STDs.
Physical Bruises and Sores
Short of broken bones, bruises and sores are a common sign of abuse. Physical symptoms may take the form of bruising beneath the skin, cuts, scrapes, and more. Bedsores, as mentioned above, are also a common sign of abuse. Bedsores can vary in severity, but symptoms typically include discoloration or breaking of the skin and missing layers of skin.
Sudden Financial Difficulties
Sometimes, nursing home abuse takes the form of financial manipulation or abuse. Signs of financial exploitation include nursing home staff members who forge an elder’s signature on relevant documents or blatant theft of cash or other valuables.
According to a 2018 survey conducted by private contractors, 52 of 99 VA nursing homes throughout the country featured deficiencies that caused actual harm to veterans. Signs of veteran abuse may include physical and mental abuse, verbal and emotional abuse, medication tampering, and more.
Bone Fractures & Breaks
Bone fractures and breaks are common symptoms of elder abuse that turns physical. Family members that notice fractures bruising, limping or other signs of physical pain in a loved one should seek representation immediately. Sepsis and other severe infections are also a reliable sign of nursing home neglect.
Sometimes, falls in a nursing home come from blatant caregiver abuse – caregivers who push or shove seniors. In other cases, falls can be caused by negligence. Caregivers and nursing home employees are required by law to maintain the grounds of a care facility, removing potential hazards and ensuring the safety of their residents. If a facility fails to do this, there may be grounds for nursing home litigation.
Seniors affected by dementia or Alzheimer’s may wander. In well-managed care facilities, staff will have a wandering plan in place to keep the elderly safe. If there is no plan like this in place, though, it may indicate a negligent nursing home situation.
Poor Hygiene in Seniors
Common signs of neglect may include seniors who wear the same clothing and change infrequently, bad smells in and around the senior’s room, old messes that do not get cleaned up, dirty surfaces, the presence of pests, and more.
Medication errors sometimes happen, regardless of how qualified a caregiver is. In some cases, though, medication errors can be a sign of neglect or abuse. Symptoms to watch for include drastic changes in the mood or behavior of a senior, unexplained physical change (including weight gain or loss), and confusion.
Why Hire a Montana Nursing Home Neglect Lawyer for Nursing Home Litigation?
Why should you hire Philip McGrady for your nursing home litigation case?
- These cases can be challenging to try. Proving negligence requires the assistance of a skilled attorney who understands nursing home practices and how to navigate the court systems.
- An attorney will limit emotional strain. These are troubling cases. A medical malpractice attorney can take some of the legwork off of you and your family and help you heal.
- Increased chance of success. Navigating the court system on your own is tough. A professional attorney will help increase your chances of obtaining the settlement you want.
- An attorney will help you work in a limited timeframe. Statutes of limitations exist in Montana. A skilled attorney understands the ticking clock and will help you secure representation within the allotted period.
Contact Philip McGrady – a Local Nursing Home Abuse and Neglect Lawyer – Today
Contact McGrady Law today for a free consult – don’t wait. We’ll help you see your nursing home litigation through – no matter where in MT you’re located.