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Nursing Home Abuse Case Results

We’re helping Illinois residents combat nursing home abuse and getting multi-million-dollar results. Our founder, Steven Levin, is a nationally-known attorney and public speaker, and has been a pioneer in reshaping nursing home litigation since the 1970s. Our goal is to protect the citizens of Illinois from harmful activity like nursing home abuse and neglect.

$4.1M

jury verdict on behalf of an 85-year-old woman injured in a nursing home when her medications were mismanaged. The verdict is record breaking as the highest Illinois Nursing Home Care Act verdict since 2006, when our firm obtained a $2.9 million dollar Nursing Home Care Act verdict. Susan L. Novosad, Margaret Battersby Black, and Daniel A. Goldfaden were the attorneys on the case. July 18, 2017.

$2.7M

jury verdict for the estate of a 67-year-old man who died from complications related to a fall at Southpoint Nursing Home on Chicago’s south side. Mike Bonamarte and A.J. Thut were the attorneys on the case.

$2.9M

record nursing home jury verdict against a suburban Homewood nursing home for the family of a deceased 57-year-old resident who was suffocated due to the home’s negligent care of her tracheostomy tube.

$2.8M

record nursing home pressure sore settlement against a suburban Hillside nursing home and physician for a 59-year-old resident who developed multiple painful and infected bedsores which took four years to heal.

$2.3M

settlement for the family of an 88-year-old assisted living facility resident who developed severe and infected bed sores which ultimately brought about her death. Her doctor was criminally indicted for his conduct and charged with involuntary homicide.

$1.5M

settlement against a nursing home for violating the Nursing Home Care Reform Act by failing to monitor a mentally impaired resident’s cigarette smoking, leading to severe burns and death.

$1.5M

settlement for an 87-year-old nursing home resident who suffered severe burns when seated in a steaming-hot sitz bath.

$1.4M

verdict against a nursing home for failure to manage a nursing home resident’s behavior which caused a shoving match, fall, hip fracture and death of a 79 year old fellow nursing home resident.

$1.4M

nursing home bed sore settlement against a facility located in the northern suburbs for a former nursing home resident who sustained injuries as a result of a pressure sore.

$1.3M

settlement for a 74-year-old nursing home resident who died as a result of a beating he received when the nursing home placed a younger resident with violent tendencies in his room.

$1.2M

settlement for an 82-year-old nursing home resident who developed bed sores so severe that they caused an infection in the bone; she died as a result of complications from these injuries.

$1.1M

settlement against a nursing home for a 75-year-old resident who developed multiple painful and infected bedsores, or pressure ulcers, which caused her death.

$1M

ManorCare nursing home settlement for the family of an 80-year-old nursing home resident who developed multiple stage IV pressure sores that contributed to the cause of her death.

$1M

record Lake County settlement for an 83-year-old nursing home resident who fell several times while a resident at the nursing home, with the last fall contributing to her death. Despite her risk for falls, the nursing home neglected to implement changes in her care plan to prevent further falls from occurring.

$1M

settlement against a Chicago facility on behalf of the family of an 82-year-old man who suffered a fatal brain injury in a fall at the nursing home.

$1M

Cook County Jury Verdict for the family of a 54-year-old nursing home resident who exited a window on the fifth floor of the nursing home and died from fall-related injuries. The jury found that the nursing home was negligent in failing to prevent the resident from exiting the window.

$1M

settlement against a nursing home for a 75-year-old resident who suffered malnutrition, dehydration and Stage IV pressure sores, resulting in death.

$1M

verdict against assisted living facility who admitted liability for failing to give a proper mechanical soft diet due to understaffing and poorly trained staff resulting in choking and death of a 67 year old man.

$1M

settlement on behalf of a quadriplegic that developed severe pressure sores that his nursing home claimed were unavoidable. After leaving the home, it took one year for the sores to heal and they have not returned.

$1M

settlement for failure to properly care plan for and monitor a wheelchair bound resident’s risk of strangulation resulting in death.

$1M

settlement for the family of a 78-year-old nursing home resident against a Naperville nursing home and doctor for failure to prevent and treat seven Stage IV pressure ulcers which caused the resident’s death.

$1M

settlement in a case filed by the family of an 88-year-old man who developed multiple infected bed sores that required surgery, prolonged hospitalization, and extensive wound care to treat. The bed sore lawsuit alleged that the nursing home failed to take the proper measures to prevent his pressure sores from forming, and failed to prevent existing pressure ulcers from worsening

$999,000

nursing home negligence settlement against a Chicago nursing home and physician for the family of a 34-year-old woman who bled to death when the staff failed to properly monitor her condition or report changes in her condition to her physician.

$995,000

settlement against a Joliet nursing home for the mother of a 45-year-old nursing home resident with schizophrenia and alcoholism who died as a result of a gastric ulcer which perforated a vein and caused a hemorrhage. Signs and symptoms of the gastric ulcer, present two weeks prior to the resident’s death, were not reported to the resident’s physician.

$950,000

settlement against a nursing home for allowing an 85-year-old woman with dementia to wander outside the nursing home, where she froze to death.

$950,000

settlement against an Evergreen Park nursing which has subsequently been shut down by the State of Illinois for a 91-year-old nursing home resident who over a three year period suffered from malnutrition and dehydration sustaining a body loss of 1/3 of her total weight within the last three months, causing a hospitalization and death.

$950,000

settlement for the family of an 81-year-old nursing home resident in a wheelchair who fell down a flight of stairs and suffered a subdural hematoma and died seven months later.

$925,000

settlement on behalf of the family of an 86-year-old nursing home resident who was so badly neglected that she became malnourished and dehydrated, and developed severely infected bed sores that caused an infection in her bone and in her blood, and resulted in her death.

$919,000

nursing home neglect settlement for the son of a 54-year-old resident who died as a result of the nursing home’s failure to properly monitor his condition or transfer him to the hospital during a hypertensive crisis.

$917,912

nursing home negligence settlement on behalf of the surviving family of a 63-year-old nursing home resident who died when nursing home staff failed to properly administer medication prescribed to him to treat his gastrointestinal cancer and failed to ensure that he made follow-up visits with his oncologist. As a result of these failures, his cancer spread and caused his death.

$914,000

nursing home lawsuit settlement for the family of a former Lincolnwood resident who died after suffering a stroke as a result of the nursing home’s failure to properly administer her blood-thinning medication.

$900,000

settlement for a 74-year-old nursing home resident who suffered a serious brain injury in a fall at the Defendant nursing home. The lawsuit alleged that the facility failed to appropriately develop, implement and revise a care plan to address our client’s fall potential and failed to ensure that he received appropriate supervision and assistive devices to prevent nursing home falls.

$900,000

settlement against a nursing home whose failure to monitor a 58-year-old wheelchair- bound resident’s unauthorized smoking caused the resident to sustain severe burns, resulting in death.

$900,000

settlement against a nursing home that failed to appropriately feed and hydrate a 76-year-old resident, leading to his malnutrition, dehydration and death.

$900,000

settlement for the family of an 81-year-old nursing home resident against two nursing homes. One Chicago nursing home failed to prevent the resident from falling and sustaining a hip fracture. The other, Forest Park nursing home failed to prevent the formation of and worsening of multiple pressure ulcers, including multiple Stage IV pressure ulcers.

$862,500

settlement for a nursing home resident who contracted MRSA as a result of staff negligence while living at the defendant facility, causing him to undergo additional surgeries and amputation.

$861,788

policy limit settlement for a 61-year-old nursing home resident who suffocated to death because nursing home staff failed to properly place his tracheostomy tube.

$850,000

settlement against a nursing home for a woman who fell from her bed, resulting in a subdural hematoma and death.

$825,000

settlement for the daughter of a former nursing home resident who suffered at least six falls during her residency. The facility failed to create any care plan to address her risk for falls until after her last fall, in which her eye burst, requiring an eye enucleation surgery. Her conditioned declined significantly after this surgery and she died one month later.

$825,000

settlement for a 75-year-old nursing home resident with dementia and a history of wandering who died of hypothermia after exiting the facility in bitter cold temperatures resulting from the home’s failure to verify if his tracking bracelet was functioning, properly supervise him, and promptly notify the police.

$820,000

nursing home settlement for the family of an 86-year-old woman who fell in her bathroom at the nursing home and sustained a cervical spine fracture which contributed her death nine days later.

$800,000

settlement for the family of a 56-year-old nursing home resident who suffered a hip fracture in fall at the facility. After his fall, he developed a number of bed sores, a chronic bone infection and became malnourished, all of which led to a deterioration in his condition.

$800,000

settlement against a Chicago nursing home for failing to appropriately monitor an 88-year-old patient’s hydration levels after a fall, causing severe pain, appetite loss, severe dehydration and death.

$800,000

settlement against a Lincolnshire, Illinois intermediate care facility for failing to appropriately supervise a 32-year-old mentally disabled woman on a facility outing where she choked to death.

$760,000

verdict against a nursing home doctor who failed to respond to signs and symptoms of a bowel obstruction, leading to the death of a 67-year-old resident with Alzheimer’s disease.

$750,000

nursing home neglect settlement against ManorCare South Holland for the daughter of an 82-year-old nursing home resident who developed a deep pressure wound that took over two years to heal. She also became malnourished and immobile during her brief stay at the nursing home.

$750,000

settlement against a Lincolnshire, Illinois intermediate care facility for failing to appropriately supervise a 32-year-old mentally disabled woman on a facility outing where she choked to death.

$750,000

settlement against a nursing home for an 86-year-old who developed pressure sores resulting in an amputation.

$750,000

settlement for a 77-year-old nursing home resident who fell, suffered a subdural hematoma, and died.

$750,000

settlement against a nursing home for an 80-year-old who was malnourished and developed pressure sores, resulting in death.

$750,000

nursing home fall settlement for the daughters of an 89-year-old woman who died from post-operative complications after falling in the defendant facility. Our client’s mother was left alone in the bathroom, and she fell, suffering a left femur fracture that required surgery.

$715,000

nursing home settlement for a 74-year-old Chicago woman who died from malnutrition, dehydration, pressure sores and infection after receiving substandard care at three Chicago nursing homes.

$700,000

record settlement against a Coles County nursing home for a 43-year-old man who developed a Stage IV pressure ulcer that led to a deterioration in his overall condition and contributed to his death.

$700,000

nursing home neglect settlement against the Oak Lawn, IL nursing home for the death of a 72-year-old woman who suffered pressure ulcers, malnutrition, dehydration and sepsis while residing at the facility.

$700,000

settlement against a nursing home for a 63-year-old resident who suffered a fractured femur, malnourishment, dehydration and a Stage IV pressure ulcer.

$700,000

verdict awarded when an 82-year-old resident with Alzheimer’s disease wandered out of the nursing home and was struck by a car, sustained a leg fracture and ultimately died.

$690,000

nursing home settlement on behalf of the family of an 87-year-old resident who suffered a right femur fracture, skin breakdown and a bone infection which led to her death.

$675,000

nursing home burn injury settlement for a 67-year-old resident who died from severe burns after her clothing caught fire while she was trying to smoke in her bathroom. Staff failed to create a care plan to address her unsafe smoking behaviors, and failed to provide adequate supervision to prevent accidents.

$665,000

nursing home settlement for the surviving family of a man who suffered a serious brain injury in a fall at the defendant facility. His injuries contributed to his death six days after his fall.

$650,000

nursing home settlement on behalf of an 80-year-old Chicago woman who developed infected pressure sores as a result of negligence on the part of staff and her attending physicians.

$650,000

settlement for a 64-year-old McHenry County woman who developed infected pressure sores and a bone infection that required prolonged long term care stay and surgery.

$650,000

settlement for the family of a 76-year-old nursing home resident against a Chicago nursing home for failure to appropriately prevent and treat pressure ulcers resulting in gangrene, bilateral leg amputations and death.

$645,000

verdict plus attorneys’ fees for the family of an 81-year-old man who suffered a serious brain injury after falling out of his wheelchair at the defendant nursing home. He later died from complications linked to his injuries.

$600,000

settlement for a 75-year-old who suffered a deep tissue injury during an improper transfer at the defendant facility. The wound went untreated and became infected, and eventually required our client to undergo an above-the-knee amputation.

$600,000

settlement against a home health agency and nursing home for our 54-year-old man who required a below-the-knee amputation after his care providers failed to prevent pressure sores on his leg from deteriorating and failed to properly treat his injuries.

$600,000

settlement against a nursing home and hospital for a 71-year-old man who developed Stage IV heel pressure sores, resulting in amputation.

$600,000

settlement against a nursing home in death of a 46-year-old disabled woman who developed multiple infected pressure sores, resulting in death.

$575,000

negligence settlement against an Evergreen Park, IL nursing home for the family of an 88-year-old woman who developed multiple bed sores at the defendant facility. The sores worsened and her condition deteriorated, causing her death five months after she was first admitted to the facility.

$570,000

settlement for the family of a 99-year-old woman who died from compressional asphyxia after her neck became entrapped between her bed rail and mattress at the nursing home.

$510,000

settlement against a Streamwood nursing home for the family of a 78-year-old resident who repeatedly took off her personal alarm, fell on her way to the bathroom and fractured her hip and died four months later from heart problems.

$500,000

pressure ulcer settlement for the family of a 93-year-old man who died after developing infected decubitus ulcers at the facility as a result of nursing home negligence. Staff failed to provide him with the appropriate pressure relieving devices to prevent pressure sores from forming, and failed to properly assess his skin condition or treat his pressure ulcers once they developed.

$500,000

nursing home bed sore settlement on behalf of a former resident who developed a number of infected bed sores at the facility. These injuries caused her overall physical and mental condition to deteriorate.

$500,000

nursing home neglect settlement for the family of a 69-year-old resident who died as a result of developing numerous pressure ulcers, a sepsis infection, and suffering dehydration while under the facility’s care.

$500,000

settlement against a South Holland nursing home for a nursing home’s failure to treat corneal abrasion and dental problems of 74-year-old resident which resulted in the loss of eye and multiple tooth extractions.

$500,000

settlement for the family of a 47-year-old nursing home resident who choked to death after the nursing home failed to provide him with a proper diet or supervise him during meal time.

$500,000

settlement against a Buffalo Grove, IL nursing home for the family of an 89-year-old resident who died as a result of the nursing home’s failure to treat his sacral pressure sore or prevent it from worsening.

$475,000

settlement against a Chicago nursing home for its failure to obtain final lab report for urine culture of 82-year-old resident and notify the doctor of sensitivity findings resulting in patient remaining on an antibiotic which was resistant to infection, urosepsis developed and the resident died.

$410,000

settlement for a resident who suffered from dementia and was physically and sexually assaulted on one or more occasions by another resident of the defendant facility.

$400,000

nursing home neglect settlement against a nursing home for the family of a 50-year-old man who died as a result of the nursing home staff’s failure to properly monitor his blood sugar levels or notify his physician when his condition changed.

Confidential

settlement amount for a nursing home resident who asphyxiated and died after becoming entrapped between her mattress and bed rail. Her bed alarm was found unplugged, and the required alarm mat was missing. Levin & Perconti was asked to co-counsel this out-of-state nursing home neglect case by a referring attorney.

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Nursing Home Abuse & Neglect

Nursing home abuse is a horrifying reality happening in our communities and affecting our senior citizens. When we place our elder loved ones in a nursing home, we expect staff members to treat them with dignity and respect. Unfortunately, that’s not always the case.

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With over 15,000 nursing homes housing 1.7 million licensed beds across the United States as of 2016 and current residents totaling upwards of 1.3 million as of 2015, nursing homes and staff need to be held accountable for how they care for our older generations. Therefore, it’s crucial to understand what nursing home abuse is, the different types of abuse, signs of abuse, and how to prevent it.

What is Nursing Home Abuse?

The Administration on Aging, an agency of the U.S. Department of Health and Human Services, defines elder abuse as “any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult.”

A long-term study showed that elder abuse victims are twice as likely to die prematurely than individuals who have not suffered from elder abuse. Nursing home abuse, which refers to elder abuse in a nursing home, can lead to serious physical injuries, emotional harm, and even death.

Sad elder man

Types of Nursing Home Abuse

There are different types of elder abuse in nursing homes, including physical abuse, emotional abuse, sexual abuse, neglect, and exploitation.

1. Physical Abuse

Physical neglect includes anything that deprives residents of their primary needs for survival and dignity, including food, warmth, shelter, and a sanitary environment. Physical abuse in nursing homes happens whenever a resident suffers bodily harm, pain, or impairment because of mistreatment or neglect. Physical abuse can consist of:

In nursing homes, staff members are only supposed to use restraints for medical reasons and for a short time. Keeping restraints on patients for long periods can reduce muscle tone and bone mass and cause muscle disorders and other serious injuries.

Nursing home caregivers, visiting family members, and other residents are the primary abusers in nursing homes. Studies show that physical abuse is often committed as a form of retaliation by nursing home staff against physically aggressive patients acting out often due to dementia and other conditions resulting in mental decline.

2. Emotional Abuse

Emotional abuse generally refers to any non-physical, verbal abuse, including:

  • Insults
  • Harassment
  • Yelling
  • Threats

Emotional abuse can also include depriving a patient of their dignity, for example, by leaving them in soiled clothes or refusing to allow them to make choices over daily decisions. According to a World Health Organization study from 2020, emotional abuse is the most common type of elder abuse. Almost a third of all nursing home employees have admitted to emotionally abusing a patient.

3. Neglect

Neglect refers to a caretaker’s failure to provide food, shelter, medical care, or protection. General and medical neglect can lead to:

Neglect is different from abuse in that it usually refers to an unintentional act. An example of neglect is if a nursing home resident wanders from the premises and dies from hypothermia while lost outside. Another example is when a nursing home employee fails to change a resident’s position in bed and, as a result, the resident develops bedsores.

4. Sexual Abuse

Sexual abuse is any non-consensual sexual contact. Unfortunately, this type of abuse is a prevalent form of elder abuse. Common signs of sexual abuse include bruises around the breasts or genital areas and unexplained sexually transmitted diseases.

5. Financial Exploitation

Financial exploitation refers to the illegal taking, misuse, or concealment of funds or property. Older people, particularly those with dementia or cognitive decline, are particularly susceptible to financial fraud, and criminals know this.

In July 2021, a nursing home employee in Pennsylvania was convicted of stealing more than $500,000 from residents of a nursing home. The man stole checks from the residents and then forged their signatures and cashed them at various banks.

Signs that Someone May Be Abusing Your Elderly Loved One

Although nursing home abuse is sometimes difficult to detect, there are some specific warning signs you can look out for when visiting with your elderly loved one. Signs of nursing home abuse include:

  • Bruising
  • Broken bones
  • Scrapes
  • Cuts
  • Abrasions
  • Burns
  • Tears around the genital areas
  • Unexplained sexually transmitted diseases
  • Changes to financial accounts, including unusual and unexplained withdrawals of money
  • Notable changes to the person’s will or other financial documents
  • Fraudulent signatures on financial documents
  • Unpaid bills
  • Withdrawal from activities they used to enjoy
  • Unusual changes in sleep or behavior
  • Increased or unreasonable fear or anxiety
  • The sudden onset of depression
  • Untreated bedsores
  • Poor hygiene
  • Unexplained weight loss
  • Lack of medical aids, such as glasses, hearing aids, dentures, medications, or walkers

Any of these tell-tale signs can indicate that someone may be abusing your loved one. Know these signs to better protect your family member and stop the abuse that may be happening.

Frequent Slips and Falls

Because slips and falls by older people can quickly lead to death, nursing home employees must monitor vulnerable residents at risk of falling. Specifically, individuals with cognitive problems or physical impairments are at high risk.

You may notice that your loved one has recently had frequent slips and falls. Falling often may be a sign of elder abuse or neglect.

Malnutrition/Dehydration

Our bodies need water to survive. Water gets rid of bodily wastes through urination, sweating, and bowel movements. These processes keep the body’s temperature regular, lubricate joints, and protect tissues. Dehydration happens when the body is not functioning correctly because of too little water in the body.

Women need about 2.7 liters of water each day, and men need about 3.7 liters. Physical symptoms of dehydration include:

  • A sticky and dry mouth
  • Being thirsty
  • Dry or papery skin
  • Infrequent urination
  • Dark yellow urine
  • Confusion and irritability
  • Delirium
  • Breathing fast
  • Low blood pressure
  • Inability to sweat

Dehydration is a common problem among the elderly in many nursing homes, and it’s a sign of serious neglect. Nursing homes must ensure that residents get plenty of water. When an older person becomes dehydrated, they may lack a strong thirst drive and might not show any outward symptoms of lacking hydration. Chronic dehydration in elderly persons can lead to seizures, brain swelling, kidney failure, and even comas.

Malnutrition, or having insufficient nutrients in the body, is also a common sign of neglect in nursing home residents, with about 85% of nursing home residents suffering from this dangerous condition. Malnutrition can lead to weight loss, fatigue, weakness, yellowing skin, white fingernails, and bedsores.

The combination of dehydration and malnutrition in elderly persons can be particularly deadly. Between 1999 and 2002, about 1,400 nursing home patients died after suffering from both dehydration and malnourishment.

In one tragic case, a nursing home entered into a settlement of almost $1 million after a 91-year-old resident suffered from dehydration and malnutrition over three years. As a result, she lost a third of her body weight and ultimately died. Illinois nursing regulators subsequently shut down the nursing home due to her injuries and death and other reported abuse and neglect incidents.

Fractures

Fractures and bruises are common signs of physical abuse in nursing homes. If a nursing home is taking proper care of your loved one, they shouldn’t suffer from either of these conditions.

Falls often cause fractures and are particularly dangerous to an older adult. A fall may break the person’s hip, which can quickly lead to death. The nursing staff should be taking all necessary precautions to prevent elderly residents from falls.

Precautions should include ensuring that the residents use walkers, canes, or wheelchairs and have assistance when getting in and out of beds.

Bruises

Bruises can result from falls, bumps, and more severe injuries. Older people tend to bruise more easily than young people because their skin tissue is thinner and more delicate. In addition, the use of blood thinners by some elderly people may also increase the chances of bruising. Although bruises can occur in older adults without any accompanying neglect, they could also be a sign of abuse, so it’s important to pay extra attention to bruises apparent on your elderly loved one, mainly if they’re reoccurring or if they appear on the wrists or ankles, which might indicate misuse of restraints.

In 2017, a jury in Chicago awarded $2.7 million to the estate of a 67-year-old man who died from complications after he fell at a nursing home. The lawsuit alleged that a nurse at the nursing home should have given the man assistance when walking. He was known to suffer from cognitive impairment, decreased safety awareness, and a history of fainting. He fell in the entranceway of his room, suffering a skull fracture and two brain hemorrhages, and died about four months later.

Incorrect Medication

If your elderly loved one received incorrect medication or lacks needed medication, this could be a sign of elder abuse. At the very least, it shows that the nursing home didn’t properly train their nursing staff. Errors in administering medication include:

  • Crushing medication that shouldn’t be crushed
  • Not providing food or water with the medication
  • Giving the medication at the wrong time or giving an incorrect dosage
  • Giving the patient expired medication
  • Overmedicating residents in nursing homes to subdue or control them

One common form of nursing home abuse is giving residents medications they don’t need for the sole purpose of sedating them when it’s not medically necessary. Signs that your loved one has received incorrect medication include changes in their behavior, unexplained weight loss or weight gain, confusion, memory loss, and lethargy.

In one tragic case involving medication mismanagement, a jury in Chicago returned a $4.1 million verdict for an 85-year-old woman who suffered from a stroke after nursing home staff inexplicably stopped giving her an anti-stroke drug, despite no doctor having ordered discontinuation of the medication. Not only did the nursing staff stop giving the plaintiff her much-needed medicine, but they also failed to detect their error in their required daily audits. The woman lived for four more years after the stroke, but her quality of life declined significantly following the incident.

Bedsores

Bedsores develop when a person spends long periods in a chair or bed without moving around. Signs of bedsores are discolored or painful skin and open wounds on parts of the body, usually the hips, buttocks, back, and ankles. Bedsores are a sign of neglect because nursing home employees must move elderly patients who can’t move around by themselves. Bedsores can lead to serious medical complications and even death.

In one recent lawsuit, an assisted living facility and the surviving family of an 88-year-old assisted living resident reached a $2.3 million settlement. The assisted living facility failed to take care of the resident, causing them to develop severe and infected bedsores, leading to their eventual death.

Withdrawn Behavior

If you’ve noticed your loved one withdrawing from activities they used to enjoy, or if they seem suddenly depressed, they may be suffering from elder abuse. Withdrawn behavior can be a sign of numerous types of abuse, including physical, emotional, and sexual abuse. Of course, withdrawn behavior is not always an indicator of abuse, as it might also be a sign of increasing cognitive decline. Still, it can sometimes be a red flag, so it’s not something you should ignore or readily dismiss.

Anything That Doesn't Seem Right

Finally, you may notice that something just doesn’t seem right with your loved one. Always trust your instincts if something seems “off.” If something seems strange, such as a pair of broken glasses, changes in behavior, changes in finances, or other things that pique your curiosity, certainly don’t disregard your concerns without further investigation.

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Why Does Nursing Home Abuse Happen?

There’s no single cause for nursing home abuse. However, several factors usually work together to create abusive and dangerous environments for older adults in nursing homes. Usually, an abusive nursing home situation shares a link to the nursing home’s owner or administrator, which has decided to place profits over ensuring the safety of the residents. As of 2016, almost 70 percent of all nursing homes were for-profit businesses, sometimes creating cause for concern about one’s motives.

In some cases, owners of nursing homes may forego needed repairs or might neglect to adequately screen employees. Inadequate training, high staff turnover, and low staff to resident ratios can also lead to increased instances of elder abuse and neglect. For example, an improperly trained staff member may give a patient food they’re not supposed to eat, or they might not know how to perform CPR or check for bedsores, and they might even administer the wrong medications. Since senior citizens are at a higher risk of being abuse victims, nursing homes should implement heightened measures to ensure their safety.

In a heartbreaking example of the dangers of lack of training, a jury entered a $1 million verdict in a lawsuit against an assisted living facility. In this particular abuse case, the nursing home admitted that understaffing and insufficient training led to a 67-year-old man’s choking death after staff members failed to feed him a mechanical soft diet.

Additionally, inadequate staffing can lead to burnout, stress, and mistakes. Nursing home employees tend to work for low pay under stressful and unpleasant conditions, leading to employee depression or substance abuse. A stressed and underpaid employee may take out their frustrations on innocent patients in nursing homes. Of course, there is never any excuse for this behavior. Nursing home abuse violates state and federal laws, it’s often a crime, and it should never happen to your loved one or any other elderly individual.

COVID-19 and Nursing Home Abuse

During the COVID-19 pandemic, nursing home residents have been especially vulnerable to contracting and dying from the novel coronavirus. As of August 2021, more than 133,000 nursing home residents have died from COVID-19 complications. Unfortunately, while the law requires nursing home facilities to implement policies and procedures to stop the virus’s spread, some nursing homes’ measures against COVID-19 have been woefully inadequate.

These nursing homes have either run out of needed supplies or failed to take the necessary precautions, putting residents at risk. For instance, as of August 2021, with the new Delta variant raging through many states, COVID-19 cases are surging in Texas nursing homes, where almost half the employees remain unvaccinated.

Additionally, studies show that elder abuse has increased during COVID-19. In August 2021, in response to the recent skyrocketing of positive cases in nursing homes and the widespread problem of nursing home abuse, several Congress members introduced legislation to boost nurse staffing numbers and improve control of new infections.

Alzheimer's/Dementia Abuse

Nursing home residents with Alzheimer’s, the most common form of dementia, are especially vulnerable to abuse. A study published in the Journal of the American Geriatrics Society found that almost half of all patients with dementia suffer from abuse or neglect. In addition, patients with dementia are the most likely to suffer from financial abuse or exploitation.

The reason for dementia patients’ increased risk of abuse is because abusive caregivers know that persons with this form of cognitive decline have difficulty remembering, reasoning, and communicating, making them easy targets for financial fraud. For instance, a caregiver may convince the dementia patient to change their will to leave their money to the caregiver. Signs of financial abuse include missing cash or valuables, unexplained money withdrawals, and unpaid bills.

Empty wheelchair in nursing home

Nursing Home Abuse Statistics

According to the U.S. Department of Justice (DOJ), each year, about one of every ten people over 65 suffer from elder abuse in the United States. According to the National Institutes of Health (NIH) and the National Center on Elder Abuse, women are more likely than men to be victims of elder abuse.

Elder abuse occurs more often in nursing homes and long-term care facilities than in other places, such as elderly persons’ homes. A study published in 2018 in the European Journal of Public Health found that about 15 percent of older adults in institutional settings (as opposed to home-based care) suffer from elder abuse worldwide. However, this number is likely low, as elder abuse is often unreported.

A recent study by the World Health Organization (WHO) shows that, in institutional settings, the most common form of abuse is psychological abuse (about 33%), followed by physical abuse (about 14%), financial abuse (about 13%), neglect (about 11%), and sexual abuse (about 2%).

Nursing home abuse is a serious problem in the U.S., and evidence suggests that nursing home abuse is almost as common as child abuse. Half of all nursing home staff have admitted to mistreating their elderly patients through physical violence, mental abuse, or neglect. Studies indicate that while nursing home staff, medical personnel, other patients, family, and visitors commit some of the abuse, orderlies and aides commit most of the abuse in nursing homes.

Older adults living in nursing homes with long-term support systems are the most likely to become victims of elder abuse because these individuals often suffer from diseases or ailments that affect cognitive functioning and make them entirely dependent on other people.

Reporting Nursing Home Abuse

If you suspect your loved one is the victim of nursing home abuse, you should report the abuse immediately. First, report to the nursing home administrator. If the nursing home doesn’t address the problem, you should then contact the agency in your state that regulates nursing homes. Each state has an agency dedicated to preventing elder abuse, with procedures for reporting.

Under the federal Older Americans Act, first enacted in 1965, each state is required to establish an Ombudsman Program that serves to advocate for elderly persons, including residents of nursing homes and assisted-living facilities. Each state’s Ombudsman Program has procedures for reporting elder abuse. Contact the Ombudsman Program in the state where your loved one resides to report the abuse. You can also find reporting numbers through Eldercare Locator at 1-800-677-1116 or by going to eldercare.gov.

You can also contact your local sheriff’s office to report elder abuse, as it’s likely that the abuse constitutes a local or state crime.

Finally, set up a free consultation with an experienced nursing home abuse lawyer. We’re ready to help you recover from nursing home abuse and neglect and get the reimbursement you deserve.

How to Prevent Nursing Home Abuse

You can take several steps to help prevent nursing home abuse. First, know the signs. Next, check in regularly with your loved one. Third, raise any concerns with staff and authorities. Finally, be proactive in researching the nursing home and looking for any red flags. Federal regulations require nursing homes to report and investigate all allegations of abuse, neglect, misappropriation of resident property, and exploitation.

Nursing homes are also required to report any unexplained injuries. Again, search your state’s elder abuse agency for reports on a specific nursing home in the state. However, know that nursing home self-reporting doesn’t always accurately represent how the elderly care facility is being run. For example, the New York Times recently published a scathing article, accusing nursing homes of deliberately misrepresenting the quality of care provided and forging their figures to inflate their staff to resident ratios.

Therefore, it’s crucial to conduct your own investigation of the nursing home where your loved one is living. You should visit the home often and get to know your loved one’s primary caregivers personally. Ask lots of questions and actively look for signs of abuse.

Taking these measures could ultimately save your loved one’s life.