A Mini Guide to Handling Nursing Home Abuse and Negligence

One of the very worst realities that anyone goes through is having to make the decision to place a family member into a nursing home or assisted living facility. It’s not a choice, really. You just recognize your limitations in being able to provide the proper level of care that your loved one now needs. It doesn’t feel like it but it’s an act of love to ensure that your mother, father, grandparent, or other relative receives the time and medical attention that will make his or her life better.

It’s also an act of love to research these facilities and remain vigilant in checking up on the care they claim to be providing so that you can feel good about knowing your family is safe. What do you do when you believe there to be a problem? Take a look below to see what you should be looking for to determine whether nursing home abuse and negligence is occurring, and what to do about it.

Nursing home abuse or nursing home negligence? Know the signs

The simplest way to think of the differences between abuse and negligence is that abuse is typically an intentional act meant to inflict harm while negligence is more along the lines of failing to behave in a reasonable manner that results in some form of harm. Whether or not negligence was intentional is irrelevant when it comes to holding the individual or facility accountable for the injuries it caused.

Nursing homes, assisted living facilities, rehabilitation centers, Alzheimer’s units, and other avenues of care are all subject to the same scrutiny by you, so keep a watchful eye and open ear when you visit, video chat, or call to see if you have concerns about any of the below.

Signs your loved one is being abused in his or her nursing home

• Unexplained injuries such as cuts, bruises, broken bones, or being disoriented
• Missing money or personal possessions
• Verbal abuse
• Signs that restraints have been used such as marks on wrists or ankles
• Withdrawn behavior
• Sudden and unexplained emotional outbursts
• Fear of being touched
• Guarded about speaking when staff members are present
• Appears to be overmedicated or lethargic
• You are never able to see or speak with your loved one when you call or try to visit

Signs of negligence or neglect in nursing homes and resident facilities

• Poor personal hygiene
• Unclean bedding
• Residents sitting in hallways
• Odor in facility or residential room
• Malnutrition/dehydration
• Increased mobility issues
• Bed sores
• Frequent urinary tract or other infections
• Insufficient safety devices such as railings or walkers
• Trash piled up

Coronavirus and negligence in nursing homes

While nursing homes around the country have begun to push for immunity from lawsuits related to Coronavirus, there are absolutely negligent actions that are placing residents at higher risk for contracting the fatal disease. The Centers for Disease Control and Prevention created a plan for health care facilities to minimize the spread of Covid-19. Nursing homes and assisted living facilities across the nation have failed at safeguarding the most vulnerable of our population from the pandemic.

Despite attempts to keep the numbers hidden, in late April it was reported by WTVC that Tennessee nursing homes had reached 375 positive cases of Covid-19 and 37 residents had died from becoming infected. Now it appears the state is looking to test all 140,000 staff members and residents in an attempt to determine where hot spots are that need more focus.

Health care facilities and administrators have failed at keeping your family members safe from Covid-19 by:

• Not identifying cases early enough due to lack of testing
• Staff not wearing masks and other personal protective equipment
• Failing to isolate presumptively positive patients
• Downplaying the severity of the virus
• Not providing sufficient staffing
• Requiring staff to work after reporting they feel ill
• Violating federal infection control procedures

Related:

• Essential Workers and COVID-19 – What You Need to Know
• Rocky Law Explains What the “Safer at Home” Order Means for You

What to do if you suspect abuse or negligence in a long-term care facility

You have several options for getting help, and you don’t have to limit yourself by choosing just one. This is your loved one we’re talking about so this is when you should become their strongest advocate. Shedding light on the problems you uncover may not only save your family member, but it may save others who have no one to speak for them.

The idea of making waves can be scary when you worry about whether your loved one could be kicked out of the facility because you complained. There are specific criteria to legally discharge a resident that these facilities are required to adhere to. There is also an appeals process that you can undergo that can serve to either buy you time to secure a bed in another facility, force the current nursing home to shape up, or allow you to find a better solution.

What you can do to get the ball rolling:

• File a complaint against a health care facility or provider with the Tennessee Department of Health. Complaints may be filed online, by phone or by mail.
• File a complaint with the Board of Nursing Home Administrators.
• Take photographs during visits.
• Keep records of any communications you have with nursing home staff.
• Contact a nursing home abuse attorney who will fight to protect your loved one and guide you through the process of holding the facility and individuals responsible for the injuries your family member has sustained.

At Rocky McElhaney Law Firm, our experienced Nashville personal injury attorneys are driven to seek justice for the most vulnerable members of our community. If your loved one has been abused or neglected while under the care of a nursing home or other health care facility, we’re here to help. Schedule your free case evaluation with one of our compassionate nursing home abuse attorneys by calling 615-425-2500, or reach out to us through our contact page to seek the legal help that you deserve. We have offices conveniently located in Nashville, Hendersonville, and Knoxville.