Every person who lives in a nursing home has the right to be protected from abuse and neglect. By being aware of these problems and learning how to report abuse and neglect in a nursing home, we can protect nursing home residents and preserve the integrity of the long-term care system.
As one of the leading causes of wrongful deaths in the US each year, it’s no surprise that there are so many questions when it comes to the topic of nursing home neglect.
According to the National Center for Victims of Crime, over 75% of reported elder abuse is verbal or neglect, meaning tragically, there are instances of what is considered nursing home neglect happening across the country every day.
The injury attorneys at Phoenix Accident and Injury Law Firm have significant experience in helping clients who have been victims of nursing home neglect. If your family member or loved one is either moving into residential living or currently lives in a nursing home, and you’re concerned about their safety or that they are experiencing what is nursing home abuse, our frequently asked questions will help answer some of the questions you may be asking – including how to report abuse and neglect in a nursing home, what is considered neglect in a nursing home, and who to contact about nursing home neglect. We can guide you through what to do if you suspect nursing home neglect and explain how common nursing home abuse is in today’s care facilities.
Understanding Nursing Home Neglect and Abuse
Elder abuse can take place in a variety of settings, such as a nursing home, an assisted living facility, a relative’s home, or the home of the older person. Elder abuse can be committed by friends, relatives, strangers, medical professionals, or caregivers. This section focuses on basic concepts like what is nursing home abuse, what is considered neglect in a nursing home, what is an example of neglect in a nursing home, and what the differences are between neglect and abuse.
What Is Considered Neglect and Abuse in a Nursing Home?
Elder abuse in nursing homes is any intentional act by nursing home staff intended to physically or emotionally harm a resident.
On the other hand, any act or omission by a nursing home or its employees that fails to meet reasonable nursing home standards of care, causing harm to residents, is considered neglect in a nursing home.
How Is Nursing Home Neglect Legally Defined?
According to the Arizona Department of Economic Security, “Neglect” means the deprivation of food, water, medication, medical services, shelter, supervision, cooling, heating, or other services necessary to maintain a vulnerable adult’s minimum physical or mental health. This legal definition helps families understand what is considered neglect in a nursing home. Examples include, but are not limited to: Bedsores (pressure sores), unkempt appearance, dirty living conditions, body odor, and feces on the body.
What Distinguishes Nursing Home Neglect From Nursing Home Abuse?
The main difference between nursing home abuse and neglect is intent. In the case of neglect, it can be due to carelessness, forgetfulness, or negligence.
On the other hand, in cases of abuse, there is an intentional act, a malicious intent to harm the nursing home resident. Understanding this difference is crucial when determining what to do if you suspect nursing home neglect or abuse. Arizona law punishes both neglect and abuse, and there are legal means to protect nursing home residents from these abuses.
What Are the Different Forms of Abuse in Nursing Homes?
Elder abuse and exploitation can take many forms, and recognizing them is the first step in knowing how to report abuse in a nursing home:
- Physical abuse involves causing bodily harm, such as hitting or restraining an older person against their will.
- Emotional abuse includes using hurtful words, yelling, or preventing the person from seeing family and friends.
- Abandonment occurs when an older person in need of care is left alone without assistance.
- Sexual abuse involves forcing an older person to witness or participate in sexual acts.
- Financial abuse refers to the theft of an older person’s money or belongings, such as forging checks or misusing bank accounts without permission.
How Widespread Is Nursing Home Neglect and Abuse in the United States?
According to figures from the National Center on Elder Abuse (NCEA), around 1 in 10 nursing homes (approximately 10%) experience some form of resident abuse. This shows how common nursing home abuse is nationwide. It is worth mentioning that many times, abuse in nursing homes is not reported due to fear, intimidation, or shame of its victims, which is why knowing how to report abuse in a nursing home is so important.
It is worth mentioning that many times, abuse in nursing homes is not reported due to fear, intimidation, or shame of its victims.
Can Neglect in a Nursing Home Happen Unintentionally?
Yes, it is known as culpable negligence, and, unlike deliberate negligence, it is precisely the case that abandonment occurs when nursing home staff act without reasonable care and with disregard for the safety of those in their care. This is one example of what is considered nursing home neglect. When trying to understand what is considered neglect in a nursing home, it’s important to recognize that neglect can range from failing to provide basic hygiene care to not administering necessary medications.
What Are the Main Types of Nursing Home Neglect?
In nursing homes, there are two main types of neglect: physical and emotional. These types show what is an example of neglect in a nursing home:
Physical neglect. Easier to spot due to visible signs. This kind of neglect may include:
- Not being washed for days
- Wearing the same clothing for several days
- An untidy or dirty environment
- Unexplained bruises or injuries
- A change in behavior, such as increased distress
Emotional neglect. This type of neglect is more subtle and includes:
- Caregivers isolating individuals from group activities
- Verbal abuse, like belittling or bullying
- Denying rights, such as visitors or access to food
- Witnessing aggression from caregivers
Emotional neglect can be harder to identify, as it often occurs over time and may not be evident during short visits.
What Are the First Signs of Nursing Home Neglect?
This depends on the type of neglect taking place, but there are a few different signs to look out for in both, including significant changes in behavior from your family member or loved one.
It can be difficult to spot emotional neglect, but some signs to look out for in your loved one, should you suspect there is emotional neglect happening, can include:
- A change in behavior from your loved one, e.g., becoming withdrawn, emotional, or depressed
- Finding them alone or shut away (a common example of neglect in a nursing home)
- A general despondent approach to doing anything
With physical neglect, you are more likely to notice changes in appearance. Other things to look out for include:
- Wearing unwashed or soiled clothing or seeing oneself in the same clothes repeatedly (what is considered neglect in a nursing home)
- A messy environment; untidy, unhygienic, or generally unkempt
- Dirty fingers and toenails left uncut or visibility unwashed
- Having lost or gained an unusual amount of weight
- Being visibly dehydrated or left without water
- Being physically isolated from others or left alone for a long time
What Are the Long-Term Consequences of Nursing Home Neglect?
Nursing home neglect can have serious long-term consequences. It can lead to premature death, impair physical and psychological health, destroy social and family ties, and cause devastating financial losses, among other things.
If you observe these signs, learn how to report nursing home neglect to protect your loved one’s rights.
Reporting and Investigating Nursing Home Neglect
If, while visiting a family member or loved one in a nursing home, you have observed signs of physical or mental abuse, you should gather all possible evidence to support your suspicions of abuse. This includes documenting your family member’s injuries with photographs. You should also request who is the abuse coordinator in a nursing home to initiate an internal investigation.
Where to Report Nursing Home Neglect?
You can contact the Arizona Department of Health Services (ADHS) by phone or online. Those are the best places where to report nursing home neglect in Arizona. Another option is to report something to Adult Protective Services (APS).
How Do You Report a Nursing Home for Neglect?
Arizona Department of Health Services (ADHS)
- Go to the ADHS website
- Complete the online complaint form
- Call the ADHS Licensing Services at (602) 364-2536
Arizona Department of Economic Security (APS)
- Go to the APS website
- Complete the online reporting form
- Call APS at (877) 767-2385
Who Investigates Nursing Home Abuse?
The main entities who investigate nursing home abuse are Adult Protective Services (APS) and the Long-Term Care Ombudsman Program (LTCOP). In Arizona, they look into allegations of abuse in assisted living facilities.
Who Is the Abuse Coordinator in a Nursing Home?
The nursing home abuse coordinator, also known as the abuse prevention coordinator, is a nursing home staff member responsible for addressing and preventing abuse. Their primary responsibilities are to create and maintain policies to prevent abuse, train staff to recognize signs of abuse, report suspected or confirmed abuse to the appropriate authorities, and manage and address issues related to abuse.
What Happens When a Nursing Home Resident Reports Neglect or Abuse?
Adult Protective Services starts an investigation when a resident of a nursing home complains of abuse or neglect.
Actions to take:
- Speak with the senior to learn more about the situation.
- Inform Adult Protective Services of your observations.
- Experts will look into the matter.
How Can You Investigate Nursing Home Neglect?
The law in the state of Arizona allows a direct relative of someone in a nursing home who suspects abuse is happening to file a formal complaint against the nursing home.
To begin the investigation, contact the Arizona Health Services Department either by:
- Completing a form on their website
- Calling them directly at 1 (602) 364-2536.
You can read our article about where to file a complaint here for more information about starting any kind of complaint against and where to report nursing home neglect in Arizona.
Once you’ve filed the complaint, you should then consider speaking to a legal professional about your legal rights as a family member. Neglect within a nursing home is often a complex and emotionally charged legal case so hiring a legal representative will help take some of the burden and emotional stress away.
Investigating neglect is something an experienced attorney will be highly competent in doing, representing your family member in a legal capacity.
They can also advise you on what you can do to assist your case, including things like collecting photographs or keeping a log of behavior on behalf of your loved one.
How Can I Report a Nursing Home Staff Member for Abuse or Misconduct?
If you’re wondering who to call for nursing home neglect, these are the proper contacts: You can get in touch with an ombudsman, Adult Protective Services (APS), or the nursing facility administrator or abuse coordinator to report abuse or neglect by a staff member. If there is an immediate threat, you can also call 911.
How Can I Gather Evidence to Prove Neglect in a Nursing Home?
To prove what is considered nursing home neglect, gather evidence such as:
- Medical records and bills
- Surveillance footage
- Photos and videos
- Witness statements
- Documents about the condition of the facility
Look for signs of neglect or abuse, including:
- Unexplained injuries (bruises, cuts, fractures)
- Sudden changes in behavior
- Emotional withdrawal
- Lack of energy or confusion
- Foul odor from hygiene products
- Absence of assistive devices (hearing aids, glasses, dentures)
If you suspect neglect, act quickly by contacting the facility, a long-term care advocate, your state’s assessment agency, or a nursing home attorney.
Where Can I Find Reliable Information About Elder Abuse Prevention?
Institutions like the National Institute on Aging (NIA), the Eldercare Locator, the National Center on Elder Abuse (NCEA), and other organizations provide trustworthy information about preventing elder abuse. For specifics on where to report nursing home neglect or how common nursing home abuse is, these resources can help Also, you can check the information on our website’s blog, and if you have any questions, do not hesitate to contact us.
You can get in touch with us if you have seen indications of physical or psychological abuse when visiting a family member or loved one in a nursing home. If you’re wondering how to report neglect or abuse in a nursing home or what to do if you suspect nursing home neglect, our team can guide you through the process. The lawyers at Arizona Nursing Abuse Injury Law Firm have extensive expertise assisting clients who have suffered from neglect in nursing homes. Contact us now for a free consultation.
Legal Rights and Responsibilities
Nursing home residents possess inherent rights that must be respected, just as nursing homes hold responsibilities toward them. If you have any questions about what those rights and responsibilities entail, or wondered if a nursing home can sue you, this section will clarify them.
What Legal Rights Do Nursing Home Residents Have?
Nursing home residents have the right to receive quality care and services, to be treated with dignity and respect, and to participate in decisions about their care.
These rights include:
- Freedom from physical and mental abuse
- Receipt of pain treatment and management
- Freedom from physical and chemical restraints, except for medical reasons
- Receipt of respect and privacy in medical care
What Steps Should I Take if I Suspect My Loved One Is Being Neglected in a Nursing Home?
You can take the following actions if you believe a loved one is being neglected in a nursing home:
- Consult a doctor.
- Request to view the patient’s medical records.
- Find out if the patient can speak.
- Think about retaining an elder abuse lawyer.
- Ask a neurologist or geriatrician for a first assessment.
- Ask to have a physical therapist, social worker, or nurse visit the patient at home.
- Think about employing a personal geriatric care manager.
Additionally, you can:
- Note which drugs the patient is taking and when.
- Find out if the patient is taking sedatives needlessly.
- A family member could be asked to take the patient to doctor’s appointments.
- Think about looking for caregiver resources.
Can I Still Visit if I Make a Complaint About Nursing Home Neglect?
Yes, if you’ve raised concerns about a home, you are still within your legal rights to continue to visit a loved one. Nursing home staff should not discourage or prevent you from visiting a loved one in any way.
If you’ve made a formal legal complaint, these are handled anonymously in Arizona.
Can a Nursing Home Sue You?
There are a few limited circumstances in which a nursing home can sue a resident, for example, if they fail to keep up the regular payments. There will be a contractual agreement in place before moving in, so it is important to have a plan in place about paying for the care before this happens.
If you’ve filed a formal complaint or even raised issues with the manager of a nursing home about the neglect of a loved one and are now concerned about them suing you, it’s important to learn about your rights.
Nursing homes have a certain obligation to supply a level of healthcare to their residents, but once a resident goes into a hospital, it’s not their responsibility to pick up the medical bills.
Again, if you or your family member doesn’t pay the medical bills for health issues that are ongoing, you will need to ensure they get paid.
Can I File a Lawsuit Against a Nursing Home Without a Signed Contract?
Yes, you can file a nursing home abuse lawsuit without a signed contract.
What can you do?
- Talk to an elder abuse attorney.
- Report the abuse to the nursing home or a state agency.
- Start a negligence lawsuit.
Do Visitors Have the Right to Sue a Nursing Home for Negligence?
Yes, if a visitor is hurt because of the negligence of a nursing home, they can sue the facility. Nursing homes are in charge of making sure that its residents and guests are safe.
What Legal Consequences Do Nursing Homes Face for Neglect or Abuse?
In Arizona, nursing homes that neglect or abuse residents can be held legally liable and required to pay damages. Elder abuse is a felony punishable by up to 12.5 years in prison.
The A.R.S. §13-3623 defines the crime of elder abuse. This crime is committed if an elderly or vulnerable person is injured or placed in a situation that endangers their health or well-being.
Who Is Eligible to File a Lawsuit for Nursing Home Neglect or Abuse?
In order to obtain compensation for medical expenses and lost income resulting from nursing home abuse, injured patients and their families may choose to file a lawsuit against the facility.
In the case of wrongful death, the same laws apply, and it is the victim’s family who can file the claim.
Do All Elder Care Cases Fall Under the Same Legal Regulations?
No, not all elder care cases in Arizona fall under the same legal regulations. In Arizona, elder care cases are subject to various legal regulations:
Elder Abuse: Defined under ARS 13-3623, it includes physical, emotional, financial, or sexual mistreatment, as well as neglect and abandonment. Observers are encouraged to report any instances.
Assisted Living: Assisted living facilities (ALFs) have specific admission and retention policies and cannot accept residents needing continuous medical care or those unable to direct their self-care.
Long-term Care: The Arizona Department of Economic Security provides Home and Community Based Services (HCBS) in collaboration with Area Agencies on Aging. Medicaid offers various programs in the state.
Nursing Home Abuse: Cases of abuse and wrongful death in nursing homes are considered personal injury cases, with a two-year statute of limitations for claims.
What Are the Legal Deadlines for Filing a Claim Against a Nursing Home for Neglect or Abuse?
In Arizona, personal injury victims must file a nursing home negligence or abuse claim within two years of the accident or the discovery of the injury. If the claim is filed after this deadline, it is considered invalid and will be dismissed.
How Can a Lawyer Help in a Case of Elder Neglect or Abuse?
A lawyer can assist in cases of elder neglect or abuse by providing legal advice and filing complaints.
Legal Advice:
- Advises on the elder’s rights.
- Determines if a crime has occurred.
- Prepares necessary documentation for complaints.
Filing the Complaint:
- File the complaint with authorities like the Attorney General’s Office.
- Drafts the complaint detailing the facts of the case.
Reporting Abuse:
- Signs of abuse can be reported to adult protective services without needing proof.
- Professionals will investigate the situation.
Elder Neglect:
- Neglect involves failing to provide essential care, supervision, food, clothing, and medical attention. It can be passive.
How Is Responsibility Determined in Nursing Home Neglect Cases?
Liability in nursing home negligence cases will depend on whether the nursing home breached its duty of care to protect residents. It is determined through a legal analysis of the evidence and the parties’ testimony. This includes gathering evidence such as medical records, doctor’s notes, medical bills, surveillance footage, photos, and videos.
A personal injury attorney can review the case to determine the factors contributing to the abuse.
Who Can Be Held Legally Accountable for Nursing Home Neglect?
In a nursing home negligence case, the facility, its employees, caregivers, residents, and government authorities can all be held liable.
If a nursing home or its employees are proven to have acted negligently, families may be entitled to compensation. If you suspect a loved one is being abused, you can report the abuse to adult protective services or contact a nursing home abuse attorney.
Should I Agree to Sign an Arbitration Agreement With a Nursing Home?
It’s generally not advisable to sign an arbitration agreement in a nursing home. This can limit your ability to seek justice if a grievance occurs. In any case, the best thing you can do is consult with an attorney to ensure the document you sign is in your best interest.
Am I Entitled to Access My Loved One’s Medical Records From a Nursing Home?
Yes, you have the right to access your loved one’s medical records. Although medical records are considered confidential information, in the state of Arizona, access to them is permitted with the resident’s written consent.
Wondering About Your Legal Rights?
Speak With a Nursing Home Neglect Lawyer!
In nursing home abuse cases, a lawyer is the best option if you want justice. They can guide you in how to report abuse and neglect in a nursing home. Contact the attorneys at Arizona Nursing Abuse Injury Law Firm, who will guide you through the next steps. Our attorneys offer a free consultation to review your case, so don’t hesitate to call us.
Nursing Home Standards and Prevention Measures
Nursing homes must adhere to specific standards for staffing and equipment. To prevent nursing home negligence, you can take steps to ensure that this situation does not occur.
How Can I Assess Whether a Nursing Home Is Safe From Abuse?
If you suspect abuse, you can contact local law enforcement and check for symptoms of abuse and neglect in a nursing home.
Signs of Abuse:
Physical Abuse: Bruises, burns, bedsores, unexplained injuries.
Emotional Abuse: Changes in behavior, anxiety, depression, and withdrawal.
Neglect: Poor hygiene, dirty clothing, pressure ulcers, malnutrition, dehydration.
Other Signs: Resident reports of mistreatment, inconsistent contact with care organizations, improper restraint use.
What Key Questions Should I Ask a Nursing Home About Their Policies on Neglect Prevention?
When inquiring about a nursing home’s neglect prevention policies, consider asking about:
- Staffing: Staff-to-resident ratio and interaction frequency.
- Training: How staff are trained to recognize and prevent neglect.
- Background Checks: Screening processes for new hires.
- Reporting: How care concerns are addressed.
- Monitoring: Resident health and well-being checks.
- Assessments: Frequency of assessments for nutrition, hygiene, and medical care.
- Response to Concerns: How the facility handles concerns from residents and families.
- History of Abuse: Any past issues with abuse or neglect.
- Staff Interactions: Quality of staff-resident relationships.
Also, ask about the nursing home’s Medicare/Medicaid certification, facility conditions, and infection rates. The Nursing Home Abuse Center notes that neglect can arise from insufficient food, water, or a safe environment. To help prevent neglect, visit frequently, ask about care, watch for signs, document incidents, and believe your loved one’s concerns.
What Responsibilities Do Nursing Homes Have In Preventing Elder Abuse?
Nursing homes have a legal and ethical duty to prevent elder abuse. Key responsibilities include:
- Training: Staff must recognize abuse signs and effectively communicate with residents.
- Monitoring: Regular oversight of care and staff interactions is essential.
- Reporting: Any suspected abuse should be reported.
- Policies: Implementation of comprehensive policies to prevent various forms of abuse, including neglect.
- Environment: Ensuring a safe setting for residents.
- Screening: Thorough background checks for employees.
Additional prevention strategies involve creating patient care procedures, encouraging visits from volunteers, reviewing incident and feedback reports, educating staff, and raising public awareness of elder abuse.
Families can help by recognizing abuse signs, maintaining regular contact, and voicing concerns to staff or authorities. If abuse is suspected, contacting an ombudsman or a nursing home attorney is advisable.
Is Understaffing in Nursing Homes Considered a Form of Neglect?
Yes, understaffing in nursing homes can be a form of elder neglect. Neglect is a form of abuse that involves failing to provide the necessary care to older adults.
Nursing homes may experience understaffing if they do not have enough employees to fulfill their responsibilities. Poor hiring procedures, insufficient training, or overworked staff can all contribute to this. Understaffed personnel may not be able to provide residents with the care they require to maintain their health, which could cause them to suffer financial, emotional, or bodily harm.
Can Nursing Homes Evict Residents?
This question is a bit complicated. Can a nursing home kick you out? Technically, yes, nursing homes can evict their residents. This applies in the state of Arizona, and the process is called termination.
There can be several reasons for eviction. The nursing home cannot meet the resident’s needs. The resident’s behavior endangers their health or safety, or that of others. It could also be that the resident is breaching their residential lease or that the nursing home is closing.
In any event, they are not allowed to evict a person without a plan for their care at a different institution, hospital, or their discharge to their home or family. Speak with a nursing home abuse attorney to safeguard your rights and for legal assistance.
On the other hand, if you’re wondering, can a nursing home ban family members?, the answer is yes, as long as it’s justified by legitimate reasons.
How Often Should a Nursing Home Change a Patient’s Diaper?
This is a rather specific question that family members often ask of residents suffering from incontinence.
If your family member wears a diaper, a nursing home should be checking it every two hours and changing it accordingly.
If you’re worried this is not being changed regularly or sores are starting to appear, raise it with the manager immediately. Sadly, it is common for a nursing home to neglect residents who rely on adult diapers, forgetting or not checking regularly enough, which can lead to urine burns and sores caused by the diapers.
If you suspect your loved one may not be helped often enough with changing, make sure to keep a log and report nursing home neglect to the appropriate authorities. Not changing a diaper is another form of what is considered nursing home neglect and is something that needs to be addressed immediately.
What Qualifies as Exploitation of a Senior in a Nursing Home?
Many states, including Arizona, define exploitation as the misuse of an elder’s resources for profit or advantage. This is an important aspect of what is nursing home abuse. It can occur when funds, property, or assets belonging to a vulnerable elder are illegally taken, misused, or concealed.
Should I Relocate My Parent if Abuse Is Suspected in Their Nursing Home?
Yes, considering relocation is always an option. Look for a different nursing home or alternative care arrangement if things don’t get better or if you’re still worried about your loved one’s safety. Remember, you have the right to report abuse in a nursing home if you witness or suspect mistreatment.
Nursing Home Injuries and Medical Issues
Falls, lacerations, bedsores, and even death due to negligence are some of the things that can happen to residents of nursing homes where abuse and neglect occur. Below are the different injuries and medical issues that patients experience in nursing homes.
What Are the Most Frequently Occurring Injuries in Nursing Homes?
Injuries from falls are the most common in nursing homes. Slippery floors, poor lighting, or a lack of handrails can cause these.
Other common injuries include bed sores, medication errors, and infections.
Why Do So Many Falls Happen in Nursing Homes?
The risk of falls increases with age. In the United States, between 20% and 30% of older adults who fall suffer moderate to severe injuries. These can be due to several factors:
Physical factors:
- Muscle weakness
- Impaired balance and walking
- Cognitive impairment
- Vision problems
- Decreased sensation, especially in the feet
Environmental factors:
- Slippery or uneven floors
- Loose or wrinkled carpets
- Insufficient lighting
- Objects or cords in hallways
- Unsafe stairs
- Bathrooms not adapted to mobility problems
Pharmacological factors:
- Using medications that affect balance, such as sedatives, antidepressants, and antihypertensive
- Combining several medications
Other factors:
- Moving to a new location or redesigning your home
- Chronic health problems
What Measures Can Nursing Homes Take To Prevent Falls Among Residents?
To prevent the rate of falls in nursing homes:
- Implement fall prevention strategies such as improving lighting and increasing staff assistance.
- Use assistive devices, such as walkers or dogs.
- Use orthotics to support joints.
In addition, it is highly recommended that residents exercise, use assistive devices, and use orthotics to help prevent falls in nursing homes.
What Are the Warning Signs and Progression Stages of Bedsores?
Pressure ulcers, also known as bedsores, are injuries to the skin and tissue caused by prolonged pressure. They may present the following signs and stages:
Warning signs
- Changes in skin texture or color
- Swelling
- Oozing
- Areas of skin that feel warmer or cooler to the touch
- Irritation
- Redness, discoloration, or darkening of the skin
Stages
- Stage 1: Reddening of the skin that may feel firmer or softer than the surrounding area
- Stage 2: The skin breaks open, erodes, or forms an ulcer
- Stage 3: Spread through the skin to deeper tissues and fatty tissue
- Stage 4: Spread to muscle, tendon, or bone
If there are signs of infection, such as:
- A foul odor from the ulcer
- Pus draining from the ulcer
- Redness and tenderness around the ulcer
- The skin near the ulcer is warm and/or swollen
- Fever
What Health Risks Do Untreated Bedsores Pose for Elderly Residents?
Untreated pressure ulcers can lead to serious infections, sepsis, and even death – a clear example of what is considered neglect in a nursing home. They can also cause chronic pain, loss of mobility, and affect quality of life. If you notice these signs, it’s important to know who to report nursing home neglect to.
How Can Medication Errors in Nursing Homes Be Prevented?
To prevent medication errors (another form of what is considered nursing home neglect), implement the following measures:
- Know your medications: Stay updated on pharmacology and review medication labels.
- Prepare medications correctly: Minimize distractions and avoid unnecessary compounding.
- Administer medications accurately: Apply the “five rights” (patient, medication, dose, route, time).
- Document administration: Record medication administration immediately.
- Reconcile medications: Keep a definitive list of prescribed and actual medications.
- Inform patients: Provide written information on drug treatment.
- Use medication organizers: Helpful for patients taking multiple medications daily.
- Utilize medical management records: This can reduce errors during prescribing.
- Implement electronic alarms: Help detect adverse medication events.
- Keep an up-to-date list: Include all medications, supplements, and allergies.
These steps can prevent errors that might lead you to need to know how to report abuse in a nursing home.
What Are the Common Signs of a Medication Error in a Nursing Home?
These are the warning signs that family members and caregivers should recognize:
Sudden changes in mood or behavior
- Unusual irritability
- Excessive sleepiness
- Confusion or disorientation
Worrying physical symptoms
- Tremors or involuntary movements
- Unexplained rashes
- Frequent falls or loss of balance
Alteration in basic functions
- Loss of appetite or excessive thirst
- Sudden urinary incontinence
- Persistent constipation or diarrhea
Signs in medication administration
- Inconsistent medication schedules
- Bottles with leftover/unaccounted-for pills
- Medications that seem different than usual
Remember, if you suspect problems, contact who investigates nursing home abuse in your area.
Which Types of Infections Are Most Common in Nursing Homes?
The most common infections in older adults are urinary tract infections. Other common infections are respiratory tract infections and skin infections.
Other types of infections that can occur in older adults include influenza, gastroenteritis, and COVID-19.
What Preventive Steps Can Nursing Homes Take To Reduce Infections?
To reduce infections in nursing homes, hygiene, disinfection, vaccination, and organizational measures can be implemented.
Hygiene
- Wash your hands with soap and water for at least 20 seconds, especially before eating and after using the bathroom.
- Use alcohol-based hand sanitizers.
- Disinfect high-touch surfaces, such as doorknobs and tables.
- Avoid sharing personal items, such as towels, toothbrushes, or underwear.
Vaccination
- Vaccinate residents against influenza, tetanus, and pneumococcus.
- Ensure residents receive recommended vaccinations.
Disinfection
- Empty the trash frequently.
- Wash bed linens frequently, especially when other people are sick.
- Disinfect surfaces with a solution of one part bleach and ten parts water.
Organization
- Establish protocols for the use of antibiotics.
- Record infections
- Designate an infection consultant
Educate staff
- Have accessible protocols
- Involve the nursing home’s medical director
- Personal protective equipment
- Wear gloves, masks, and gowns when necessary, especially when caring for sick residents
What Should I Do if My Loved One Suffers an Injury in a Nursing Home?
In the event that a loved one is hurt in an Arizona nursing home, you should know what to do if you suspect nursing home neglect:
Obtain medical attention
Make sure your loved one gets medical attention right away.
Keep a record of everything
Take photos, collect data, and ask for incident reports and medical records.
Report the injury
You can notify about the injury to:
- Adult Protective Services (APS)
- The assisted living facility
- Arizona’s state website
- At (602) 364-2536 over the phone
- In-person on the fourth level of 150 North 18th Avenue, Phoenix
Consider filing a lawsuit
To seek recompense for your loved one, you can speak with a nursing home abuse attorney.
Support your loved one
Make sure your loved one’s rights are upheld and that they don’t experience any more abuse.
What Are Some of the Causes of Nursing Home Deaths?
Tragically, when neglect is left unnoticed or carries on for too long, it can cause other health conditions that may lead to a wrongful death. Wrongful death is defined as something that could have been prevented, such as neglect, and is often the legal outcome of a nursing home neglect case.
Death within a nursing home setting that can be directly related to neglect can be caused by several factors, including:
- A slip or fall resulting in injuries or instant death
- Infection caused by something preventable, e.g., a wound or urine infection.
- Accidental medicine doses
- Being left for a long period after a fall or injury
While there are many natural causes of death within a nursing home, sadly, a high proportion are a direct result of neglect. Neglecting the most vulnerable members of society will always have much more severe consequences and, sadly, often ends with preventable death.
Key fact: About 30% of nursing home deaths involve preventable neglect. If you suspect wrongdoing, learn where to report nursing home neglect immediately.
Dorosti v. Recovery Innovations of Arizona: An example of neglect causing wrongful death
A real-life example of neglect causing a wrongful death within a residential home is the Dorosti v. Recovery Innovations of Arizona, Inc case.
A resident by the name Dorosti lived in a psychiatric facility due to living with bipolar; a serious mental illness that meant he had become a danger to others as well as himself.
Dorosti had a long and complex mental health history throughout his life, but tragically the home where he was living when his wrongful death happened had been proven to significantly neglect Dorosti and the care he needed.
An experienced attorney representing Dorosti showed that the psychiatric home had:
- Failed to manage his medication and manic behavior appropriately
- This failure then caused his mania to escalate
- This led to an attempt to use restraint, which resulted in an assault from an unqualified and unlicensed recovery coach
Due to the severe level of neglect Dorosti experienced that led to his death, the psychiatric home was found to be fully liable and responsible for a death that could have been easily prevented.
The surviving family of Dorosti was awarded $2 million in compensatory damages after the case was settled in court in front of a jury.
Legal Actions and Compensation for Victims
How to sue a nursing home for neglect, what steps to follow to file a claim, and what is the average settlement for nursing home neglect. In this section, you’ll learn what legal actions you can take to protect your rights.
Legal Actions and Compensation for Victims
To file a negligence lawsuit against a nursing home, you can:
1. Compile proof
Gather supporting documentation for your claim, including witness statements, incident reports, medical records, and photos.
2. Speak with an attorney
A nursing home neglect attorney can assist you in assessing your case, preparing to file a lawsuit, and negotiating a settlement.
3. Bring legal action
Typically, the county where the nursing facility is located is the right court to file your complaint in.
4. Go to trial
If a settlement cannot be reached, your case may go to trial.
Can I Take Legal Action Against a Nursing Home if My Loved One Was Injured?
Yes, it is possible to take legal action against a nursing home in Arizona if a loved one was injured. This is called a nursing home negligence case, and it can be filed if the nursing home staff acted negligently or committed what is considered nursing home abuse.
The lawsuit can be filed under medical malpractice law and can seek financial compensation.
If you’re wondering what is the average settlement for nursing home neglect, these cases typically compensate for:
- Medical expenses
- Physical therapy
- Assistive devices
- Future medical care
- Costs of increased life support
Who Is Responsible for Resident Injuries in Nursing Homes?
Nursing homes and their staff can be held liable for injuries suffered by residents, whether due to negligence or abuse. Additionally, third parties and government entities may also be responsible for injuries experienced by nursing home residents.
Nursing homes and their staff can incur liability for injuries resulting from staff negligence or misconduct, or insufficiently trained staff. What is considered nursing home neglect often includes these systemic failures.
Conversely, governments and third parties can be held accountable for injuries arising from defective products, such as medical devices, cleaning products, or food, as well as for those caused by systemic failures or inadequate oversight. If you need to take action, you should understand how to report abuse and neglect in a nursing home through proper channels.
What Legal Options Are Available for Victims of Nursing Home Injuries?
Victims of nursing home injuries, or their family members, can file a lawsuit for negligence or abuse. This is known as a nursing home abuse or neglect case. Compensation can include medical expenses, pain and suffering, emotional distress, and more. What to do if you suspect nursing home neglect involves understanding your legal options.
Victims may have legal options, including personal injury claims, wrongful death claims, and reporting the home to the government. Victims can sue the nursing home for negligence if they suffered serious harm. Most nursing home abuse lawsuits are settled out of court; in a successful settlement, the victim receives money. But if a settlement isn’t reached, the case can go to trial.
In the case of wrongful death, close relatives of a deceased victim may be able to file a wrongful death lawsuit. Families may recover financial compensation for unpaid bills and funeral expenses. They can also report the nursing home to the government to ensure oversight. If you plan to file a lawsuit against a nursing home for neglect or abuse, the first step is to contact an attorney for legal advice. They will guide you through the intricacies of what to do if you suspect nursing home neglect, including where to report nursing home neglect and how to build your case.
How Can I Demonstrate That My Loved One’s Injury Resulted From Negligence?
To prove that a loved one’s injury was the result of negligence, you must establish that: The defendant owed a duty of care to the victim, the defendant breached that duty, the breach caused the injury, and the victim suffered damages.
You can use evidence such as:
- The patient’s medical records
- Medical bills
- Police reports
- Doctors’ evaluations
- Photos of injuries and accident scenes
- Dashboard camera videos
- Text messages, voicemails, and other personal correspondence
- Proof of loss of earning capacity
Negligence occurs when one person owes another a duty of care but acts carelessly or breaches their duty, causing injury to the other person.
What Compensation Can Families Seek for Injuries Suffered in a Nursing Home?
Families can seek compensation for nursing home injuries by filing a negligence or wrongful death lawsuit. If you wondered what the average settlement for nursing home neglect is, the amount of compensation is determined by the degree of the negligence and the circumstances of the case.
Personal injury lawsuits of this type can be complex, therefore, it is critical to speak with an attorney about your claim.
If you’re considering where to report nursing home neglect, our attorneys can help you navigate the reporting process and protect your loved one’s rights. We understand how common nursing home abuse is (10%) and are prepared to help you take the necessary steps to obtain compensation and justice.
Contact us now for a free consultation to discuss whom to contact in the case of nursing home neglect and your legal options.
Summary
It’s important to know what is considered neglect in a nursing home in order to take appropriate action. According to data, 1 in 10 nursing homes experience some form of abuse or neglect. This is how common nursing home abuse is, and it could be concerning. Fortunately, there are several entities and ombudsmen to call for nursing home neglect.
Nursing homes have responsibilities to their residents, and state laws protect them, since nursing home abuse and neglect are considered a crimes in Arizona. An attorney who investigates nursing home abuse can be helpful in these cases.
Don’t hesitate to contact us if you have further questions or suspect that a loved one is suffering from nursing home abuse or neglect. A nursing home abuse attorney from our firm can clarify your concerns. Contact Phoenix Accident and Injury Law Firm in nearby Chandler, AZ, to speak with an experienced personal injury attorney. We provide personal injury legal services to clients in your area, including Chandler, Gilbert, Mesa, Scottsdale, Tempe, and Peoria.