Published On: January 20, 2025
Nursing homes are supposed to be compassionate care providers for older Americans. Sadly, instances of nursing home abuse in Florida and other states are rising. Talk to a nursing home abuse lawyer in your area if you think a loved one was abused in a nursing home. Your loved one can potentially receive compensation for their harm in a personal injury lawsuit.
What Is Nursing Home Abuse?
Whether it’s understaffing, undertraining, or subpar hiring practices, many nursing homes do not fulfill their core obligations. Nursing home abuse and neglect can occur in many ways, all of which lead to negative health outcomes for residents. Common types of abuse are:
- Physical abuse: Any sort of physical harm caused to patients is against state and federal law. Those who commit physical abuse can be criminally charged and sued in civil court. Physical abuse can be hitting, kicking, burning, slapping, etc.
- Emotional abuse: Verbal abuse, name-calling, belittling, and withholding food and water are common types of emotional abuse. Emotional abuse can have severe consequences for older people, leading to anxiety, sleeplessness, depression, etc.
- Sexual abuse: Sexual abuse of older Americans in nursing homes is less common, but it occurs. Staff members may engage in non-consensual sexual acts with residents.
- Financial abuse: A resident is vulnerable to having their money and property taken by criminal staff members.
- Neglect: Some nursing home abuse is simply neglect. The patient may not be kept clean, fed, provided with water, and given the necessary medication. Patients may develop bed sores and infections from not receiving necessary care.
Nursing Home Abuse Statistics
Every year, far too many Americans are neglected and abused in nursing homes. The National Council on Aging estimates that as many as five million older Americans are abused every year, and many of them are in nursing homes.
Also, a survey of 580 nursing aides in long-term care facilities says that 81 percent have seen emotional elder abuse occur. At least 40 percent had committed an incident of emotional abuse in the last year.
Regarding physical abuse, a survey of 450 family members of nursing home residents found that 24 percent reported at least a single incident of nursing home abuse. The CDC states that 600,000 older Americans were treated in the ER between 2002 and 2016 for nonfatal assaults.
Statistics show that women are more likely to be abused in nursing homes than men. At least 60 percent of elder abuse victims in the US are women. Nursing home residents with physical and cognitive issues are more likely to suffer abuse. Nursing home residents with dementia are especially vulnerable to neglect and abuse.
Common Examples of Nursing Home Abuse Injuries
Nursing home abuse can have a serious physical and emotional impact on older Americans. Victims of nursing home abuse and neglect may become withdrawn, fearful, and no longer trust people around them.
They also can suffer severe physical injuries that become permanent disabilities. In some cases, nursing home abuse can accelerate their decline and lead to death. There are several signs of nursing home abuse, and some of them involve the following injuries:
Bed Sores
Many nursing home abuse and neglect victims may have bed sores and pressure sores from the person being left in bed for too long. Bed sores should not happen in a properly cared-for patient, so report this injury to the staff immediately and follow up with state authorities if necessary.
Cuts and Bruises
You should note if you see unexplained cuts and bruises on your loved one. Staff can be abusing your loved one, so you should contact the nursing home administrator and an attorney.
Malnutrition And Dehydration
Your loved one is being abused if you notice that they are losing weight or seem dehydrated. Dehydration can be seen if they are glassy-eyed, weak, and have a dry mouth and lips.
Poor Hygiene
Notice if the person’s clothes are dirty and if they have a dirty, unchanged bed. These are signs of neglect and abuse.
Signs Of Sexual Abuse
Notice if the person has signs of abuse in their private areas, including bloody underwear. Report any suspected sexual abuse to the police.
Abrasions on the Ankles and Wrists
Abrasions on their ankles and wrists can be signs of being tied down. This should never happen. Another possibility is that the staff drugs the patient to keep them under control.
Always report any suspected abuse to the nursing home administrator and state authorities. Then, speak to a nursing home abuse lawyer to understand your legal options.
The Rights Of Nursing Home Victims
Nursing homes are directly responsible for the actions of their staff. When a staff member abuses or neglects residents, the nursing home can be held responsible and forced to pay damages. Further, nursing homes are liable if their policies and procedures are deemed negligent compared to what other facilities do for patients.
Nursing home abuse and neglect victims who were harmed can file a personal injury lawsuit against the facility that allowed the abuse to occur. When nursing home abuse leads to death, surviving family members may file a wrongful death lawsuit with the help of a personal injury attorney.
Most nursing home victims and families settle their claims outside of court, assuming the nursing home accepts responsibility for the abuse and offers a fair settlement. However, the nursing home abuse case can go to court, and the jury will decide on what is an appropriate amount of compensation.
Your nursing home abuse lawyer will negotiate with the facility’s insurance company to provide a just settlement to you and your loved one. However, your attorney might recommend going to court if the nursing home denies responsibility or makes a low settlement offer.
What To Do If You Suspect Nursing Home Abuse
Nursing home abuse is a dire matter that happens too often in Florida and most states. Whether the abuse is physical, sexual, or emotional, it’s vital to report signs of abuse to ensure all nursing home residents are safe. There are several steps to take to report nursing home abuse:
- Contact the Florida Department of Elder Affairs: for abuse that occurs in a Florida nursing home. Contact the corresponding department in your state if the abuse happened elsewhere.
- Speak to the nursing home administrator: If you think abuse is happening to your loved one in their nursing home, talk to the nursing home administrator in person. They must, by law, report any potential nursing home abuse to state authorities and take action to protect nursing home residents.
- Contact the police: If you think a resident is in danger, call the police in your area. They can go to the scene and ensure the safety of nursing home residents.
- Talk to a nursing home abuse attorney: If you think there has been abuse, you should speak to a nursing home abuse attorney in your state. They can lay out your legal options and potentially file a lawsuit.
How Does A Nursing Home Abuse Attorney Help You?
If you or your relative has experienced nursing home abuse, you should seek help from a personal injury attorney. Your attorney may play a vital role in helping you receive financial justice for the harm done to you or a loved one. Some ways that a nursing home abuse attorney will assist are:
- Investigate the alleged abuse: The attorney can do a complete investigation of the alleged abuse to collect evidence and determine liability. This process can include reviewing security video, talking to witnesses and employees, reviewing your loved one’s medical records, etc.
- Protecting your legal rights: A nursing home abuse attorney will protect your rights and ensure you receive compensation if warranted. They will explain your legal options and if you should file a claim with the facility’s insurance company or file a personal injury lawsuit.
- Demand compensation: A nursing home abuse attorney will help you obtain compensation if warranted for the harm done. It can include money for medical bills, pain and suffering, and lost earnings. Most claims end with a settlement with the nursing home’s insurance company, but a lawsuit and court case are possible in limited cases.
- Offer emotional and legal support: Dealing with a nursing home abuse claim can be difficult, and your attorney will give you regular support and guidance.
Possible Compensation In A Nursing Home Abuse Case
If your attorney proves that the nursing home or an employee violated their duty of care and abused your loved one, you can be entitled to compensation. Potential compensation in a nursing home abuse lawsuit is:
- Medical expenses for your loved one’s physical and psychological injuries
- Damages for pain and suffering related to nursing home abuse
- Damages for mental anguish
- Wrongful death benefits to the family if the person passed away from the abuse
What Is A Nursing Home Abuse Case Worth?
There is no formula to calculate the value of a nursing home abuse claim. Every nursing home abuse case is unique. The following factors will influence the settlement amount:
Injury Severity
Nursing home abuse injuries that are permanent and reduce the person’s quality of life have the highest damages. These injuries may include infected bedsores, amputations, brain injuries, spine injuries, and organ damage.
Emotional Effects
Severe mental and emotional trauma can occur from poor treatment, such as withholding food and water, sexual abuse, or serious physical abuse. The person may suffer from severe depression, anxiety, insomnia, and fear of others. These cases will usually lead to a higher settlement.
Strength Of The Evidence
Strong nursing home abuse and neglect evidence can motivate the facility to offer a bigger settlement. The risk of going to trial for the facility is that the jury will see an older, abused person and award them a much higher sum than in a settlement. The insurance company may want to avoid a jury trial if there is robust evidence that details the nursing home abuse.
The ideal way to understand your case value is to schedule a free consultation with a nursing home abuse attorney. These legal authorities handle such cases monthly and can give an idea of your case value. They can rely on their previous case settlements and jury awards to give an idea of what the case is worth.
How Long To Settle A Nursing Home Abuse Lawsuit?
The time it takes to resolve a case varies depending on the unique circumstances. Usually, it can take between one to three years to settle a case. However, several factors may influence the timeline:
- Facility cooperation: If the facility cooperates and there is obvious liability, the case can settle within six to 12 months.
- Case complexity: A case with several defendants, lengthy discovery, or long negotiations can take up to 18 months.
- Severity of injuries: In a case with severe injuries, it can take a year or more for the person to reach maximum medical improvement. Only then should settlement negotiations begin.
- Death: If the injured person dies, there is an estate to deal with, and that can extend the timeline.
Generally, settling the claim outside of court will bring a faster resolution. Carefully consider the insurance company’s final offer, understanding that going to trial takes time and the result is uncertain. If the case goes to trial, the judge may order mediation with a neutral third party to settle. Mediation isn’t binding, but it can be a helpful way to reach a settlement and minimize legal expenses.
Contact A Nursing Home Abuse Attorney Now
Nursing homes are supposed to care for older Americans in their senior years. Unfortunately, nursing home abuse is far too common. These cases are extremely upsetting and stressful. Instead of trying to deal with a claim alone, having an experienced attorney handle the matter is best.
You should speak to a personal injury attorney today if you or a loved one were abused or neglected in a nursing home. A nursing home abuse attorney can review your case for free today.