Introduction
Nursing home neglect is a serious issue that can have life-altering consequences for vulnerable residents. When nursing home neglect occurs, it can result in serious injuries, including broken bones, severe infections, and even wrongful death. Family members often place their trust in nursing homes and assisted living facilities to provide adequate medical care and ensure the well-being of elderly residents. However, when that trust is broken, it’s critical to know what steps to take to protect your loved one and hold the facility accountable.
If you suspect nursing home neglect, you have legal options. Reporting nursing home neglect is one of the first steps toward justice, but pursuing legal action can ensure that the responsible nursing home is held accountable. By working with an experienced attorney, you can file a nursing home neglect lawsuit to seek financial compensation for your loved one’s injuries and losses.
This guide explains what to do when nursing home neglect leads to serious injury, how to recognize the warning signs, and how a nursing home neglect lawyer can help you seek justice.
What is Nursing Home Neglect?
Nursing home neglect occurs when nursing home staff members fail to provide proper care, essential medical care, or basic support to residents. Unlike nursing home abuse, which involves intentional harm, neglect is often the result of staff negligence, understaffing, or improper training of nursing home employees. However, the harm caused by neglect can be just as devastating as physical abuse.
There are many forms of nursing home neglect, including:
- Medical neglect: Failure to provide adequate medical care, such as monitoring a resident’s health, managing chronic conditions, or administering medication correctly.
- Basic needs neglect: Failing to provide essential needs like food, water, shelter, and clean clothing.
- Emotional neglect: Ignoring a resident’s mental health needs or failing to provide companionship and social interaction.
- Personal hygiene neglect: Failure to assist residents with bathing, dressing, or maintaining good hygiene.
Each form of neglect can result in serious health problems, unexplained injuries, and long-term suffering for nursing home residents.
Common Warning Signs of Nursing Home Neglect
If you have a loved one in a nursing home or assisted living facility, it’s essential to recognize the signs of neglect. Some of the most common warning signs include:
- Unexplained injuries: Fractures, bruises, or cuts that nursing home staff members cannot adequately explain.
- Poor personal hygiene: Residents appear unclean, with dirty clothing, unwashed hair, or untrimmed nails.
- Weight loss or dehydration: Signs of malnutrition or dehydration may indicate a lack of adequate nutrition or proper care.
- Untreated medical conditions: Bedsores, infections, or health problems that should have been addressed by medical professionals.
- Sudden changes in mental health: Anxiety, withdrawal, or depression may result from social or emotional neglect.
- Medication errors: Residents may experience health complications due to missed doses or incorrect administration of medications.
If you notice any of these signs of nursing home neglect, it’s critical to take immediate action to protect your loved one’s health and safety.
What to Do When Nursing Home Neglect Leads to Serious Injury
If you believe your loved one has suffered a serious injury due to nursing home neglect, here are the key steps to take:
1. Ensure Immediate Medical Care
The health and safety of your loved one is the top priority. If the injury requires medical attention, seek immediate care from a doctor or emergency medical professionals. This step will ensure that your loved one’s injuries are treated properly and will also create a record of the medical emergency, which can be used as evidence in a nursing home neglect lawsuit.
2. Document the Neglect and Gather Evidence
Gather as much evidence as possible to support your claim of nursing home negligence. This includes:
- Taking photos of visible injuries, poor hygiene, or hazardous conditions in the nursing home.
- Collecting medical records that document any health problems, broken bones, or medication errors.
- Speaking with other residents or family members who may have witnessed the neglect.
- Keeping notes on interactions with nursing home employees, including staff names, dates, and times.
The more evidence you gather, the stronger your case will be.
3. Report Nursing Home Neglect
Reporting nursing home neglect is crucial to protect your loved one and prevent further harm. Contact the appropriate authorities, such as:
- Adult Protective Services (APS): This agency investigates elder abuse and neglect in nursing homes and assisted living facilities.
- The New York State Department of Health: You can report neglect to the Health and Human Services division, which oversees nursing homes in New York.
Filing an official complaint with these agencies can trigger an investigation and hold the nursing home facility accountable.
4. Consult a Nursing Home Neglect Lawyer
If you want to pursue justice and seek financial compensation for your loved one, consult a nursing home neglect lawyer. An experienced attorney can help you file a nursing home neglect lawsuit and hold the facility accountable for negligence. Nursing home abuse lawyers understand the legal process and will guide you through every step, from filing claims to presenting evidence in court.
An experienced attorney can also determine if the facility engaged in negligent hiring practices or if nursing home staff members failed to follow proper safety protocols.
5. Take Legal Action
If your loved one has suffered serious injuries or wrongful death due to nursing home neglect, legal action may be necessary. A nursing home neglect attorney can help you file a claim to seek compensation for medical expenses, pain and suffering, and other damages.
If the nursing home fails to offer a fair settlement, your attorney may take the case to court to pursue the maximum compensation your loved one deserves. Legal action also sends a powerful message to the facility, encouraging them to improve care for other residents.
How Brown Chiari LLP Can Help
At Brown Chiari LLP, we understand how difficult it is to witness a loved one suffer due to nursing home negligence. Our nursing home neglect lawyers have extensive experience holding facilities accountable for elder abuse, wrongful death, and other forms of neglect.
We know how to handle complex nursing home neglect cases and will gather evidence, interview staff members, and work with medical experts to build a strong case. Our legal team is committed to ensuring that vulnerable residents receive the proper care they deserve.
Contact Us for a Free Case Review
Learn more about what to do when nursing home neglect leads to serious injury. Call Brown Chiari LLP at (716) 681-7190 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.
Nursing Home Neglect FAQs
1. What is nursing home neglect?
Nursing home neglect occurs when nursing home staff members fail to provide adequate medical care, proper hygiene, or essential support to residents. It can lead to serious injuries, health problems, and even wrongful death.
2. How do I report nursing home neglect?
You can report nursing home neglect to Adult Protective Services or the New York Department of Health’s Health and Human Services division. Reporting nursing home neglect can trigger an investigation and protect your loved one from further harm.
3. Can I sue a nursing home for neglect?
Yes, you can file a nursing home neglect lawsuit if you believe the facility failed to provide proper care or engaged in negligent hiring practices. A nursing home neglect lawyer can help you seek compensation for medical expenses, pain and suffering, and other damages.
4. What compensation can I recover in a nursing home neglect lawsuit?
Compensation may include payment for medical bills, pain and suffering, emotional distress, and wrongful death damages. Your nursing home neglect attorney will help you calculate the total value of your claim.
5. How can a nursing home neglect lawyer help my case?
A nursing home neglect lawyer will investigate your claim, gather evidence, and file a lawsuit on your behalf. They will also negotiate with the facility to ensure fair compensation for your loved one’s injuries and suffering.
If you suspect your loved one is a victim of nursing home neglect, don’t wait. Call Brown Chiari LLP for a free case review and take the first step toward holding the facility accountable.
