Cleveland Nursing Home Abuse Lawyer

What is Nursing Home Abuse?

Nursing home abuse, also sometimes referred to as nursing home malpractice, can look like a lot of different things. In a nutshell, this type of elder abuse occurs when nursing home employees and staff members of long-term, skilled nursing facilities cause harm to their residents. This harm may be intentional or unintentional, physical or mental, and done through malice, greed, or for any other number of reasons. If the actions of staff members at assisted living facilities cause elderly residents to suffer, it is considered nursing home abuse.

If you have reason to believe your loved one is a victim of elderly abuse or neglect, please call our experienced nursing home abuse attorneys at Joseph Law Group right away. We will thoroughly investigate your claim and make sure that your loved one is properly compensated for the harm that they experienced.

Nursing Home Abuse vs. Nursing Home Neglect

The main difference between nursing home abuse and nursing home neglect is the intent and action (or inaction) taken by employees and staff. Typically, with nursing home neglect, the intent is not to cause direct harm to the patient. Rather, it occurs when a patient is overlooked and does not receive the proper care or attention they need to remain safe and healthy. While abuse may be classified as an action taken by a staff member to harm or exploit an elderly patient, neglect refers more to a lack of action that leads to inevitable harm.

Nursing home staff have a legal duty to provide a reasonable standard of care to their patients, which means they are required to routinely monitor and care for them. Administering prescribed medications, providing food and drink, maintaining their hygiene, and ensuring they receive proper medical care are all part of this duty. Failure to uphold this standard can be detrimental to the health and well-being of the patient.

Although nursing home neglect does not involve physically abusive behavior or actionable violence, it is still just as harmful to those nursing home residents who experience it. Both abuse and neglect can lead to new or worsening injuries/conditions, mobility issues, rapidly declining health, and even wrongful death. In either case, it is important that victims and their families equip the help of skilled elder abuse attorneys to ensure justice is delivered.

Types of Elder Abuse

Elder abuse in nursing homes can come in many different forms. Some of the most common types of elder abuse include physical abuse, emotional abuse, sexual abuse, financial abuse, and neglect.

Neglect 

As we briefly mentioned earlier, nursing home negligence occurs when a staff member fails to provide proper care to a nursing home resident. There are a number of ways in which elder neglect may occur, including:

• Neglect of basic needs – This type of neglect occurs when nursing home residents do not receive proper nutrition. Facilities must provide patients with the appropriate amount of food and water as well as keep their environment safe and clean.

• Neglect of hygiene – In addition to keeping the environment clean, it is imperative for nursing home staff to maintain the hygiene of their residents. Many patients are unable to properly bathe or clean themselves, so it is the responsibility of nursing homes to ensure each resident maintains good hygiene.

• Medical negligence – Most residents in nursing home facilities require frequent medical care and treatment. This includes taking the proper medications, treating infections, preventing worsening conditions, encouraging movement and mobility, and overall providing adequate healthcare services. Things like medication errors and failure to monitor an infection can be harmful, even fatal, for the patient.

• Abandonment – Abandonment occurs when residents are deserted by staff members and left to care for themselves.

• Social neglect – A nursing home patient may be socially neglected when they are denied access to visiting with family members, friends, or other residents. This type of social isolation can lead to serious mental distress for the victims.

Physical Abuse

It is a terrible thing to think about, but unfortunately, physical abuse in nursing homes does happen. Physical abuse occurs when a nursing home staff member intentionally inflicts physical pain on the victim. This may be anything from pushing to kicking, slapping, squeezing, or even punching or biting. Unexplained bruising, broken bones, cuts, and abrasions are common indicators that an elderly person is being physically abused.

Emotional Abuse

Taunting, name-calling, cursing, yelling, mocking, and manipulation are all examples of emotional abuse. This may also go hand in hand with social neglect, as forcing patients to stay away from loved ones and other residents is another type of emotional abuse. Symptoms of anxiety, depression, and even PTSD are signs that may point to emotional or mental abuse in a nursing home.

Sexual Abuse

Again, as horrible as it is to think about, residents in nursing homes are not immune to sexual abuse. Sexual abuse is considered any type of non-consensual sexual contact. Oftentimes, abusers take advantage of the fact that elderly victims cannot defend themselves or otherwise may likely forget about the attack. 

Genital infections and sexually transmitted diseases are huge warning signs when it comes to sexual abuse in a nursing home.

Financial Abuse

Another way abusers may take advantage of elderly victims is through financial exploitation. This type of financial abuse occurs when a person fraudulently uses, hides, or steals funds from an elderly victim. In some cases, a staff member may manipulate the resident into signing over their financial property. In others, they may simply take the property or assets without the victim even knowing.