Nursing Home Abuse

You place a loved in an assisted-living facility with the expectation they will be well cared for by a professional and qualified staff that adheres to strict codes of conduct. Unfortunately, this is not always the case. There are times nursing home residents are neglected and subject to physical and mental abuse by the staff, or simply are neglected due to improper care.   Statistics on the dimensions of this problem in nursing homes are staggering.  According to the National Center on Elder Abuse:

  • Nearly 1 in 3 U.S. nursing homes have been cited for violations of federal standards that had potential to cause harm or that had caused actual harm to a resident.
  • One study of home residents reported that 44% said they had been abused and 95% said they had been neglected or seen another resident neglected.
  • Another study showed that over 50% of nursing home staff admitted to mistreating older patients through physical violence, mental abuse or neglect.

Burke Wise Morrissey Kaveny represents individuals and families when negligence at assisted living care facilities arises from negligence due the failure of nursing home staff to provide adequate medical care and adequate supervision to patients resulting in serious injury or even death.

An important part of what we do is help family members and other loved ones of an elderly person to be alert for signs of abuse. “Hard evidence” is not necessary to inform our lawyers that abuse potentially is occurring. In many situations, abuse can be subtle or happen gradually. However, we counsel clients that the more specific details they can provide, the clearer the picture of abuse can become. It can be a real challenge to respect an older adult’s right to autonomy while at the same time making sure they are properly cared for. Any family member’s concern that a relative’s safe care is compromised can be grounds for legal action, whether through appointing a legal guardian or pursuing litigation against a care facility.

Our lawyers hold nursing homes to their duty to exercise reasonable care to prevent injury to its patients, and can demonstrate the reasonable care that could be expected in light of the patient’s physical or mental condition. We effectively document the known or foreseeable consequences of the patient’s impairment, including reasonable precautions the nursing home should have taken to protect those unable to protect themselves from such typical trauma as falls, burns, bed sores or assaults by other patients. The resulting physical trauma can be severe, and our ability to secure just compensation can help assure more effective future care in the event of injury, or compensate families for a family member’s death due to accident or negligence.

Successes

$400,000 Settlement in Nursing Home Fall, Paralysis

Our client was an elderly woman who suffered spinal cord damage from a nursing home fall. The condition resulted in paralysis within several days of…

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$300,000 Settlement for Fatal Nursing Home Negligence

After falling at a nursing home, a male resident of a nursing home failed to regain his ability to speak, was not arouseable, and did…

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