Nursing Home Abuse
You sent a loved one to a nursing home so that they could receive the care and services they need. The last thing you would want is to know that your loved one has been harmed in an act of negligence, neglect, of abuse at the very hands of the care provider. In one severe instance of neglect and abuse in a nursing home located in Illinois, a 97-year-old woman was found in a room lying in her own waste while her body was riddled with a multitude of serious bruises that nursing home staff had no explanation for. In another incident concerning a resident in a Minnesota nursing home, a defenseless 83-year-old woman was sexually assaulted on multiple occasions by a nursing assistant. Similar abuses were also reported in North Carolina, Texas, and Iowa. These willful or negligent acts are devastating. No one wants to believe nursing home horror stories could happen to them or their very own loved ones.
With the placement of the elderly in nursing homes and other residential care facilities becoming more common, abuse of the residents are now a recognized problem with widespread public attention surfacing since the 1970s. In 2014 alone, the number of nursing home residents was about 1.4 million, while the number of residents in residential care communities was 835,200. According to the National Center on Elder Abuse, the prevalence of elder abuse is approximately 10%, including physical abuse, psychological abuse, sexual abuse, financial exploitation, and neglect. In the state of New York alone, one in every thirteen elders had been a victim of abuse. Elders in general who experienced abuse have a 300% higher risk of death compared to elders who have not been abused.
A nursing home that accepts Medicare is required under federal regulation 42 CFR sec. 483.25 (h) to ensure that the resident environment remains as free of accident hazards as possible, and that a resident receives adequate supervision and assistance devices to prevent accidents. If you or a loved one was harmed by a nursing home, convalescent home, rest home, or elder care facility you may have a personal injury or medical malpractice claim. Abuse of an elderly person can come in many forms, including physical, psychological, financial, hospitalizations & disability, medical, and others. Common behaviors that may entitle you to a claim includes:
- Failure by the care facility to keep the premises reasonably safe from hazards.
- Negligent hiring of staff.
- Negligent training and supervision of staff.
- Negligent supervision of residents.
- Failure to provide and maintain sanitary living conditions.
- Failure to provide the medical standard of care expected for each circumstance.
- Sexual Assaults of residents.
Our personal injury attorneys here at Mitcheson & Lee understand the difficult decision of admitting a loved one to a care facility and the difficulties in finding out that the loved one was experiencing abuse and/or subpar care. At Mitcheson & Lee, our knowledgeable attorneys are ready to fight for your rights. Our goal is to obtain justice and maximum compensation for our clients and their loved ones. If you or someone you know was injured in a nursing home, please contact Mitcheson & Lee at (617) 939-4388 or (781) 223-3635 to schedule a complimentary consultation.