Nursing Home Neglect
Attorney

Nursing Home Abuse Statistics in the United States

• There are about five million elders who are abused each year.
• 1 in 10 Americans have experienced some form of elder abuse.
• 36% of nursing home residents have experienced at least one incident of physical abuse.
• 90% of nursing homes in the United States have reported having a shortage of nurse aides.
• Elderly Americans who have problems with dementia and disabilities are more likely to be vulnerable to nursing home abuse.

What are Examples of Nursing Home Abuse?

Nursing home abuse can take place in many different ways, such as: physical, psychological, sexual, or even financial. 

It’s any willful act that involves injuring or harming a nursing home resident. It’s intentional conduct that causes the victim pain, suffering, and sometimes, even impairment. 

• Psychological abuse accounts for 11.6% of nursing home abuse. Examples of this include instances of yelling and threats to intimidate the nursing home resident.
• Financial exploitation accounts for 6.8% of nursing home abuse. There are estimates that show that financial exploitation contributes to United States seniors losing around 3 billion to 37 billion each year.
• Physical abuse accounts for 2.6% of nursing home abuse. Examples of injuries include:
  • Traumatic brain injuries
  • Spinal cord injuries
  • Back injuries
  • Bruises
  • Lacerations 
  • Hand injuries 
• Sexual abuse accounts for 6.8% of nursing home abuse. This includes instances of rape, sexual assault, indecent exposure, or unwanted touching.
• Neglect accounts for 4.2% of nursing home abuse.

Abuse or Negligence?

It is important to note that nursing home abuse and nursing home negligence are two different types of claims and lawsuits the plaintiff could file. Because of these different elements, it is important to hire an experienced nursing home abuse attorney to aggressively fight for your rights. 

Nursing home abuse is a direct claim made against the perpetrator of the abuse, which is usually the employee of the nursing home.

Nursing home negligence is usually a claim made against third parties, such as the nursing home company themselves for failing to look after and train their employees properly. For example, a common negligence claim could be negligent security. Negligent security is a claim made when the nursing home failed to keep its premises safe from other third parties, and a third party not associated with the nursing home was able to go on the property and abuse the nursing home resident.

Why Hire Our Nursing Home Abuse Attorneys?

Our attorneys provide confidential one-on-one consultations where you can discuss your or your family members experience with nursing home abuse. We know how difficult it is to come forward and to describe such traumatic experiences. We always provide support during these difficult times.

1. Interviews

Our nursing home abuse attorneys interview family members of the victim. Usually, family members could have a sense of what the victim went through, and how the victim may have been vulnerable to the abuse. Family members could also speak about the impact that it had on the victim.

Our experienced abuse attorneys also interview any witnesses that may have seen the abuse. Usually, abuse takes place through several different incidences, and does not just happen in a single day, but gradually builds over time.

2. CONDUCT SOCIAL MEDIA INVESTIGATIONS

A 2015 study found at least 35% of cases of nursing home workers post abusive photos of residents. These images were downright dehumanizing, with some of them having violated the law. Our nursing home abuse attorneys will sift through these social media accounts. Your legal team will look for any evidence online that the nursing home has been abusive.

3. TRACK DOWN FORMER EMPLOYEES OF THE HOME

Many nursing homes in the United States have turnover rates ranging from 50% to 100%. This high rate is a top culprit behind the poor quality of care in many elderly facilities. It’s also one of the reasons why understaffed homes have overworked employees.

Extreme fatigue, in turn, can make people behave in a manner that’s way out of line. Unfortunately, it could also make them quick-tempered, and thus, abusive. In many other cases, other employees can no longer tolerate their co-workers’ behaviors. As such, they quit.

4. OBTAIN INSPECTION AND SURVEY REPORTS OF THE HOME

Our skilled nursing home abuse attorneys will do this on your behalf to find evidence of abuse or neglect. As legal experts, we know if the nursing home violated state or federal laws.

For instance, under the Nursing Home Reform Act, facilities have a duty to prevent falls. They should have adequate fall prevention methods and devices in place. Failure to do so makes them liable for injuries resulting from slips, trips, and falls.

5. ACQUIRE HEALTH AND MEDICAL RECORDS

Your loved one’s medical records may be hard to obtain on your own due to confidentiality laws. However, our experienced lawyers could do this for you to shed light on a nursing home’s unlawful conduct. For instance, the records may show evidence of medical malpractice or physician errors.

It takes a highly qualified attorney to investigate the circumstances and build your nursing home abuse case. Abuse is oftentimes very difficult to prove since there may not be physical evidence of the abuse.

6. FILE AN ADMINISTRATIVE COMPLAINT

Once our legal team has gathered enough evidence, we will help you file the complaint. You can also expect our nursing home abuse lawyers to curate a demand letter. After officiating this document, we will mail it to the facility.

In certain areas, such as California, courts want to see proof of parties trying to negotiate prior to filing the case in court.

7. FILE A LAWSUIT

In the world of personal injury cases, there’s always a deadline for filing a lawsuit. These time limits are the statute of limitations. It’s the length of time given to plaintiffs to file a lawsuit against the defendant.

Under California laws, the statute of limitations for personal injury is only two years. Nursing home abuse cases often fall under personal injuries. Either way, you need to file the lawsuit within this period; you can’t sue the nursing home after this.