As a resident of a nursing home, your loved one is in an extremely vulnerable state. Depending on their condition, they may be in pain, immobile, or unable to speak, leaving them in a difficult position to advocate for themselves. The quality of their life is reliant upon the environment set up for them, the care given to them, and the professionalism of the staff working around them. When a nursing home does not provide the care needed to their residents, that neglect can result in physical and emotional harm or even death. In such cases, family members may choose to build a case against the facility. In order for a criminal or civil action to move along and receive compensation, there must be strong evidence against the nursing home. When it comes to gathering evidence, an attorney can help to prove your case.

 

Looking for Signs of Abuse

Nursing home staffing has been a problem since the 1980s, however, when COVID19 made its way to the US, the shortage became dire. Because of burnout, high turnover rates, and inadequate care, nursing home residents have been and are at risk for falls, bedsores, emergency room visits, and hospitalization.

Lawsuits surrounding these issues have become prevalent in the last few years, with some totaling millions of dollars against facilities. To prove physical neglect, first begin with looking for the signs. Broken bones, unexplained bruises, burns, bedsores, unclean conditions, and lack of hygiene are all signs that your loved one may be suffering from neglect in their facility. The California Department of Aging suggests looking for these signs and reporting immediately. To gather evidence for a case, keep a log of the date and times you notice the physical signs and take pictures of anything unusual you can see on their body. Other physical documents to collect are medical statements and bills from the related injuries, insurance claim forms, medical reports, prescription recommendations, and a statement of your relationship to the resident. These logs, photos and documents are important pieces of evidence of how your loved one suffered in their environment and something the court can actually see.

 

The Different Types of Abuse in Nursing Homes

There are several types of neglect or abuse that can occur in a nursing home, and taking a look at your loved one’s financial accounts might also be a good idea. If their accounts have any suspicious or unusual activity, it may have been tampered with. Unauthorized spending, sudden changes in power of attorney, staff members who want to go with the resident to their bank, or ATM activity when there hasn’t been any can all be signs of financial fraud. Gather bank statements to prove the unusual spending, speak to all staff members that interact with your loved one throughout the day, and record the date and time of unusual activity.

One of the hardest things to prove is emotional neglect, which is when a resident is left alone for too long or not allowed to see visitors. Because there is no physical evidence, you have to look for psychological changes in their demeanor, mood, and general state. Has your loved one become overly irritable lately? Are they behaving erratically or disrespectfully? Signs of emotional abuse could also show up as anxiety, depression, and possibly even suicidal thoughts. What you can do is document the dates and times of unusual behavior and also contact authorities that may be able to help confirm the behavior such as Adult Protective Services, police or paramedics, the nursing home Ombudsman, or a social service worker.

Nursing home neglect is not a pleasant thought, and it’s unimaginable if it’s your loved one who’s suffering. Gathering the evidence needed to prove neglect may be a difficult task, but it will be well worth it to make the facility responsible for not only your loved one, but potentially other residents as well.

 

Elder Abuse Los Angeles and California Attorney:

Handling a case of elder abuse or, even more tragically, a wrongful death due to neglect is an incredibly challenging experience. Acting swiftly is essential to help ensure a favorable legal outcome and to pursue justice for your loved one. Reach out to Nursing Home Elder Abuse Attorney Cameron Sehat today for a free consultation.