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Nursing homes and other residential care facilities are supposed to be safe places where your aging or disabled loved ones can get the extra attention and support they need. Unfortunately, that care isn’t always what you should be able to expect. When you’re considering moving a family member into a nursing home or other facility, it’s important to do your research. It’s equally important to keep a close eye on your loved one’s condition while they’re in the facility and act quickly if you have concerns. 

If your family member has been neglected or abused in a nursing home or other residential setting, an experienced nursing home abuse and neglect attorney like Frank Hartman at The Hartman Law Firm can help. To schedule a free consultation, call 843-300-7600 right now, or fill out our contact form. 

Types of Nursing Home Abuse and Neglect

Nursing home abuse and neglect can take many different forms. Some of the most common include: 

  • Insufficient fall protection
  • Inadequate nutrition or hydration
  • Failing to monitor medical condition and arrange medical attention
  • Failing to identify and treat bedsores
  • Physical abuse by staff members
  • Verbal/psychological abuse by staff members
  • Failure to prevent abuse by other residents

Because nursing home residents are typically medically vulnerable, undetected neglect or abuse can have catastrophic results. For example, bedsores might not sound serious, but left untreated they can lead to amputation, or even be fatal. Even dehydration can be fatal when it is extreme, and more moderate dehydration can mean worse medical outcomes for other illnesses or conditions.

These and other types of abuse and neglect may happen because: 

  • The facility lacks appropriate policies and procedures: for example, a resident may fall because a facility doesn’t have an established protocol for getting residents who need assistance out of bed in the morning
  • The facility doesn’t exercise appropriate care in hiring staff: for example, the facility fails to conduct a background check or ignores the content of the report and hires a staff member with a history of resident abuse
  • The facility doesn’t provide sufficient training and supervision to staff: for example, the facility does have a written protocol for getting residents out of bed, but new CNAs are not provided with instruction on the process
  • The facility itself is poorly maintained: for example, residents may suffer harm if call buttons aren’t working properly, if bed rails are loose, or if walking surfaces are not stable and clear of obstacles
  • The facility is understaffed: for example, a resident may be endangered if lack of staffing means it takes too long to answer an urgent call light or a staff member is too rushed in assisting a resident

Of course, this list is not comprehensive. These are just some of the most common reasons nursing home residents don’t get the care they deserve, or are abused by staff members or other residents. 

Preventing Nursing Home Abuse and Neglect

The first line of defense against nursing home neglect or abuse is to thoroughly vet a facility you are considering. That means visiting the facility and doing research on their history and ratings. Medicare’s website is a good starting point–the site offers rating information in many areas, including inspections of the property, staffing and other quality measures.

When you visit a facility, pay attention to things like: 

  • Cleanliness
  • How staff interacts with residents
  • The food being served
  • The condition of residents you see
  • Whether the residents are engaged in activities
  • The number of staff members on duty and how long it takes them to respond when a resident puts on their call light

You’ll also want to ask specific questions about staffing, activities, safety measures for any issues affecting your family member such as confusion or balance problems and how often residents see a physician.

Once your family member is in a nursing home, stay alert for signs of abuse or neglect. Some signs are more obvious, but there are also some signals that you might not automatically connect to their treatment at the facility. Common signs include: 

  • Signs of anxiety or withdrawal
  • Fatigue
  • Depression
  • Trouble sleeping
  • Unexpected weight loss
  • Unexpected cognitive decline
  • Bruises or lacerations
  • Marks from restraints
  • Decline in hygiene
  • Untreated bedsores

Liability for Nursing Home Abuse or Neglect

If a loved one has been harmed or has passed away due to abuse or neglect in a nursing home or other residential facility, the facility may be liable for damages. Compensation in a nursing home neglect case can help transition the resident to a more appropriate setting, cover any medical or other expenses associated with the abuse or neglect, and even compensate the resident for the physical and emotional suffering they’ve endured. 

The best source of information about whether you have a claim, who can bring the claim, and what type of claim you may have is an experienced Charleston nursing home neglect lawyer. Don’t delay getting the help you need–schedule your free consultation right now.

 

Nursing Home Abuse Attorney FAQs

What does a Charleston nursing home abuse attorney do to protect residents’ rights?

A nursing home injury attorney can help a nursing home resident and their family regain control by investigating the circumstances that harmed the resident and filing a claim or lawsuit. A lawsuit against the nursing home holds the negligent parties responsible and provides an incentive for the facility to provide better care to residents who remain in the facility. It can also provide the resources the resident needs to make better arrangements for the future, such as moving to another facility or paying for care at home.

What is considered negligence in a nursing home?

A nursing home can be found negligent any time they fail to live up to their responsibilities to the resident. That neglect can take many forms, including things like:

  • Failure to provide adequate nutrition or hydration
  • Falls due to inadequate supervision, lack of bedrails and other safety measures, or faulty equipment
  • Failure to establish clear and appropriate policies for resident care
  • Failure to adequately train nursing home staff
  • Unsafe conditions, such as slippery floors

This is far from an exhaustive list. The best way to find out whether you may have a negligence claim is to contact an experienced Charleston injury lawyer with extensive knowledge and expertise in nursing home negligence cases.

What are common signs of nursing home abuse or neglect families should watch for?

Abuse or neglect may be reflected in many ways. Some common things to look out for include:

  • Deteriorating hygiene
  • New or worsening anxiety, depression or withdrawal
  • Unexplained bruises or abrasions
  • Rapid cognitive changes
  • Marks suggesting that restraints have been used
  • The resident shying away from or shutting down with certain staff members
  • Untreated bedsores

If you have any doubts, err on the side of caution and investigate. Nursing home abuse and neglect can be a serious threat to residents’ health and can even be life-threatening.

What types of injuries can a nursing home injury attorney help with?

A nursing home injury attorney can address any type of injury or medical condition that results from neglect or abuse in the facility, including abuse perpetrated by another resident. Whether your loved one has fallen because they weren’t properly attended to or has infected bedsores because they weren’t properly treated or has been struck or otherwise hurt by a staff member, you owe it to your family member to get help.

What are examples of malpractice in nursing homes?

Some examples of malpractice events that occur in nursing homes include:

  • Untreated bedsores (pressure ulcers)
  • Failure to administer medications
  • Administering the wrong medication
  • Failure to notice signs of illness or infection
How can a lawyer for nursing home neglect prove that abuse or negligence occurred?

When you hire a lawyer for nursing home neglect, they will look for ways in which the nursing home didn’t live up to state or federal requirements or the nursing home’s own internal policies. They will investigate the cause of the harm to your loved one, gather evidence and, in some cases, hire expert witnesses to assess the facility’s actions and identify the ways in which they did not live up to their obligations.

What compensation can families pursue in a nursing home abuse case?

The compensation available in a nursing home abuse case will depend on the injuries or other harm the resident sustained. If the resident is alive, they would be the plaintiff in a lawsuit against the nursing home, and any damages would be payable to them or to a guardian for their benefit.

Those damages might include medical expenses caused by the neglect, other costs triggered by the nursing home’s actions or failures to act, and even compensation for pain and suffering.

If the resident passes away as a result of the negligence, the executor of the estate may bring a wrongful death claim on behalf of the family, and a survival action to recover damages the resident would have been entitled to on behalf of the estate.

An experienced lawyer for nursing home neglect can explain the specific options in your case during your free consultation.

When should I contact a nursing home lawyer if I suspect neglect or abuse?

If you are questioning whether or not you need to contact a Charleston nursing home abuse attorney, the answer is probably yes. Many people hold back when they believe a loved one is being harmed by nursing home neglect or abuse because they are unsure about exactly what is happening, or because they are concerned about how complaining may impact their family member’s care.

The impact of nursing home abuse and neglect can be devastating for the resident, so you shouldn’t hesitate to investigate if you believe something is wrong. The Hartman Law Firm offers free consultations, so you have nothing to lose by contacting an attorney to get more information about your rights.

How do I choose the right Charleston nursing home abuse attorney for my case?

When you’re looking for a nursing home lawyer for your loved one, some key things you should look for include:

  • Experience with cases like yours–a nursing home abuse or neglect case is different from other types of negligence cases, such as car accidents
  • Compassion–a nursing home case can be difficult and emotional for everyone involved, especially the elderly resident
  • Good reviews–no one can tell you more about what it’s like to work with an attorney than the clients who have relied on them in the past
  • Trial experience–most cases settle, but your attorney’s willingness and ability to try the case if necessary can have a significant impact on the outcome of your case
Is it expensive to hire a Charleston nursing home abuse attorney?

Most nursing home abuse and neglect cases–like many other negligence cases–are handled on a contingency fee basis. That means that the attorney doesn’t charge any fees unless and until they either settle your case or win your case at trial. Then, fees are based on a percentage of your settlement or award.

When you hire a nursing home injury attorney, they will explain the fee system in detail, including how costs of litigation will be handled.

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