As Nursing Home Abuse Lawyers, we have seen some horrific situations regarding the care of our elderly population.
It is unknown how many of our vulnerable elderly fall victim to neglect or abuse each year since such actions are easily hidden from view and underreported. In fact, according to the National Center for Elder Abuse (NCEA), 84 percent of abusive situations involving older adults go unreported or unrecognized. However, what is clear is that the frequency of nursing home and elder abuse and neglect will increase over the next several decades as the baby boomers age. If you suspect that your loved one is suffering from neglect or mistreatment, you should contact the knowledgeable nursing home abuse lawyers at Tittle & Perlmuter as soon as possible. Our personal injury attorneys are experienced in helping those who have been abused or neglected and are available to help assist you in seeking compensation.
Elderly and Nursing Home Abuse and Neglect Cases
Nursing home and elder abuse cases can stem from care being received at a nursing home, a bed and board facility, an assisted living facility, a hospital, a long term acute care hospital, or some other type of medical care facility. The most common signs of nursing home or elder abuse are the following:
- A significant and unexplained weight loss – this is a sign of malnutrition or dehydration
- Unexplained bruises, cuts, burns, sprains or fractures, such as hip fractures or broken arms
- Bedsores, pressure sores or frozen joints
- Venereal disease or genital infections
- Loss of resident’s possessions
- Unexplained withdrawals from bank accounts, or changes in banking practices
- Sudden changes in will or other financial documents
- Sudden changes in behavior.
Signs of Care Facility Abuse or Neglect
These signs of nursing home abuse and neglect can be the result of any of the following:
- Neglect – the refusal or failure to provide the services, including therapy, medicines and care, an elder (or dependent adult), needs, as well as understaffing. This can come in the form of failure to provide adequate medical care or allowing the elder to become dehydrated or malnourished.
- Physical abuse – which in addition to slapping, hitting, punching, kicking, beating, burning, scratching and pinching, also may include force-feeding, inappropriate use of drugs or physical restraints, or withholding necessary care;
- Emotional abuse – such as causing distress or mental pain and anguish through verbal or nonverbal acts, such as humiliation, intimidation or threats.
- Sexual abuse – Sexual contact of any kind that is non-consensual. This includes unwanted touching, harassment, rape and other acts either unwanted or the elder is not able capable of giving consent;
- Exploitation – Illegally taking, concealing, or misusing funds or property belonging to a resident for the benefit of another.
Be aware that there are strict time limits you must meet to file a lawsuit. These time limits are complex and strictly enforced by the courts. It is in your best interest to speak to an experienced nursing home neglect attorney as soon as possible.
What is Nursing Home Abuse?
Up to 1 in 6 nursing home residents may be the victims of neglect and abuse. However, only about one in three elder abuse victims will report the mistreatment. Identifying elder abuse can be difficult. Many of the warning signs are also signs of the physical and mental deterioration, an everyday part of aging. Recognizing and reporting the signs of nursing home abuse keeps our loved ones safer. You may even find yourself in need of nursing home abuse lawyers at some point.
Physical Abuse in Nursing Homes
Physical abuse is any kind of intentionally applied physical force resulting in bodily harm, physical pain, distress, impairment, illness, or death. Types of physical abuse include hitting, beating, shoving, burning, kicking, slapping, choking, the use of physical restraints without warrant, and more.
An abusive caregiver is not likely to be physically violent with your loved one in your presence. However, physical abuse might be happening if you notice:
- Unexplained bruising, especially in areas that indicate restraint (such as wrists, arms, legs, and ankles)
- Broken bones or other unexplained injuries
- Sudden onset of pain or physical/mental deterioration
- The appearance of being over- or under- medicated
- Unexplained cuts or lacerations
- Sprains and fractures
Sexual Abuse in Nursing Homes
Sexual abuse occurs more often in nursing homes that you might think. Any unwanted sexual contact or exposure is sexual abuse. This includes touching, undressing, flashing, or forcing an individual to witness sexual acts or video. The signs can be difficult to detect in cases where the victim cannot report it. But they may include torn or stained undergarments, bruised genital areas, or symptoms of a sexually transmitted disease.
If the elder is deemed unable to give informed approval, all sexual contact is considered sexual abuse. Signs of sexual abuse to an elder could include but are not limited to:
- Bruises on various parts of the body
- Genital bleeding
- Emergence of STD’s
- Stained undergarments
- Dramatic change in behavior
Emotional Abuse in Nursing Homes
Emotional abuse includes both verbal and nonverbal behavior resulting in the infliction of fear, pain, distress, or anguish on the elder. Verbal assault, humiliation, threats, intimidation, and isolation are all examples of emotionally abusive behaviors. Oftentimes during emotional abuse, the elder is treated like a child and experiences feelings of seclusion, social isolation, and severe limitations.
Signs of emotional abuse against an elder often include:
- Sudden unresponsiveness or lack of communication
- Dramatic or unusual change in behavior
- Sudden depression or unwillingness to engage in activity
Neglect in Nursing Homes
Nursing home neglect is the failure or refusal to provide an elder with the basic care needed to live a comfortable and healthy life. Neglect falls on caregivers or the party responsible for protecting the person from harm.
The refusal or failure to provide basic life necessities such as water, food, clothing, and personal safety is classified as neglect. Other examples include failure to provide essential medical care, proper nutrition, adequate hygiene, shelter, access to healthcare services, and more.
Although it can occur intentionally, neglect is typically the result of understaffed and overworked employees. The warning signs of nursing home neglect include:
- Noticeable malnutrition or dehydration
- Noticeable unsanitary living conditions
- Worsening or untreated bed sores
- Worsening on untreated health issues
- Falls and other injuries
- Unexplained weight loss
- Poor hygiene
Abandonment of Elderly
Abandonment is the intentional desertion of a senior by a responsible party or caretaker. Abandonment can be especially dangerous to an elder affected by Alzheimer’s, dementia, or another serious mental condition. Oftentimes, abandonment can lead to depression, illness, and even death.
Signs of elder abandonment could include:
- Elder being left in a public place (EX: Shopping mall, Public park, Etc.)
- Elder being dropped off and/or left at a nursing home, assisted living facility, or hospital
Financial Abuse of Elderly
One of the most common types of abuse, financial abuse deals with the “illegal, unauthorized, or improper use of an older individual’s resources by a caregiver or other person in a trusting relationship, for the benefit of someone other than the older individual” (CDC).
There are a variety of examples of financial abuse including but not limited to taking money without the elderly person knowing and/or consenting, illegally signing the elder’s checks, convincing the elder to sign documents without understanding them, illegal or improper use of power of attorney (POA), and taking possessions of the elder without consent.
Signs of financial abuse or exploitation may include:
- Dramatic changes in the elder’s bank account without explanation
- The sudden disappearance of the elder’s possessions or funds
- The use of the elder’s ATM card without consent
- The change of names or details to legal documents without the elder knowing
- The appearance of the caregiver or responsible parties name on the elder’s bank card
- The transferring of assets or possessions to a non-family member
Self-Neglect of Elderly
According to the Elder Justice Act, enacted in 2010, elder self-neglect is defined as the “inability, due to physical or mental impairment or diminished capacity, to perform essential self-care.”
According to experts in the field, “Self-neglect is one of the most challenging issues in elder protection, and it dominates the work of Adult Protective Services (APS) units across the country”. Over two-thirds of the cases reported by APS are self-neglect cases, taking on more than 142,000 of these specific cases is one year alone.
The most common situation where elders are seen engaging in self-neglect is when the person becomes either mentally or physically unable to care for themselves and are left with no caregivers, responsible parties, or family members to assist them.
Examples include failure to properly nourish or hydrate themselves, failure to keep up with their property or possessions, failure to take necessary medications, putting themselves in unsafe situations, etc.
Signs and symptoms of self-neglect may include:
- Homelessness or lack of proper shelter
- Living in unsafe conditions relating to wiring, plumbing, or cleanliness
- Failure to take necessary medications
- Failure to use necessary health-related precautions
Warning Signs of Nursing Home Neglect
Nursing homes have a duty to care for the residents at each facility, but unfortunately, neglect happens because of understaffing, negligent work practices, or just plain cruelty. Our law firm tries to prevent nursing home neglect and abuse from happening by informing the public. We especially want to tell families of nursing home residents, on what the possible signs of neglect are so they know what to look out for.
Significant Weight Loss
Falls & Fall-Related Injuries
In many instances, nursing home residents need assistance with daily activities. These include getting out of bed, making their way to another room, or even going to the bathroom. Staff at the nursing home are needed to monitor and help certain elderly individuals with these tasks so they don’t fall. If you receive multiple calls that your family member is falling or is suffering from fall-related injuries, it could mean that the staff is neglecting their patients.
Pressure Sores
Certain residents need extra assistance because they’re either bound to their wheelchair or are bedridden. It is the nursing home staff’s duty of care to reposition, move, and turn these patients throughout the day. If they don’t, pressure sores – also known as bed sores – may form on a resident. Pressure sores can cause skin and underlying tissue damage, infections, or even death if left untreated. Pressure sores are preventable, but nursing homes may avoid this basic medical protocol by ignoring the simple tasks of moving patients.
Why Is Neglect Happening?
Neglect stems from a variety of reasons. Sometimes, nursing homes fails to train their staff or ensure the staff has proper experience in caring for patients. The most basic reason, however, is money. The nursing home puts profit over patients and cut staff, leading to gross understaffing.
If you think a loved one is a victim of neglect, contact a nursing home neglect attorney for advice on your next step.
What to Do About Suspected Nursing Home and Elder Abuse
If you suspect your loved one has been a victim of nursing home abuse, first report your complaint to the Ohio Department of Health, Bureau of Long Term Care. Then, contact a care facility abuse lawyer. The nursing home may owe compensation for the physical, economic, and emotional damage you have suffered.
Tittle & Perlmuter have extensive experience as personal injury attorneys. We offer a complimentary initial consultation to anyone concerned about a loved one’s medical negligence or mistreatment. Contact us today to schedule an appointment at our Cleveland, Lakewood, and Elyria locations.
What are the Most Common Types of Abuse the Elderly Might Face?
According to the Centers for Disease Control and Prevention (CDC), 1 out of every 10 people ages 60 and older experience some form of elder abuse. In reality, this number is expected to be even higher due to the fact that many victims are unable to report the violence out of fear or inability.
Elder abuse is defined by the CDC as an “intentional act, or failure to act, by a caregiver or another person in a relationship involving an expectation of trust that causes or creates a risk of harm to an older adult”.
The National Center on Elder Abuse recognizes seven kinds of elderly abuse.
- Physical Abuse
- Sexual Abuse
- Emotional Abuse
- Neglect
- Abandonment
- Financial Abuse
- Self-Neglect
How Do I File a Nursing Home Complaint?
If Tittle & Perlmuter takes on a case, the experienced legal team is jumping in head first. Unfortunately, that means we have to be selective in the cases we choose.
If a nursing home neglect and abuse lawyer doesn’t take your case, it doesn’t mean you shouldn’t file a formal complaint relating to the care involved.
Anyone can file a formal complaint against a nursing home relating to resident care. In the state of Ohio, all complaints are done through the Ohio Department of Health (ODH) and there are multiple ways someone can file a formal report.
Three ways to file a nursing home complaint in the state of Ohio are:
- Over the Phone
- Online
Over the Phone
To file a nursing home complaint over the phone, call the ODH Complaint Line number at 1-800-342-0553. If unanswered, this complaint line is covered twenty-four hours, seven days a week by voicemail and is checked at least twice per day.
Email
To file a nursing home complaint by e-mail, include as much detailed information in your complaint to and send to HCComplaints@odh.ohio.gov.
Helpful information could include:
- Name and address of the facility
- Date and time of the incident
- Name of the resident, patient, and staff allegedly involved
Online
To file a nursing home complaint online, complete the Complaint Form (HEA 1685) online and submit the form to the Complaint Unit.
How Can Tittle & Perlmuter Help if a Loved One is a Victim of Nursing Home Neglect?
With offices in both Cuyahoga and Lorain counties, Tittle & Perlmuter is able to prosecute nursing home neglect cases all over Ohio. When Tittle & Perlmuter takes on a nursing home mistreatment case, a thorough investigation will take place, which, in part, will determine who may be held liable for their actions. For example, the following claims may be made in a nursing home neglect cases if warranted:
- Nursing home malpractice or negligence, also known as medical negligence
- Negligent hiring
- Negligent training
- Failure to monitor staff properly
- Failure to provide necessities, such as food and water
- Failure to protect residents from health and safety hazards
- Use of dangerous or unreasonable physical restraints
- Intentional abuse of residents by staff members
Because of the complexity of these types of cases, it is important to hire an experienced nursing home abuse law firm – Tittle & Perlmuter is just that.
