We don’t want our dear loved ones to end up in a bad situation, but circumstances can change and evolve over time – sometimes faster than expected. Are you keeping tabs on your relatives living in nursing homes and assisted care facilities? Their well-being may depend on your observational skills.
You need to be aware of the dangers. Unfortunately, elder abuse and neglect have been reported in many facilities. It has been estimated that every 1 in 10 nursing home residents experiences some form of mistreatment.
Nursing home abuse or neglect can be represented emotionally or physically. Financial exploitation and sexual mistreatment also occur far too often in care facilities. To keep your loved one safe, family members need to be aware of the warning signs of each type of mistreatment and regularly check up on his or her welfare.
Noticing the Red Flags in a Nursing Home
Even before you have placed your loved one in a nursing home, or shortly after he or she has taken up residence there, you or other family members may already notice signs that this home is not the right fit.
On the other hand, even if your loved one has resided in the same facility for some time, you still need to keep an eye out. When something seems to be wrong, look into it right away.
When you act fast to respond to what you have noticed, you can do a lot of good. Early detection can prevent further harm and help ensure that the liable parties are held accountable for their neglect or abuse.
Signs of emotional abuse
Emotional abuse can be subtle but damaging. To detect it, look for:
- Unexplained withdrawal or depression: Your loved one may become unusually withdrawn, shy, or anxious
- Fearfulness or agitation: Warning signs include trembling, avoiding staff, or showing fear when approached
- Inappropriate or sudden changes in personality: Sudden sadness, agitation, or anger can be indicators
- Isolated behavior: If your loved one is kept away from family visits or social interactions, it could be a sign of emotional mistreatment
- Poor personal hygiene: Verbally or emotionally dismissive staff may neglect to support basic hygiene, which can also affect emotional health
Signs of financial exploitation
Financial abuse occurs when caregivers or staff improperly take advantage of nursing home residents’ funds or possessions. To keep an eye out for this, investigate the following:
- Sudden changes in financial accounts: Unexpected withdrawals, unpaid bills, or missing valuables
- Unwillingness to discuss money: The resident may be reluctant or confused when asked about financial matters
- Unusual signatures or forged documents: These can be signs of manipulation or exploitation
- Lack of funds for necessities: Absence of money for medication, clothing, or other essentials
- Unexplained transfer of assets or power of attorney: Be vigilant if your loved one’s legal guardianship has changed unexpectedly
Signs of physical abuse
Physical abuse can cause both internal and external injuries. Don’t minimize the significance of the following signs:
- Unexplained injuries: Unusual or recurring injuries, such as bruises, burns, or fractures, especially in areas that are hard to damage accidentally
- Signs of restraint: Marks around wrists or ankles, or evidence of physical restraint
- Unusual fractures: Rib, skull, or other fractures that cannot be attributed to falls
- Poor wound care or untreated injuries: Indications that injuries are being ignored or not treated properly
- Aggressive or fearful behavior toward staff: Fearfulness or flinching during routine care may signal physical abuse
Signs of sexual abuse
Sexual abuse is particularly traumatic and often underreported. It might be indicated by:
- Unexplained bleeding, bruising, or injuries in private areas: Pain or injuries in genital or anal regions
- Soreness or bleeding in intimate areas: These signs require immediate medical evaluation
- Fearfulness or withdrawal from staff or visitors: Becoming evasive or anxious in the presence of certain people, such as nursing home employees
- Sexually inappropriate behavior or knowledge beyond what’s typical: Sometimes, residents exhibit behaviors or knowledge that seem inappropriate for their age or cognitive level
- Reluctance to be touched or avoidant behavior: Fear of physical contact may stem from sexual abuse
Signs of nursing home neglect
Neglect often overlaps with other forms of nursing home abuse yet can stand alone as a failure to provide basic care. To check for it, look for signs of the following:
- Malnutrition or dehydration: Unexplained weight loss, dry mouth, or reports of not receiving adequate food or fluids
- Poor hygiene: Worsened odor, dental, or skin issues might indicate that the resident is not getting enough assistance with such personal tasks
- Skin conditions: An offshoot of poor personal hygiene issues, bedsores (pressure ulcers) and infections can result from a lack of bathing or general uncleanliness
- Unsanitary living conditions: Dirty bedding, laundry neglect, or unclean living spaces
- Untreated medical conditions: Worsening of existing health issues or untreated infections
- Environmental hazards: Unsafe furniture, poor lighting, or other hazards that threaten safety
- Inadequate assistance with mobility or daily tasks: Appearing unable to help themselves or get to where he or she needs to go
Gathering Evidence in Nursing Home Abuse Cases
While you can approach a lawyer at any point in time, and the sooner and better, we urge you to uncover evidence as soon as possible. If you can secure it and bring it to an experienced attorney, then he or she will be able to make a more accurate assessment of your potential personal injury claim.
Types of evidence to look for
Evidence can make or break a legal case. To ensure that your loved one is kept safe, your family receives the damages they are due, and other residents of the same nursing home are protected, choose a fast-working lawyer who can help you seek and obtain solid evidence that will strengthen your case.
You can collect evidence such as the following to build a compelling case:
- Photographic evidence: Photos of injuries, unsafe conditions, or unclean environments
- Medical records: Documentation of injuries, infections, or untreated conditions
- Eyewitness accounts: Statements from staff, visitors, or other residents who observed abuse
- Resident testimonies: Although some residents may have cognitive impairments, any consistent account can be valuable
- Surveillance footage: Video recordings from security cameras can provide irrefutable proof of abuse or neglect
- Warning signs in communication: Behavioral changes, written or verbal statements, or signs of fear and anxiety can serve as evidence
- Expert evaluations: Medical or forensic experts can assess injuries or conditions to establish cause and timeline
5 rules of evidence admissibility
In court, there are 5 rules of evidence admissibility that determine which evidence is suitable to be presented in court. That being said, any evidence you and your lawyer use should stick to these rules, even if your personal injury lawsuit is settled out of court.
1) Relevance
All evidence presented must be directly related to the case. However, if a piece of evidence presented does not help establish the facts you are trying to prove, then it may not be considered to be truly relevant.
Ensuring the relevancy of evidence means the parties, such as a jury, won’t be distracted from the main points of the case. This rule also ensures efficient legal proceedings.
2) Materiality and probative value
Whatever evidence is provided, it must be more than simply relevant. It needs to prove a key issue in the case at hand, which is the definition of materiality. The probative value of the piece of evidence is how strongly it supports or undermines a certain fact.
These legal principles are meant to simplify legal cases and prevent parties from using evidence to mislead or cause partiality in the jury. In fact, evidence with low probative value and high prejudicial risk may be found inadmissible.
3) Authenticity and reliability
If the evidence is authentic, then it is what it claims to be. On the other hand, reliability means it is trustworthy. Depending on the type of evidence in question, additional verification may be required to prove its source and its authenticity.
4) Hearsay rule
Secondhand information, or hearsay, should not be treated as direct evidence. Primary sources and firsthand accounts are preferred, although there are some exceptions to this rule. Overall, the point is to avoid distorting or misrepresenting the facts of the case.
5) Privilege and exclusionary rules
Sometimes communications between parties are safeguarded legally, such as with the doctor-patient relationship, to protect medical information. Evidence must be legally obtained and should not violate the rights granted to privileged relationships.
For example, evidence obtained by unlawful searches and seizures will not be accepted. Also, a spouse cannot be forced to testify against the other.
How to Seek Legal Recourse for Nursing Home Abuse
Once you have taken note of the signs of abuse you have noticed so far, you should make sure to consult a reputable nursing home abuse lawyer as soon as possible. Once enough evidence has been gathered, you should also report the case to the proper authorities.
Speak to a nursing home abuse lawyer for legal help ASAP
As soon as you suspect nursing home abuse or neglect, it’s essential to consult an experienced nursing home abuse attorney. Even better, contact “The Fast Firm,” Gould Injury Law, to get the ball rolling as soon as possible.
The legal team at Gould Injury Law can work fast to help you:
- Assess the evidence you have collected
- Advise you on the best course of action
- Navigate complex legal procedures
- Seek compensation for damages, including medical expenses, pain, suffering, and emotional distress
- Ensure that your loved one’s rights are protected throughout the process
Our nursing home abuse attorneys understand the laws specific to nursing home abuse in Connecticut and will act fast to advocate on your loved one’s behalf if we take on your case.
Report the issue to local law enforcement and adult protective services
Do as your attorney advises you. When the time is right, he or she can help you make an official report to the right authorities.
In Connecticut, you may be required to notify at least one of the following authorities:
- Local law enforcement
- Long Term Care Ombudsman Program (LTCOP)
- Department of Public Health
- Long-term Care Investigations (LTCI)
- Protective Services for the Elderly (PSE)
These agencies can intervene, conduct investigations, and take protective measures, including removing residents from unsafe environments. They can also pursue charges against the perpetrators under criminal law.
Make sure to report your suspicions of care facilities right away. The faster the authorities hear of the issue, the sooner all the nursing home residents can be protected.
Speak to Our Nursing Home Abuse Lawyers to Take the Right Next Step
It is incredibly sad when an elderly person is abused or neglected. At Gould Injury Law, we understand the emotional and legal complexities of nursing home abuse cases, and we know how to handle them with both empathy and expediency. We act fast to help each and every client handle the difficult situation at hand.
As nursing home abuse is one type of personal injury claim, our legal team is committed to helping families protect their loved ones and seek justice. We obtained $225,000 for an elderly client who sustained bedsores in a nursing home, and we can seek damages on your behalf, too.
Do you suspect nursing home abuse is happening to someone you know? Are you ready to pursue what the nursing home owes you? Find out what to do next by calling us at 888-WIN-FAST to schedule a free case evaluation. Call anytime – our representatives are standing by 24/7, and you need to act fast if you are to make the most of this case.
