As people age, they often develop illnesses and conditions that require round-the-clock care. Family members are often unable to provide this care, and they make the difficult decision to admit their loved one into a nursing home. If you have a loved one in a long-term care facility, you likely trust that the nurses and other staff members will treat your family member with the care and support they deserve. Sadly, this does not always happen. Residents in nursing homes are one of society’s most vulnerable sectors, making them easy targets for nursing home abuse and neglect.
If you suspect that your loved one is a victim of nursing home abuse or neglect, it is essential that you take the necessary steps to stop it from happening. Our Spartanburg nursing home abuse lawyers can advise on what these are and help you obtain the compensation your loved one deserves.
How Common is Nursing Home Abuse and Neglect?
Nursing home abuse and neglect is far more common than many people realize. According to data collected by the National Center on Elder Abuse (NCEA) in a survey of 2,000 nursing home residents, 44 percent said they had experienced abuse. Another 95 percent stated that they had experienced neglect, or that they had witnessed other residents being neglected.
In another study conducted by the NCEA, more than half of staff members in nursing homes admitted that they had mistreated residents in just one year. Mistreatment in nursing homes can take many forms including physical abuse, emotional abuse, and neglect. In yet another study, 17 percent of certified nursing assistants admitted to pushing, grabbing, or shoving nursing home residents.
The Legal Rights of Nursing Home Residents
There are a number of laws that protect nursing home residents by clearly outlining the rights of these vulnerable individuals. The 1987 Nursing Home Reform Act is a set of federal laws that outlines many of these rights, which include the right to:
- Be free from all types of abuse, neglect, and exploitation
- Be from any type of discrimination
- All information regarding their living arrangements
- Reasonable participation in any decision regarding the medical care and treatments they receive
- Report complaints without fearing retaliation
- Privacy
- Make decisions about their own lifestyle
- Visits with family members on a flexible schedule
- Respect and dignity
When nursing home facilities fail to uphold the rights of their residents, neglect and abuse often follow.
How to Hold Nursing Homes Accountable for Abuse and Neglect
There are many different legal avenues you may choose to pursue if you suspect your loved one is the victim of nursing home abuse or neglect. These include:
- Filing a lawsuit: Filing a civil lawsuit is the most common type of legal action taken after nursing home abuse and neglect. By filing a lawsuit your loved one can receive financial compensation for their medical expenses, pain and suffering, and other losses.
- Criminal penalties: In the most grievous of cases, nursing home abuse and neglect can result in criminal penalties. In these cases, you must report the issue to police and the state’s prosecution will decide whether to pursue criminal charges. If a nursing home staff member or the facility is convicted, they may face fines, imprisonment, or probation.
- Filing a formal complaint: In South Carolina, you can report nursing home abuse and neglect to the Department of Health and Environmental Control (DHEC). This agency oversees nursing home certification and licensing. After receiving your complaint, the DHEC will conduct an investigation and issue penalties such as fines if they find the facility to be in violation.
- Mediation or arbitration: Certain nursing home admission agreements stipulate that disputes must be resolved through mediation or arbitration. While the decisions made during arbitration are legally binding, those made during mediation are not. Even when pursuing these avenues, it is critical that you work with a Spartanburg nursing home abuse attorney who can help you obtain the most favorable outcome.
It is not always easy to determine which legal route is best for holding nursing home staff members and facilities accountable. Our Spartanburg nursing home abuse lawyers can advise on the best strategies to hold nursing homes accountable and help your loved one obtain the full compensation they deserve.
Types of Nursing Home Abuse
When many people first think of nursing home abuse, they often think of physical abuse such as hitting, punching, and pushing elderly individuals. Physical abuse can also include using drugs or devices to physically restrain an individual. Unfortunately, physical abuse is just one form of abuse in nursing homes. Others include:
- Emotional abuse: Although physical abuse is the first type people often think of, emotional abuse is the most common type to happen in nursing homes. Emotional abuse involves any action intended to make a nursing home resident feel anxiety, distress, or fear. Isolating residents is another form of emotional nursing home abuse.
- Sexual abuse: While no one wants to think about it, sexual abuse can happen in nursing homes just as it does outside of these facilities. Sexual abuse refers to any non-consensual sexual act between a nursing home staff member and a resident. Sexual abuse also does not have to involve physical contact. Forcing residents to undress without reason or forcing a resident to view sexually explicit material or another person’s sexual acts are also considered sexual abuse.
- Financial abuse: Because nursing home residents are so vulnerable and often lonely, they can also become the victim of financial abuse. A staff member may suddenly befriend them in order to manipulate the resident into writing checks out to them or making changes to important documents such as a will or power of attorney. Nursing home staff members may also steal directly from residents, but this is not as common.
- Neglect: Unlike the above types of abuse, neglect is not an intentional act. Neglect occurs when a nursing home resident’s basic needs are not properly tended to. These needs can include their hygiene, access to water and nutritious food, and medical care. Even though nursing home neglect is not intentional, it does not mean nursing home staff members and facilities cannot be held liable for it.
All of the above types of abuse are inexcusable. If you suspect your family member has been hurt in any way in a facility, it is essential that you speak to our Spartanburg nursing home abuse lawyers as soon as possible.
Common Signs of Nursing Home Abuse and Neglect
One of the best ways to prevent a loved one from suffering from nursing home abuse and neglect is to visit the facility often. While there, it is just as important to look for signs of nursing home abuse and neglect. The most common of these are as follows:
- Soiled bedding or clothing
- Untreated wounds, cuts, or sores
- Sudden and unexplained weight loss
- Signs of improper hygiene, such as the smell of feces or urine
- Sudden lack of awareness or alertness
- Sudden withdrawal from activities your family member once loved
- Fearfulness, particularly of certain staff members
- Unexplained sexually transmitted diseases or injuries of the genitals, mouth, breasts, or anus
- Abrasions or bruises
- Stained, bloody, or torn bedding or clothing
- Untreated bed sores
- Sudden and unexplained hair loss
- Lack of responsiveness
- Loss of bladder or bowel control
- Unusual behavior
- Unusual financial transactions
- Staff members refuse visitation, or refuse to leave you alone with your loved one
Many people think that simply talking to their loved ones about abuse or neglect is enough to determine if there is a problem. Unfortunately, many nursing home residents do not have the mental capacity to understand that abuse or neglect is occurring. Even when they do, they are often too ashamed or embarrassed to report the misconduct. It is for this reason that it is so important for family members to know the signs to look for so they can stop abuse and neglect from occurring and hold the facility accountable for their actions.
Call Our Nursing Home Abuse Lawyer in Spartanburg for Help with Your Case
At McCravy, Newlon, Sturkie, & Clardy, our Spartanburg nursing home abuse lawyers understand the devastation families feel when their loved ones are not treated properly. If your loved one has suffered harm while in a long-term care facility, our experienced attorney can help you make things right. Call us today at 866-MCCRAVY or contact us online to schedule a free consultation with our attorney and to get more information.