Do You Suspect Nursing Home Abuse? The Benton Law Firm Can Help.
If you suspect that a loved one is being abused in a nursing home setting, contact the seasoned Dallas legal team at The Benton Law Firm for help. We can review the situation, gather evidence, and seek justice for your loved one. Call us today at (214) 777-7777, and let’s get to work on changing your loved one’s situation for the better.
The World Health Organization estimates that at least one in six individuals over the age of 60 will experience some form of abuse while living in a nursing home setting. With nursing homes already over-populated and understaffed and more people aging into the system, these numbers are expected to rise. Nursing home abuse is a completely preventable problem. At The Benton Law Firm, we believe that no one deserves to have their golden years tarnished by abuse.
The legal team at The Benton Law Firm wants to stand up for victims of nursing home abuse by protecting their rights, holding nursing homes and caregivers accountable for their mistreatment and neglect, and getting residents the fair compensation that they deserve. Yet, that doesn’t begin until you pick up the phone. You are your family member’s best advocate, and we are yours.
Table Of Contents
What is Nursing Home Abuse?
Nursing homes and long-term care facilities are charged with caring for the daily living and medical needs of their elderly residents. Nursing home abuse happens when a nursing home or its staff members are in dereliction of this duty. Simply put, nursing home abuse occurs when any type of harm or injury comes to an elderly nursing home resident. In many cases, this harm is perpetrated by a caregiver or staff member of the nursing home itself. Additionally, someone else could be responsible for the abuse.
Abuse can be systematic and intentional, but it can also be unintentional and the result of poor administrative practices, oversight, and circumstances. However, there is no justification for abuse. No matter its cause or the reason that it happens, abuse must be confronted, and the perpetrators held accountable for their actions. That’s where the attorneys at The Benton Law Firm come in. Our attorneys are committed to helping abuse victims and their family members seek both justice and compensation following serious nursing home abuse claims.
Types of Nursing Home Abuse
The phrase “nursing home abuse” encompasses a wide range of different abusive behaviors and patterns. Too often, family members think only in terms of physical abuse, where bruises and broken bones are the visible signs of trouble. That’s not the only type of danger. Nursing home abuse can take several different forms, and although the signs can be more subtle and difficult to detect, all forms of abuse eventually leave their mark on elderly victims.
Studies have found that elderly residents who have experienced any form of abuse have a 300 percent higher risk of death than those individuals who have never been abused or mistreated.
To be able to identify abuse, one must first understand the different forms that abuse can take. The most common forms of nursing home abuse include:
- Physical abuse happens when there is any form of physical contact that harms or injures an elderly resident. Physical abuse can include hitting, kicking, scratching, slapping, biting, or burning. Physical abuse may also include the unnecessary use of restraints on an elderly individual.
Psychological or Emotional Abuse
- Emotional abuse can be more subtle but no less damaging to the health of an elderly nursing home resident. Psychological abuse or emotional abuse involves a caregiver or staff member inflicting emotional distress on a resident or using manipulation tactics to elicit a negative psychological response. This type of abuse may include yelling, using verbal threats, intimidation, belittling, humiliating, scapegoating, or ridiculing. Emotional abuse can include isolation tactics as well.
Sexual Abuse
- One of the most under-reported forms of nursing home abuse is sexual abuse. This is any form of unwanted sexual contact forced on a nursing home resident. Sexual abuse also includes sexual contact with an elderly individual who does not have the physical or cognitive ability to give consent to the act. Fondling, rape, forced masturbation, and inappropriate touching are all forms of sexual abuse. However, other behaviors such as taking pornographic or inappropriate photographs or videos of a resident, forcing a resident to watch pornography, or forcing a resident to watch someone masturbate, can also be considered sexual abuse.
Financial Abuse
- Financial abuse also tends to be under-reported in nursing homes. Financial abuse happens when someone close to the resident takes advantage of them for financial gain. Caregivers may exploit a resident by stealing valuables from their room, stealing checks or banking information, or even stealing their identity. Abusers may also influence residents into “investing” in scams or fraudulent business proposals. Financial abuse costs elderly individuals billions of dollars. Some estimates say as much as $37 billion dollars are lost to abusers every year in this type of crime.
Neglect
- Technically, even the absence of care is considered abuse. Neglect is a serious nursing home problem that essentially amounts to abuse through a lack of proper care for the basic needs, medical needs, and emotional needs of residents. Neglect is supremely dangerous, especially for residents with medical conditions, limited mobility, or cognitive issues.
Signs of Nursing Home Abuse
Nursing home abuse can take many different forms, which means that warning signs of abuse can take several different forms as well. While unmistakable cuts and bruises may signal signs of physical abuse, poor hygiene or malnutrition may be signs of neglect or emotional abuse. It is massively important for friends and family members to learn to recognize the multiple different signs of abuse and to trust their instincts when it comes to their family members’ health and behavior. You may be the first line of defense when it comes to finding and addressing abusive nursing home practices.
While this may seem daunting, it is important to recognize that many times abuse goes unreported because nursing home residents are not always able to advocate for themselves. In many cases, abusers choose victims that are physically or cognitively impaired. They feel they can continue to get away with the abusive behavior because their victim is unable to communicate that abuse is even happening. News articles have chronicled cases where the abuse was vocalized, but claims were brushed aside, and victims were not believed. The abuse continued.
Victims may also be reluctant to come forward for fear of retaliation. Abusers will often threaten a victim to keep them silent. An elderly individual already beholden to the caregiver for medical care and basic necessities may not say anything for fear of losing what little care they have left or for fear of escalating the abusive behavior. Some victims also feel a sense of shame or embarrassment about being vulnerable. They may also feel like loved ones would be burdened if they were informed of the abuse. So, they keep silent in an attempt to save themselves and their family members from more emotional turmoil.
Understanding these factors goes a long way towards understanding why more victims don’t speak up or tell family members what is going on. That’s why it is so important that everyone learns to recognize the signs of abuse. Among the most common warning signs that some form of nursing home abuse may be taking place are:
- Unexplained cuts, marks, or bruises
- Frequent or unexplained falls
- Unexplained broken bones
- Marks from the use of restraints
- Frequent illnesses or infections
- Bedsores
- Sexually transmitted infections
- Bloody sheets or underwear
- Poor hygiene
- Unchanged or unwashed linens or unwashed clothing
- Malnourishment
- Dehydration
- Sudden change in eating or sleeping patterns
- Anxiety
- Depression
- Mood swings
- Suicide attempts
- Refusing to cooperate with certain staff members or caregivers
- Withdraws from family and friends
- Withdraws from favorite activities
- Sudden changes in a financial situation
- Possessions that go missing from their room
How Can a Dallas-Ft. Worth Attorney Help You or Your Family?
Nursing home abuse is traumatic and can have a significant impact on an elderly resident’s physical and emotional well-being. You have the power to advocate for your family member and get them the justice and compensation that they deserve. The nursing home or caregivers involved deserve to be held accountable for these tragic circumstances.
If you suspect that your loved one is in an abusive situation, contact the legal team at The Benton Law Firm for help. We can review your loved one’s situation and investigate serious claims of abuse. For more information about your legal options and how we can protect your loved one’s rights, contact us today by calling (214) 777-7777. Our team of skilled attorneys is ready to get involved and help you fight back against nursing home abuse.