Nursing Home Neglect Lawyers
What is Nursing Home Neglect?
Federal regulation defines neglect in a nursing home as the failure of the facility, its employees or service providers to provide goods and services to a resident that are necessary to avoid physical harm, pain, mental anguish, or emotional distress.
Millions of people entrust their loved ones to the care of nursing homes. Make sure that your loved ones are being taken care of. A society is judged by how it treats its vulnerable populations such as the elderly. If you are reading this, chances are good that you suspect that your loved one has been subject to abuse or neglect in a nursing home environment.
The attorneys at Fisher Stark P.A. in Asheville, North Carolina are frequently called upon by those with a loved one in a nursing home. Hopefully this article can assist you in making an initial determination about your loved one. If you need more, please feel free to call or schedule an appointment at 828-505-4300.
Nursing Home Negligence – Types, Signs & Causes
The 4 Types of Neglect
The different types of nursing home neglect may include:
• Neglect of basic needs:
This can occur when the nursing home fails to provide a resident with enough food, water, or a clean, safe environment.
• Social or emotional neglect:
Ignoring a nursing home resident, leaving them alone excessively, and constant unkind treatment are examples of social and emotional neglect.
• Neglect of personal hygiene:
When a nursing facility fails to help a resident properly maintain their hygiene. This can include dental care, laundry, and bathing.
• Medical neglect:
This may occur when a nursing facility fails to attend to or prevent a resident’s medical issues. For example, providing inadequate diabetic care, allowing bedsores to develop by failing to turn a patient, allowing infections or failing to address medical mobility issues.
Common Signs of Neglect
• Unexplained Injuries
Neglectful nursing homes are less likely to catch, report, or prevent other forms of elder abuse, leading to an increase in injuries among residents. If a loved one develops injuries that cannot be or are not explained by the facility, neglect may be an issue.
• Loss or Lack of Mobility
Neglectful nursing homes often have residents who have lost most or all mobility because they are left sitting or in bed for long periods.
• Unsanitary Living Conditions
A nursing home should provide clean clothing, bedding, rooms, and living areas. In addition, facilities should be free from pests and mold.
• Signs of Inadequate Nutrition
Many residents of neglectful nursing homes suffer from malnutrition because they are not receiving meals and drinks in a consistent manner. Loved ones should look for signs of malnutrition such as constant tiredness, irritability or weight loss.
• Poor Resident Hygiene
When the personal hygiene of residents is allowed to deteriorate, neglect may be the cause.
• Psychological Issues
Fear of caregivers, a reluctance to communicate with staff or anger can be signs of neglect. Constant neglect can also lead to depression, anxiety and other problems.
Neglect in Nursing Homes – Common Causes
Some causes of nursing home neglect are:
• Inadequate training:
Improperly trained caretakers can slip into patterns of neglect. Under-trained caretakers are also more likely to make mistakes that lead to inadequate care, injuries and even resident deaths.
• Negligent hiring:
This involves hiring caretakers who are unqualified for the job or at high risk of mistreating elderly loved ones.
When a nursing facility does not have enough staff, it places a burden on its other staff. This may increase staff stress, exhaustion and prevent the caretakers from having the time needed to properly take care for nursing home residents.
• Inadequate Supervision:
Nursing home administrators and others must properly and adequately supervise employees to make sure they are providing proper treatment and care of residents.
What to Do If You Believe A Loved One Is Being Neglected
If you think that a loved one has been injured or harmed by nursing home neglect, you need attorneys experienced in nursing home personal injury cases. The experienced nursing home & medical neglect attorneys at Fisher Stark can help.
If our investigation reveals that your loved one has been the victim of nursing home neglect, we will tell you. If we determine that you do not have a case, we will tell you that as well. We are serious attorneys and handle serious cases.
A nursing home can be held legally responsible for their neglect or a resident, meaning that a personal injury or medical malpractice lawsuit may be filed.
If an act of negligence, neglect, or abuse causes harm to a resident seek legal help immediately. You can also report suspected abuse to the North Carolina Department of Health and Human Services at https://info.ncdhhs.gov/dhsr/ciu/filecomplaint.html
Nursing Home Neglect Lawyers – We Can Help
When a resident is injured at a care facility, it is not always obvious what exactly went wrong and who might be legally responsible. The evidence available to a family member or a loved one is often incomplete and may be self-serving for the nursing home.
In some cases, facilities refuse to provide the resident’s family or loved ones with the full set of records or other information needed to get an understanding of what happened to the resident. If faced with possible neglect or other harm to a loved one, it may be helpful to discuss the situation with an experienced attorney.
For a free consultation, feel free to contact us. Here at Fisher Stark, P.A. , we can help you determine if your claim is worth pursuing. Our attorneys care about our clients and offer representation in all areas of nursing home personal injury matters. Call today: 828-505-4300 or click to email us here.
We will work hard to get you the justice & fair compensation you deserve. Fisher Stark, P.A. is a highly respected personal injury law firm in Asheville, NC. We provide experienced legal help for clients in Buncombe County and all of Western North Carolina. Collectively, our legal team – Perry Fisher, Brad Stark and Megan Silver – have more than 50 years of trial practice, and have participated in more than 1,000 personal injury & accident cases. Call Fisher Stark, P.A. at 828-505-4300 for a free consultation OR take our quiz >> “Is It Time to Hire a Personal Injury Attorney?”