Elder Abuse

December 3, 2021

What Happens When Nursing Home Residents Abuse Other Residents?

If your parent or loved one lives in a nursing home, you need to check in with them to make sure that they are being treated well by the staff. Unfortunately, residents can be subject to abuse and neglect by the very caregivers that are hired to help them. Other times, these caregivers aren’t committing the abuse themselves, but aren’t adequately protecting them from other resident abusers. This raises the question of how nursing home caregivers are responsible when other parties abuse the residents.

While much attention is concentrated on the nursing home staff abusing residents, there are also instances of the residents suffering abuse at the hands of other residents. According to a 2014 study at Cornell University, one in every five nursing home residents had been impacted by a form of resident-on-resident mistreatment during a four-week span. The mistreatment mostly consisted of verbal abuse, but there were also instances of physical and sexual abuse as well.

What Contributes to Resident-on-Resident Abuse?

October 29, 2021

What Should You Know about Security in Nursing Homes?

By Walton Law, A.P.C.

If you’re trying to choose a nursing home for your parent or other loved one, don’t forget to think about security considerations. Even if they are already a nursing home resident, you should keep an eye out for possible safety issues.

What Can Happen with a Lack of Security in Nursing Homes?

Being secure in one’s living environment is important for everyone, but living in a nursing home comes with specific challenges. When security measures aren’t properly addressed, it can have dangerous consequences for nursing home residents.

October 8, 2021

Why Do People Get Infections in Nursing Homes?

By Walton Law, A.P.C.

Placing a loved one in a nursing home can feel like a great solution. You don’t have to worry about them being home alone where they can’t do things for themselves. However, there are many issues to worry about when they do make the transition to a nursing home. One of the unfortunate things that accompanies these living conditions is the high risk of infection. Read on to learn about why this is such a hazardous environment and what nursing homes should be doing to prevent infections.

Risk Factors for Infections in Nursing Homes

There are various reasons why nursing home residents are likely to get infections, including the following:

September 24, 2021

Women are More Likely to Experience Nursing Home Abuse

By Walton Law, A.P.C.

Nursing home abuse takes place when caregivers harm residents of the facilities. Whether it’s intentional or unintentional, it’s still considered abuse and the consequences can be dire, with the end result of distress, physical pain, medical injuries, or even death in extreme cases. Certain groups are more vulnerable than others when it comes to abuse; like many other types of abuse, victims of nursing home abuse are more likely to be women.

Women are More Likely to be Elder Abuse Victims

For elder abuse in general, studies have shown that individual-level factors which may increase the risk of abuse include the gender of the victim. Women likely have a higher risk of more constant and severe forms of injury and abuse.

August 27, 2021

Questions to Ask Nursing Home Residents about Abuse

By Walton Law, A.P.C.

The statistics about the frequency of nursing home abuse and neglect are far too common. It doesn’t even take in consideration, the numerous cases that go unreported every year. When it does happen to them, nursing home residents may be reluctant to speak out because they are afraid that reporting it will result in additional abuse. Sometimes victims of abuse carry shame and embarrassment and sometimes they suffer from dementia and other ailments which make it difficult to report the mistreatment. To help protect your relatives and loved ones, you can ask them questions that can get them talking and can result in exposing nursing home abuse.

Questions about Daily Activities

It’s important to ask about the residents’ daily activities and whether anyone is interfering with them. When this does occur, it can be considered willful deprivation and shows signs of neglect or a form of emotional abuse that attempts to exert control over individuals. Here are questions to ask:

August 20, 2021

Why Well-Timed Hospital Care is Significant to Nursing Home Residents

By Walton Law, A.P.C.

When you and your loved one decides that it’s time for them to move into a nursing home, you have likely made the decision based on the difficulty of them staying in their own home. You expect to depend on the care that they will receive from the nursing home staff. On some occasions, your loved one may need additional help that the nursing home can’t directly supply.

When something goes wrong with a nursing home resident, the first course of action is often to treat the problem onsite first. Depending on the level of harm, this may not be enough to treat the resident. The type of medical issues that older people generally have may require more specialized care that makes a visit to the hospital necessary.

This is why efficient hospital care is a pivotal part of an elderly person’s health care management and should be part of the consideration for nursing home residents. Included in this plan is making certain that speedy transportation is readily available.

July 2, 2021

5 Reasons Why Nursing Home Abuse is Frequently Unreported

By Walton Law, A.P.C.

For residents moving into nursing home facilities, there are a lot of things they must face when they move out of their own homes. Unfortunately, one of the things that they may encounter is abuse of various types, including physical, sexual, emotional, financial, and neglect. But one aspect of the abuse faced by seniors is that a lot of it remains unknown. Some studies indicate that as many as fourteen or fifteen cases of elderly abuse go unreported. Understanding why this happens isn’t simple, but there are possible factors that help to explain this phenomenon. Read on to learn about five reasons why nursing home abuse is frequently unreported.

Failure to Recognize Signs: Nursing home abuse isn’t always obvious, even to the victims. Many of the relatives and loved ones of nursing home residents aren’t familiar with the signs of abuse and thus, don’t take note of them when they occur. Even the nursing home staff may not properly identify the signs of abuse either because they erroneously associate the symptoms with the residents’ age, medical conditions, or cognitive issues, such as dementia or Alzheimer’s disease. This impacts the residents’ own perceptions of what happened to them and makes it difficult to describe the situation or in some cases, adequately recall the experience if they are suffering from emotional conditions, such as PTSD, depression, anxiety, or are disabled. While different forms of nursing home abuse manifest in multiple ways, there are various red flags to look out for. Watch out for the following indicators of abuse:

Bedsores;

June 18, 2021

What are the Recoverable Damages in a Nursing Home Abuse Claim?

By Walton Law, A.P.C.

Being a victim of nursing home abuse is devastating for both the actual victim and for their family members. That is why it can helpful to the injured party to get justice when bringing an elder abuse claim against the nursing home where the abuse took place. Holding a wrongdoer accountable for their bad act(s) goes a long way in helping to right a wrong. There is also the matter of being able to recover compensation. While a victim might be hesitant to go through the sometimes emotionally exhausting experience of filing a lawsuit, (in addition to the time and money involved) it may help to know what to expect if you are able to prevail. There are a lot of concerns as to whether it is worth it to pursue litigation. Read on for important information concerning the recoverable damages available in an elder abuse claim in California.

Statutory Damages for Nursing Home Abuse

Elder abuse is illegal under California state law. If you’re a plaintiff in a lawsuit against the nursing home and you can prevail by showing that the nursing home violated any state or federal regulation, that is relevant to elder care or committed violations under the California Patients’ Bill of Rights, then you can pursue statutory damages.

May 7, 2021

What is the Difference Between Abuse and Neglect in Nursing Homes?

By Walton Law, A.P.C.

Many seniors in the U.S. experience some form of abuse while they are residing in a nursing home. And many cases are unreported. Although neglect is considered a form of abuse, it is also considered a separate type of injury entirely. The distinction is minimal when it comes to ensuring safety for nursing home residents: Either way, you will want to get help for your loved one. However, it is important to recognize the differences and to get clarification on what is truly happening to them in their nursing home. Read on to learn the difference between abuse and neglect.

What is Nursing Home Abuse?

The federal government considers abuse “the willful infliction of injury, unreasonable confinements, intimidation, or punishment with resulting physical harm, pain, or mental anguish.” Nursing home abuse includes several types, including the following:

March 19, 2021

Chemical Restraints in Nursing Homes

By Walton Law, A.P.C.

Many nursing home residents depend on the assistance of staff to help administer their medication. This is a very important aspect of their lives because medication can be needed to help manage existing health conditions and to ensure that the residents can maintain healthy lives. However, there are times when nursing homes improperly use medication as a chemical restraint.

What is a Chemical Restraint?

Thankfully, most nursing homes would never consider using a physical restraint. However, many institutions do indeed use chemical restraints in the form of psychotropic drugs. These drugs can impact the resident’s thoughts, physical responses, and general behavior.