Nursing Home Negligence
Unfortunately, when people age, they become
vulnerable to abuse, neglect and exploitation.
Some will move into nursing homes in expectation
that they will be well cared for and will be
protected from the effects of the mental and
physical infirmities of old age. Tragically,
the elderly are sometimes neglected and even
abused by the very caregivers they trusted
and from whom they sought help.
Nursing home residents have patient rights
and protections under state and federal law.
Some of these rights include the following:
- Respect --You have the
right to be treated with dignity and respect.
- Service and Fees --You
must be informed in writing about services
and fees before you enter the nursing home.
- Money – You have
the right to manage your own money or to
choose someone else you trust to do this
for you.
- Privacy – You have
the right to privacy and to keep and use
your personal belongings and property as
long as it doesn’t interfere with the
rights, health, or safety of others.
- Medical Care – You
have the right to be informed about your
medical condition, medications, and to see
your own doctor. You also have the right
to refuse medications and treatments.
Several factors contribute to the neglect
and abuse of nursing home residents, including:
inadequate staffing, poorly qualified or trained
staff, with a history of violence, the isolation
of residents and the reluctance of the elderly
to report abuse because of embarrassment or
fear.
Some of the more common types of injuries
that are suffered as a result of neglect or
abuse in nursing homes include:
- Falls and fractures
- Inappropriate physical or chemical restraints
- Bedsores, pressure sores and infections
- Theft of money and financial exploitation
- Medication and prescription errors
- Lack of supervision
- Unexpected or wrongful death
- Physical or emotional neglect/abuse
- Sexual assault
- Unexplained injury
Since most victims of nursing home neglect
or abuse are past the age of earning income
and often have limited life expectancies, evaluation
of these cases is different from the usual
type of personal injury claim. Absent extraordinary
circumstances, there will typically be no lost
earnings claim. Almost always, the claim for
damages will be non-economic in nature. In
general, non-economic damages include pain
and suffering, disability, permanency embarrassment,
humiliation and loss of enjoyment of life.
In the appropriate case, if the conduct of
the nursing home is particularly egregious,
punitive damages may be in order. The elderly
are entitled to live out their “golden
years” in peace and comfort without fear
of abuse or neglect by the very ones that are
supposed to be caring for them.
