In 1987, the United States government enacted a law that states the rights that every nursing home resident has. The 1987 Nursing Home Reform Law requires that nursing homes “promote and protect the rights of each resident.” If your spouse or parent who lives in a nursing home sustained injury as a result of neglect, you might be able to pursue compensation.
Neglect is a violation of Residents’ Rights. The facility may be liable for any harm that occurs as a result. A lawyer who handles claims against nursing homes can help. Call Pintas & Mullins Law Firm today at (800) 842-6336 to determine your legal options. We can review and evaluate your case at no charge.
What Constitutes Neglect in a Nursing Home
Medicare and Medicaid define neglect in a nursing home as both:
- Failing to provide care for the resident in a way that avoids pain or harm.
- Failure of the staff or facility to take quick and appropriate action when there is abuse or a potentially harmful situation.
A guide by the Centers for Medicare & Medicaid Services outlines rules on how residents in a nursing home should be treated and gives tips on how to report abuse.
Some examples of neglect include:
- Failure to correctly administer medications: This type of neglect can become abuse if the facility gives too much or too little medication.
- Inadequate hygiene services: This type of neglect occurs when staff fail to provide daily personal hygiene services like bathing, shaving, dressing, brushing teeth or dentures, brushing hair, applying deodorant, moisturizer, or trimming nails.
- Soiled bedding and clothing: Failure to change and launder dirty bedding and/or clothing.
- Insufficient meals: Serving residents an insufficient quantity of food or meals that do not meet the nutritional needs of the residents are forms of neglect. Neglect also occurs if the staff does not assist residents who need help with feeding or drinking.
- Insufficient hydration: Staff needs to keep track of the amount of liquids each resident drinks every day to avoid severe medical complications. Some of the complications that can result from dehydration include kidney stones, bladder infections, and kidney disease.
- Physical activity: It is necessary to maintain residents’ health and prevent pneumonia and other medical problems. If the facility does not provide appropriate physical activity options for the residents every day, that could be neglect.
- Lack of mobility assistance: If a facility fails to provide the assistance needed for every resident to get out of the bedroom, that is neglect. It is also neglect if a facility’s staff does not help residents participate in social activities, particularly those individuals with mobility issues, memory issues, and mental impairments.
- Failure to prevent sacral ulcer (bedsore): A nursing home that fails to establish and follow sacral ulcer (bedsore) prevention protocols is guilty of neglect.
- Bodily oversight: Failing to notice and treat all wounds promptly is neglect.
Some warning signs of neglect might include when your loved one in a nursing home:
- Becomes fearful, angry, anxious, or depressed.
- Develops sacral ulcers.
- Loses weight without an acceptable explanation.
- Develops abnormally dry skin or chapped lips.
- Has body odor or the scent of human excrement.
- Looks unkempt, or their clothes or bedding look dirty.
If you notice any of these or other indications of neglect, you should notify the nursing home administrator. If necessary, seek immediate medical attention for your loved one. A lawyer can help you take legal action against the facility.
Damages For Neglect at a Nursing Home
If your loved one sustained harm as a result of neglect while residing in a nursing home, the facility can be responsible for any injuries. The damages you may be able to recover are economic, meaning they come with receipts or bills that show the dollar value of the loss. Other recoverable items include noneconomic losses, which are meaningful losses that do not have an invoice.
Some of the common economic losses from neglect at a nursing home include:
- Medical expenses: Using an ambulance, emergency room, or hospital are medical expenses. Other expenses include doctor visits, surgery, prescription drugs, physical therapy, and other treatments your loved one needs to treat the damage they suffered from the neglect.
- Enhanced level of care: If the harm from the neglect causes your parent or spouse to need a higher level of care than before, such as skilled nursing instead of general care, the facility can be responsible for the new expense.
- Equipment: Sometimes, a victim of neglect will need different types of equipment as a result of harm from neglect at a nursing home. This category can include things like a wheelchair or a walker.
This list is not comprehensive. Our team will investigate the neglect your loved one suffered and determine all economic damages for which they may be eligible.
Although these losses typically do not come with receipts or bills, they represent significant harm to the victim’s life. These losses can include factors like:
- Pain and suffering
- Depression and anxiety
- Loss of enjoyment of life
Every case is unique. We will need to talk to you and look into your situation to determine the amount that you can pursue.
Neglect of Basic Needs
A nursing home is responsible for providing for the basic needs of every resident. Failure to do so can cause serious injury or even death. Neglect occurs when a nursing home does not meet a resident’s basic needs. The nursing home’s administration may be legally liable for any injuries that result.
If you or a loved one sustained injuries and financial losses because of neglect of basic needs, we can help you. A nursing home injury lawyer from Pintas & Mullins Law Firm can go over your legal options while protecting your rights. We can evaluate your case for free. Call us today at (800) 842-6336 to set up your in-home consultation.
Understanding Nursing Home Neglect
There are several types of neglect in nursing homes, including neglect of basic needs and neglect of medical needs. Seniors have many needs that must be met to allow a standard quality of life and to prevent illness or injury. Some basic needs of nursing home residents include:
- Proper nutrition based on their caloric and health-related needs
- Adequate hydration
- Clean clothing
- Warmth and shelter
- Personal hygiene
- Personal safety
Many senior citizens live in nursing homes because they cannot meet their own basic needs. Remaining in dirty or soiled clothing, irregular bathing schedules, and encountering other hygiene or nutritional problems may put the health of seniors in nursing homes at risk.
Pintas & Mullins Law Firm Is Your Nursing Home Neglect Lawyer
At Pintas & Mullins Law Firm, our team of attorneys understands how difficult it can be to learn the facility you trusted failed to provide for your loved one’s basic needs.
A nursing home administration should not get away with neglect. We can help you recover an award that pays for medical care, moving expenses, and other costs related to your loved one’s neglect.
If we determine that you have viable neglect of basic needs case, we will fight to have the defendant pay all related costs. You may be able to recover compensation for the pain and suffering your loved one endured.
We only receive compensation if you receive an award in your case.
Call us today at (800) 842-6336 to learn more.
Recoverable Compensation for Nursing Home Negligence
If a nursing home’s failure to meet basic needs caused your loved one to suffer injuries, you may be able to take legal action to cover a wide variety of related expenses and losses. These awards differ from case to case, but can include:
Medical Care Costs
A settlement or award can help pay medical bills related to injuries from neglect in a nursing home. Some of these expenses include inpatient or outpatient care, surgery, medication, rehabilitation or therapy, and future care needs. Another medical care cost you may be able to recover is any therapy required to address psychological injuries.
You may be able to recoup any out-of-pocket expenses you paid. Some of these expenses include the cost of moving to a new facility or replacing broken glasses or hearing aids. It may also cover the money you spent on food, sheets, towels, and other expenses normally included in the cost of the facility.
Pain and Suffering
Our attorneys can help you put a monetary value on the physical pain and emotional suffering endured as a result of the neglect of basic needs. It is important to include these losses in your settlement value for your case. These losses are often double or even several times the value of your other losses.
Wrongful Death Damages
If you lost your loved one due to the failure to meet basic needs, you can hold the facility liable for funeral and burial costs and other expenses and losses.
In many cases, nursing home residents are not capable of caring for themselves or managing activities of daily living on their own. Their physical or mental medical conditions prevent them from doing so, and this may be why they live in a long-term care facility. It is the responsibility of the nursing home to intervene and ensure they receive the proper care.
When a nursing home fails to intervene, and a resident suffers injuries or additional medical concerns because of self-neglect, this is negligence. The nursing home may be liable for damages the resident sustained as a result. At Pintas & Mullins Law Firm, our team can review your loved one’s nursing home neglect case and help you understand the actions possible to hold the facility liable.
Call (800) 201-3999 today for your free consultation.
Signs of Elder Self Neglect in Nursing Homes
Elder self-neglect most commonly occurs when an adult has a physical impairment such as paralysis following a stroke or a mental concern such as diminished mental capacity from dementia. The inability to provide themselves with the self-care necessary to remain clean, healthy, and hydrated is a common reason why their families seek nursing home placement.
Once placed in an assisted living or skilled nursing facility, the facility assumes the responsibility of ensuring the resident’s self-care needs are met. Failure to do so is a type of nursing home neglect.
According to the American Society on Aging, there are six common types of self-neglect in nursing homes that occur. The nursing home where your family member lives should be monitoring them for signs of self-neglect and taking action when necessary. Signs of self-neglect include:
- Failing to bathe, wash hair, or uphold good hygiene practices.
- Failing to manage necessary medications or refusal to take prescribed medications.
- Dehydration, malnutrition, and related concerns.
- Health concerns going unattended.
- Dirty living area, unwashed sheets, old food or drink, and other sanitary concerns.
- Problems managing finances, including bounced checks, missed payments, or unexpected payments.
If your loved one lives in a long-term care facility and facility staff failed to ensure your loved one’s self-care needs were met, you may be able to take legal action on behalf of your loved one or help them through the process. Call Pintas & Mullins Law Firm today at (800) 201-3999 to get started with a free case review with a nursing home abuse attorney.
Nursing Home Liability for Abuse and Neglect
At Pintas & Mullins Law Firm, we do not believe you or your loved one should have to pay for the medical care, out-of-pocket expenses, or other losses they experienced because of nursing home abuse. We believe a nursing home should be responsible for these expenses, not the victim. We will work to build a strong case proving nursing home negligence and documenting the related abuse.
Proving abuse and neglect in nursing homes can be difficult. Even when a case is tough, we will not shy away. We will pursue the compensation your loved one deserves for the abuse and neglect they experienced.
Call Pintas & Mullins Law Firm today at (800) 201-3999 for a free review of your loved one’s nursing home self-neglect case.
Financial Awards Available for Nursing Home Neglect
As a part of proving your loved one’s case, our team will collect documentation to prove the financial impacts of the abuse they endured. At the same time, we will put a price on the noneconomic damages they sustained. Financial awards in this type of case may include:
- Medical care costs: Related medical care costs include any care that occurs as a result of nursing home neglect. This could include inpatient care, rehabilitation, psychiatric care, and other related expenses.
- Out-of-pocket expenses: Out-of-pocket expenses can include almost anything you or your loved one spent as a result of their nursing home abuse and neglect. This could include money spent to move them to a new facility, to park during medical treatment, and other fees.
- Pain and suffering: Your loved one deserves compensation for their physical pain and emotional suffering related to the neglect they endured. We can help pursue this compensation in an out-of-court settlement or court award.
- Wrongful death: If your loved one passed away as a result of self-neglect in a nursing home or other long-term care facility, you and other surviving family members may be able to pursue compensation for certain damages you sustained.
Nursing homes are responsible for providing the care and support seniors need during their stay. Nursing homes must hire trained staff who can monitor patients’ vital signs, provide care for chronic conditions, and determine when they need additional care from a doctor.
Medical neglect may occur if the nursing home fails to provide this type of adequate support. If a resident suffers injuries as a result, they may be able to pursue compensation and hold the nursing home liable. If you or a loved one sustained injuries which required additional treatment because of medical neglect in a nursing home, call an attorney from Pintas & Mullins Law Firm today.
You can reach us at (800) 201-3999. We will review your case for free.
Nursing Home Residents Have a Right to Medical Care and Support
Neglect occurs when the nursing home staff fails to provide necessary care (under the nursing home care act). This can cause nursing home residents to suffer serious health complications, worsening of chronic conditions, and even death.
In the case of nursing home medical neglect, the necessary care residents do not receive may include:
- Necessary medical treatment for acute conditions
- Care for chronic medical conditions
- Prescribed and over-the-counter medications
- Failing to adhere to the care plan that nursing homes are required to develop for each resident
Overmedicating a nursing home resident is also a form of abuse.
By law, nursing homes must provide residents with necessary medical care. Residents in nursing homes have rights that facility staff and administration must respect. This includes:
- A comprehensive explanation of your health status in easy-to-understand language
- Having knowledge of medical conditions, medications, vitamins, and supplements
- The right to choose a doctor
- Taking part in any decision that affects your care
- Having a care plan in place
- Access to medical and facility records
- Submitting complaints or grievances about received care
If your loved one cannot make medical decisions on their own and you are their legal representative, you can ensure the protection of these rights and speak on their behalf. If the nursing home refuses to respect these rights, this may constitute abuse in some cases.
Pintas & Mullins Law Firm Can Review Your Medical Neglect in a Nursing Home Case for Free
Pintas & Mullins Law Firm offers free case evaluations. If you believe you or a loved one suffered injuries because of medical neglect in a nursing home, reach out to our team today. We pursue compensation for victims on a contingency fee basis. Your family will pay nothing out of pocket and nothing upfront. We collect our fees from the award you receive.
Let one of our nursing home injury attorneys review your case and explain if you are eligible to take legal action. You should not be stuck paying for medical care and other expenses that occurred as a result of nursing home neglect.
Compensation Recoverable in a Nursing Home Medical Neglect Case
You may be able to recover compensation for losses you and your family incurred as a result of the medical neglect. Recoverable compensation in this type of case may include:
- Related medical expenses: You may be able to recover medical care, including both inpatient and outpatient care, medications, rehabilitation and therapy, psychological support, and other related expenses.
- Out-of-pocket expenses: Covered expenses include money for damaged property, money paid for medicines or services not provided, the cost of moving to a facility with adequate care, and other related expenses.
- Pain and suffering: Our attorneys will calculate a fair settlement value for your physical pain and emotional suffering related to the neglect you experienced.
- Wrongful death losses: If your spouse or parent passed away as a result of medical negligence in a nursing home, you may be eligible for a wrongful death award. We can help you understand the recoverable damages and explain eligibility for this type of legal action.
When a long-term care facility isolates a resident from others, it may be social neglect. This could support a claim or lawsuit based on emotional abuse. If you have a loved one who lives in a nursing home and is isolated from other residents, they may be experiencing social neglect.
At Pintas & Mullins Law Firm, we offer free case reviews. We can explain your loved one’s rights based on the facts of their case. If we believe your loved one is the victim of emotional abuse in their care facility, we can help you take legal action on their behalf or guide them through the process.
Call (800) 842-6336 to learn more or to schedule your complimentary consultation.
Understanding Social Neglect and Emotional Abuse
Social neglect in nursing homes occurs most often in residents with complex medical needs or those who require a high level of assistance and monitoring.
Research suggests a positive correlation between social interaction and health for aging adults. One major advantage of living in a nursing home is that residents have peers to share activities, eat meals, and enjoy their company. Social neglect takes this away. The resident suffering from social neglect may miss:
- Common meals in the cafeteria.
- Activities and games for residents.
- Special events.
- Classes, such as exercise classes or the chance to learn a new skill.
- Other time to socialize with their peers.
Because social neglect in nursing homes can interfere with a resident’s quality of life, it can rise to the level of emotional abuse if not addressed quickly.
If you believe your loved one experienced social neglect or emotional abuse in their long-term care facility, let a nursing home abuse and neglect attorney from Pintas & Mullins Law Firm review the facts of the case. Call (800) 201-3999 today to get started.
Pursuing a Nursing Home Abuse and Neglect Claim
While emotional abuse may not leave the same physical scars as other types of nursing home abuse, it can still be detrimental to the health and well-being of the victim. Isolating someone socially can lead to depression, sadness, and other mental health concerns, especially in those with physical and mobility impairments or who are experiencing cognitive decline.
There is also some evidence to support a link between social isolation and worse health outcomes in seniors.
Hold the Nursing Home Responsible for Your Loved One’s Pain
We do not believe any nursing home resident should have to face this type of emotional suffering. We want to ensure your loved one gets the support and care they need and does not suffer any additional negative effects. At the same time, we think the nursing home administration should be responsible for covering any expenses related to this type of abuse and neglect.
Let an attorney from Pintas & Mullins Law Firm go to work on your loved one’s case today. We may be able to help you build a compelling case and pursue compensation. Call (800) 201-3999 today to learn more.
Compensation Recoverable in a Nursing Home Neglect Case
When we pursue compensation in a nursing home abuse and neglect case, we consider all the expenses and losses your loved one likely experienced because of their social neglect and emotional abuse. We will work with you to pursue a fair settlement or award based on the facts of their case.
Some common losses may include:
Medical Care Expenses
While social neglect generally does not directly cause any physical health concerns or require hospitalization, the impact on mental health and quality of life may be significant. Your loved one may require psychological support and therapy. In addition, social neglect may occur together with other types of abuse or neglect that do require care for physical medical concerns.
Any money spent addressing the emotional abuse your loved one endured is recoverable. This could include almost any related expenses, such as paying to park at their appointment with a therapist or the costs associated with moving to a new facility.
Pain and Suffering
Mental anguish and other noneconomic damages are available to residents who suffered emotional abuse caused by social neglect. Depending on the evidence we uncover and the case we can build, a pain and suffering award can be substantial.
Act Today to Hold the Nursing Home Administrators Responsible
It is important to reach out to our team as soon as possible after you discover potential abuse in your loved one’s nursing home. Each state has its own deadlines for filing nursing home abuse accusations, and you could lose the right to pursue compensation if you miss this deadline.
Let us review the facts of your loved one’s social neglect and emotional abuse today. If we believe you have a valid nursing home abuse case, we will take the case on a contingency fee basis. We collect no attorney’s fees unless we recover a payout in your case.
How a Lawyer Can Help With a Nursing Home Neglect Claim
When a nursing home or assisted living facility causes a resident to suffer harm, the facility is liable.
If your parent or spouse experienced neglect while in a nursing home or assisted living facility, you might want to talk to a lawyer who can explain your legal options.
At Pintas & Mullins Law Firm, we hold facilities accountable when their negligence harms residents. We handle nursing home claims all over America. Our clients do not have to deal directly with the nursing home’s lawyers because we fight their battles for them.
Call Pintas & Mullins Law Firm today at (800) 842-6336 for a free consultation. If we take your case, you will not have to pay upfront legal fees.