Nursing Home Neglect
California’s warm weather and ocean proximity is an attractive feature for many individuals who have decided to live in a nursing home facility. However, not all nursing facilities are created equal, and sometimes nursing home facilities’ characteristics are overlooked. Because nursing home facilities are so secluded from the outside world, some behaviors inside the facility may go unnoticed to everyone else, but you or your loved one may be feeling neglect, and you are not sure what to do next. Contact a legal counsel if you want to file against nursing home neglect.
Nursing Home Neglect Attorneys in Glendale, CA
As a resident, or the family of a resident, you may start noticing challenges within the nursing home facility, and you may wonder if there is any action you can take to change the situation. Neglect is a serious issue that cannot go unnoticed any longer. Nursing home neglect can lead to a serious injury, or even an accident.
At Yarian & Associates, APC, we understand family is a top priority for you, and you do not want your loved one to be mistreated. If the nursing home’s neglect has caused the resident to suffer injuries or psychological issues, we can file a lawsuit on your behalf.
Contact our attorneys at (844) 291-1911 for confidential consultation. Yarian & Associates, APC works with residents in the counties of Los Angeles and Tulare.
Overview of Nursing Home Neglect
- What is Considered Neglect?
- Signs Your Loved One Is Being Neglected
- Liability for Nursing Home Neglect
- Additional Resources
What is Considered Neglect?
Neglect is usually determined by the amount of attention that is paid to the person or thing. Nursing home neglect can exist when the facility and nursing home workers fail to provide the proper care necessary for residents. Although nursing home abuse can be seen on the same level or considered to be even worse, nursing home neglect can have similar gruesome long-term effects. When the resident is uncared for, it can lead to worsening conditions, especially if the resident is already suffering from a serious disease or illness. Neglect of a patient can also lead to the patient feeling unwanted and rejected.
Nursing home staff handle every aspect of a resident’s life for them. Some of the neglectful actions that can take place include:
- Poor Maintenance/Living Conditions – Part of the reason residents and elderly people are living in a nursing home with assisted living is because they are not able to keep up with certain work by themselves. Nurses are responsible for cleaning the resident’s room, changing bed sheets, and doing laundry. Poor maintenance and living conditions can hinder a resident’s environment and affect their mental health.
- Lack of Hygiene – residents need assistance to take a shower and to put on clothes. If a resident is not showering regularly, they can start to feel dirty and have a bad self-image. Because there is not much life outside of the nursing home, a good hygiene can be part of what keeps individuals feeling like normal and keep a positive outlook on their lives. On the other hand, poor hygiene may also be problematic for some residents who are prone to infections or viruses.
- Malnutrition – Residents should have scheduled meals each day. If residents skip meals or are fed poor food choices, their physical well-being is compromised. Residents, like those with diabetes or heart disease, who are on strict diets, must be fed certain types of foods and maintain certain glucose levels in order to prevent any worsening conditions.
- Isolation – No one likes to feel isolated, especially residents of a nursing home. Nursing homes are meant to be interactive places where residents can interact with each other and participate in daily activities. When residents are secluded and isolated, this can impact their mental health severely. Especially if visitors aren’t frequent, residents can end up feeling depressed and sick. Residents should always be included in activities and allowed to interact with others daily. Nurses should also be chatting with residents daily to keep up with the resident’s social skills and be updated on the resident’s needs.
- Improper care – Certain residents may have certain illnesses or conditions that require extra care. Residents who must take medications or need insulin doses daily require an extra level of attention. If the staff at the nursing facility fail to administer medication or even give the wrong dose, a resident can fall critically ill, up to death.
Signs Your Loved One Is Being Neglected
Knowing if your loved one is being neglected can be very difficult, because nursing homes are generally closed off from the rest of the public. However, even if the resident or individual has limited communication abilities, there are noticeable signs that one can keep up with such as the following:
- Poor hygiene: If you can tell your loved one hasn’t showered in a while or their appearance seems unkept, the staff may be neglecting the resident’s hygiene.
- Poor living conditions: If you are visiting your loved one and their room appears messy or untidy, then that may be a sign of the nursing home staff not dedicating enough time to your loved one or their environment.
- Physical signs of lack of nutrition: A clear sign of lack nutrition is a resident that has lost extensive weight. If the resident is unfed or fed the wrong foods, their physical health may already be suffering. Their health measurements such as blood sugars or blood pressure may not be doing as well as before.
- Loss or lack of mobility- If a resident is not taken out to walk or perform some movement outside of their bed, their body may be suffering. A loss or lack of mobility may be a sign of the lack of exercise.
- Unexplained injuries – If a resident spends too much time on their bed, they can develop bed sores, which can impact their physical mobility. Similarly, if a resident’s needs aren’t being met, he or she may attempt to reach for things on their own and can end up falling or worse. Any bruise, cut, strain, or fracture can be a sign of serious lack of attention to the resident.
- Psychological Issues – If the resident is being ignored or secluded, this can cause them to enter a depressive state. A clear sign of this may be in the resident’s change in outlook on life or signs of suicidal thoughts.
- Limited social skills – The resident may not be as social as before or may appear to have worsening social skills. If the resident is not encouraged to talk or be social, their social skills start diminishing.
- Physical signs of distress – If a person appears to be stressed or in severe pain, their physical appearance will most likely show it. The person’s appearance may show lack of sleep. He or she may not be acting as usual and look down or sigh a lot.
- Lack of Information from Staff – A clear sign of lack of attention may be in the way the staff communicates with you. If their information about the resident is very limited or non-existent, they may not be keeping up with the resident’s behavior or state of being at all.
Liability for Nursing Home Neglect
When considering the liability of a nursing home, 42 CFR §483.10 outlines a nursing home resident’s rights which include the right to quality care inside the nursing home.
Because nursing home neglect can have severe consequences such as resident injury or death, nursing home neglect can be tried under both criminal and civil procedures.
The recovery for a lawsuit may depend on the severity of the neglect and its consequences. In personal injury cases, if the resident has suffered injuries, he or she is eligible to receive an award for medical expenses and pain and suffering. A nursing home neglect lawsuit can personal injury cases, if the resident has suffered injuries, he or she is eligible to receive an award for medical expenses and pain and suffering. A nursing home neglect lawsuit can also qualify for receiving punitive damages if the conditions of neglect appeared to be severe.
Nursing Home Stats | Center for Disease Control and Prevention (CDC) – The CDC provides information about nursing homes inside the United States. The data it provides includes the types of services offered in nursing homes and the service providers.
Nursing Home Rating | Centers for Medicare and Medicaid Services (CMS) – The CMS office has implemented a point system to rate nursing homes across states. The point system is designed to help families compare options between nursing homes and prioritize what’s important to them.
Attorney for Nursing Home Neglect in Los Angeles County, CA
Nursing home neglect can appear to be subtle but can be damaging for residents of the nursing home. Neglect can affect a resident’s mental health and lead him or her to have worsening physical conditions. As residents looks to the nursing home as his or her lasting place, they need to be provided with the best care possible.
Our attorneys at Yarian & Associates, APC are experienced litigators with cases of negligence in which a duty of care was failed to be received, and the victims are now suffering long lasting effects. We will fight aggressively for your rights inside the courtroom.
Contact Yarian & Associates, APC at (844) 291-1911 to receive a free consultation or fill out an initial contact form at the bottom of the page. We work with clients in the areas of Glendale, Los Angeles, Riverside, Fresno, and more.