Common Nursing Home Abuse Questions

If you suspect neglect or abuse, you should act immediately. Speak with the person in charge of the administration of the nursing home and report your suspicions, clearly presenting the reasons why you believe more than the consequences of aging are causing the harm. Make sure you document your reasons on paper, including the date of the incidents, the type of harm or behavior exhibited, who was on duty on the day that the injury happened (to the best of your recollection), and anything that your parent may have said about the injury and what caused it. You also should report the suspected wrongdoing to the social worker at the nursing home. If the administrator does not take prompt action, you should report the suspected abuse to the police. In addition, you should notify the agency that oversees nursing home operations in your state.

The fact is that as your loved ones age, they will be more susceptible to accidents based on loss of muscle tone and issues with balance, among other conditions. However, there are things that you can ask to help make a determination about whether neglect or abuse was the underlying cause of the fall, including:

• Does you parent remember what happened before or after the fall?
• Did anyone else see the fall? Do not hesitate to ask staff members, other residents, and regular visitors.
• What did the nursing home tell you happened?
• At what time of day did the fall occur?
• Was there an object, obstruction, restraint, spill, or equipment that caused or contributed to the fall?
• What fall prevention protocols did the nursing home have in place prior to the fall?
• What fall prevention protocols were put into place after the fall?
• What were the nature and extent of the injuries, if any, suffered by your loved one?
• What documents, including reports, were created as a result of this fall? You should request a copy of any relevant documents, either through the resident or with power of attorney.

A resident may move from one nursing home to another if he or she is not happy or does not feel safe in the present home. The nursing home social worker can assist with the relocation paperwork and logistics of the move. The only restriction is that the facility into which your loved one wishes to move must have a bed open. If it does not have any openings, you will have to add your parent to the waiting list or select a different nursing home.

Yes. Under federal regulations, a nursing home resident, or his representative authorized to act on his behalf through a power of attorney, has the right to all records relating to his residence in the nursing home. Upon written or oral request, the nursing home has two days to produce the records. The resident likely will have to pay the cost of copying these records.

Although it may be difficult to see the benefit as you are struggling to deal with the immediate consequences of the harm, there are significant reasons to pursue litigation. The harm done to your parent may result in increased medical expenses, both now and in the future, as well as pain and suffering, disability, and the loss of the relationship between you and your parent. If the nursing home neglect or abuse led to the death of your loved one, there are funeral expenses. It is important to hold the nursing home accountable for all the harm that it caused by failing to provide quality care in a safe environment. Although this will not undo what was done to your loved one, it may prevent others from suffering the same fate in the future.

As your loved one’s representative, you may have been approached by the nursing home with a quick offer of settlement. The attorneys for the nursing home may have told you that you would not get more money if you pursued litigation and that this money was being offered now while it might take years for a court award. Do not let them pressure you into agreeing to anything. It is in their best interests to make this go away quickly, not yours. They have experienced attorneys working on their behalf, do not make any decisions until you have the opportunity to consult attorneys like those at Stern Law, PLLC who have you and your loved one’s best interests in mind.

No. As an alternative to a settlement agreement, the nursing home may ask you to sign a document agreeing to arbitration. The nursing home representatives may attempt to push this option by talking about a quick resolution without the costs and delays of a trial. However, there is a reason why they want you to choose this option. In arbitration, there are limitations on the types of claims that can be brought. In addition, you will not be able to pursue a claim for punitive damages, no matter how egregious the actions of the nursing home staff and administrators were. You also will not have the opportunity for your loved one’s tragic circumstances to be heard by a jury. All of these rights are too important to be signed away at the prompting of a nursing home representative.

Although this is one of the most common questions, it is one without an answer that applies to all cases. There are many factors that go into the award of compensation, including the severity of the harm, the long-term impact, resulting disability or cognitive impairment, loss of a relationship, and pain and suffering. If your loved one died as a result of the harm, then there are additional considerations. Our attorneys will sit down with you and discuss the harm that befell your loved one. Based on our extensive experience, we will be able to provide an estimated range of compensation that might be awarded if you decide to pursue litigation.

The length of a case varies based on a number of circumstances, including the complexity of the evidence, the willingness of the nursing home and its insurance provider to settle the case, and you and your loved one’s acceptable outcomes. It is best to go into the process with patience and long-term goals. Stern Law, PLLC is committed to pursuing the case until we reach the resolution that works best for you.

Stern Law, PLLC does not charge you to retain our firm. We work on a contingency basis, which means that we will receive a portion of the settlement or jury award. During the case, we will pay the costs that are associated with pursuing the case. These will be reimbursed separate from the contingency fee. If there is no recovery, then there is not obligation on your part to pay anything.