Nursing Home Abuse and Neglect Cases: Justice for the Elderly
Types of abuse and neglect, how to spot symptoms, and solutions that will help you win more cases.
When a family member or friend is placed in a nursing home, it is the expectation that their loved one will receive adequate care and attention. The facility itself takes on the responsibility of caring for that person appropriately. There are instances when elderly people in assisted living facilities are abused or neglected by those who have been tasked with keeping them safe. What are common types of abuse and signs to be concerned about? When a case is filed, what is the best method for presenting the facts about the circumstances in order to have the best possible outcome for the person abused and their families?
According to the National Center on Elder Abuse, approximately 10% of elderly people suffer from some form of abuse, including psychological, verbal, sexual, physical, neglect, or financial exploitation. A case study from the World Health Organization suggests that shockingly only 1 in 24 of elderly abuse cases are filed. Sadly, it is fairly common for the elderly to be abused or neglected. When this occurs, the individuals affected should be compensated fairly for their damages.
Nursing home abuse is considered a form of malpractice, and is difficult to prove because some patients lack the verbal or physical ability to detail what happened to them. These cases have to prove substantiation: there must be concrete evidence that the nursing facility’s actions were the direct cause of suffering for your client. Usually, expert testimony is not enough to substantiate this claim.
Since the burden of proof is placed upon the plaintiff, it is important that before pursuing a claim the following information is obtained:
● Proof of negligence
● Witnesses and documentation
● Medical records
● A list of any additional names or information that will strengthen your argument
Additionally, examine the contract the patient and nursing home facility signed to ensure that there is a clause in the contract that states the nursing home was legally contracted to provide care. If a patient was abused by a caregiver, that means the nursing home is in breach of their contract. Sometimes, nursing home facilities have a section in the contract about the maximum compensation a patient will receive if there is a breach-of-contract lawsuit.
Neglect vs. abuse
There are subtle differences between abuse and negligence cases. In abuse cases, the perpetrator’s actions caused physical or psychological harm to the patient. In negligence cases, harm was done to the patient because of inadequate care or ignorance. However, neglect can be seen as abuse if the neglect was done intentionally (i.e. purposefully not prescribing medicine, not feeding the patient, etc.). Distinguishing the difference between abuse and neglect is important when creating your argument, and whether you will file a civil or criminal lawsuit, or even both. Nursing home abuse can be a criminal or civil case, and nursing home neglect cases are usually civil cases. In the list below, we further break down the difference between neglect and negligence.
When presenting your claim in mediation or in trial, visual examples or presentations that you and your expert can speak to will go the extra mile in showing your client's pain and suffering, helping you connect further with your audience. Here are some of the most common types of nursing home neglect or abuse, and what to look for in these types of cases:
Psychological abuse
Mental or psychological abuse can be difficult to recognize, because although they leave no physical marks the damage is still extremely dangerous and long-lasting. This harm can occur when an elderly person is berated or ridiculed, ignored, isolated, threatened, or suffers from any other type of verbal or mental abuse.
Elderly patients may not be able to communicate this type of abuse. However, your client may display some or all of these symptoms: paranoia, confusion, depression, anxiety, inhibited speech, and other degenerative behaviors. An effective way to portray the decline in mental health of a client is to use a well-designed visual timeline that compares a person's behavior before and after a certain point in time. Financial exploitation or manipulation is another form of psychological abuse.
Physical abuse
Unfortunately one of the most common types of abuse in many nursing homes, residents in certain instances have reported being physically pushed, punched, slapped, or even kicked. Bone fractures, bruising, lacerations or lesions on the skin are obvious outward signs, however a change in behavior or personality is also a big indicator since these signs can easily be hidden. If the patient becomes more reserved or anxious when a certain caretaker is in the room, it can be evidence that abuse is occuring.
Using a medical illustration is a simple and effective method for demonstrating the weight of this type of abuse, and customizing the image with an experienced understanding of physiology and review of a medical professional combined with client likeness will take that visual even further. Even if you are not presenting to a jury, having visuals that convey the pain your client went through will show the defense that you are ready to go to trial. A medical illustration is effective in showing abuse, as it magnifies and clarifies the damages done to your client.
Abusive neglect
Proving abusive neglect can be hard as the nursing home facility can claim that it was simply an accident, and not a malicious act. Abusive neglect can also be mistaken for self-neglect, where a person doesn’t bathe or feed themselves because of their mental state and refuses to be helped. Nursing homes can feign ignorance or claim self-neglect, but if you suspect that your client is suffering from abusive neglect look for patterns, and ask questions such as:
● Have there been other cases like this in your client’s facility with the same caretaker?
● Have there been multiple reported incidents where the caretaker hasn’t fed, bathed, or medicated your client?
● Have there been complaints about the maintenance of the facility that were never addressed or fixed?
General negligence
Basic routines and general hygiene can be difficult for elderly people placed in assisted living facilities, however these homes are filled with staff members whose job it is to help. Residents need to be attended to and checked on regularly, be provided with adequate nutrition and dietary requirements, helped with bathing or using the bathroom, and given proper medications on the correct schedule as established by their doctor. Neglecting to fulfill these duties leaves the resident helpless and mentally unstable, depressed, stressed, and feeling uncared for or abandoned. Negligence can also lead to physical injuries such as bedsores, and can even cause more serious issues if medications are not administered properly.
Inadequate facility maintenance, leading to falls
Although not all falls are preventable, there are a number of additional steps that need to be taken by the management of nursing home facilities to ensure that residents are safe. If a wet floor or spill is not marked or taken care of quickly, a slip and fall injury may occur. Neglected building repairs, inadequate fall prevention equipment, and uncompleted fall risk assessments can lead to dangerous and preventable injuries.
Neglected clean-up indoors or improper outdoor maintenance (like clearing snow and ice), is a common way for an elderly patient to suffer a personal injury.
Gathering the best solutions for your case and your client
The fundamental purpose of a nursing home is to keep the residents safe, and many fail to do so. There has been a 75% increase in the amount of nursing abuse or neglect cases from 2003 to 2016, but the report percentage remains the same. Abuse or neglect cases are under-reported and when a victim speaks up, justice should be served. Your client may not be able to communicate what they are feeling, but the story you create with visuals will.
Visual solutions are key to your success
Humans are visual creatures who will retain and digest information easier with the use of visual aids. You need to have an argument that is succinct, understandable, and memorable; which is where expertly-designed graphics come into play. Complicated explanations or handouts will not help the jury empathize with your client, but visuals will. Using a graphic, animation, or timeline will put the jury or mediator in your client’s shoes and make them feel the pain your client experienced.
For more information, contact Darlene@highimpact.com.