Nursing Home Abuse Questions

I think my mother has suffered neglect while in a nursing home, do I have a case?

The term neglect in a legal sense means that the nursing home failed in their duty to provide essential services. This means things like medical care, food, the proper physical environment, supervision and clothing. Unfortunately, even in modern times, neglect still happens to the elderly. When you contact us, we will try to determine if your case meets the legal standard.

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Should I report it if I think there has been abuse or neglect?

Yes. Montana has a system in place to report suspected abuse or neglect. This will trigger an investigation, but if you remain silent, others may suffer as well. Reporting is just the first step however. You may also sue to recover damages in your loved one's name. If they are competent, they will have an action directly; if they are not (or have died) you may have an action in their stead.

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What rights do nursing home residents have?

In no case is abuse allowed. Under Medicare rules, certain rights are outlined directly. These are a good guide. They include the right to be free from abuse (sexual, physical, mental or verbal). So called, "chemical restraints" are also not allowed. A chemical restraint is a medication given solely for the convenience of the nursing home staff without a medical reason. When restraints are used to prevent self injury, there are very specific conditions and rules about how long they may be used, for what reasons, and when a person has to be reevaluated.

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Do other types of legal actions affect the ability to recover damages?

Nursing home abuse may be prosecuted with a fine or loss of license by a state authority or it may generate criminal charges against staff or management. These do not limit the ability to sue for damages for a particular case.

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What if someone was injured at a nursing home but wasn't a resident or didn't have a contract with the home?

A nursing home is subject to the same liability laws that govern other businesses. They may be sued for negligence when they are responsible for harm to someone on the premises. The only exception may be for an employee injury that falls under the workman's compensation rules. Please ask us to give you specific advice after reviewing the facts in your case.

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If an employee of the nursing home was abusing someone but got fired, can a suit still be brought?

Yes, depending on what they did. An employee who is acting improperly in the course of their duties represents the nursing home itself. The lawsuit will be against both the employee and the home. Professional medical staff usually have individual malpractice insurance that might also factor in.

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I have heard of "exploitation" claims. What is exploitation for nursing home care?

Because nursing home residents may not have their full mental faculties or may trust their caregivers more than is warranted, they can be victimized as a result. If they are conned or taken advantage of financially, exploitation has occurred. One example might be getting them to pay for luxury items they do not use or want; another gross violation would be filling out a credit card application in their name and then using it for personal gain of a staff member. Exploitation may be outright theft or fraud but usually has elements of undue influence, pressure, or trickery.

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What are the signs of nursing home abuse?

Abuse can be hard to spot and your loved one may fear telling you the truth about what's going on. Some neglect will be passed off as part of the aging process. You should consider abuse if you notice these signs and do not get convincing answers when you inquire about the condition of your loved one.

• Changes in personality not related to medical condition – withdrawn, anxious, depressed, fearful or agitated.
• Bruising, especially in odd locations or without valid reasons.
• Broken bones, sprains or any injury that is unexplained.
• Loss of weight might indicate a nutritional deficiency.
• Burns
• Damaged or missing property. Sometimes residents are "punished" by staff in such ways.
• Bed sores or unsanitary conditions
• Missing medications

Your best ally is your gut instinct. It is possible to monitor the situation more closely, get a second opinion or initiate an investigation to find out the truth.

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