Nursing Home Neglect

It is hard enough making the decision to place a relative in a nursing home or assisted living facility, but sometimes there are literally no alternatives due to financial considerations and other factors. However, it is simply unacceptable to permit a loved one to undergo conditions which are dangerous, humiliating, disrespectful, and potentially financially devastating to the family member.

If your family member is being poorly treated in a nursing home, to the point of harm, contact The Law Office of Mark A. Siesel for a free consultation, during which you can discuss your situation with a member of our legal team. Get answers and find out whether you have a claim that can help your loved one get medical attention and pay for a safer place to live.

What is Nursing Home Neglect? ome

It is estimated that approximately 40% of U.S. citizens over the age of 65 will end up living in an assisted living facility or nursing home, and the 35 million Americans presently over the age of 65 will inevitably increase in number to the improvements in treatments for cancer and other potentially fatal diseases such as AIDS.

The growing number of seniors and nursing home residents can also mean an increase in abuse and neglect, especially as these facilities become overcrowded and understaffed.

According to the National Center on Elder Abuse (NCEA), directed by the U.S. Administration on Aging, elder abuse is defined as the “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.” Injuries suffered by the elderly in nursing homes can be physical, emotional, or sexual, or can result from abandonment, neglect, or exploitation. Another common form of harm is financial exploitation and abuse, such as stealing a resident’s money or belongings, forging their signatures on checks or other documents, or forcing the person to sign documents against their will by intimidation, resulting in major changes in the elder’s financial situation.

Each year in the U.S., it is estimated that more than two million senior citizens are subject to abuse.

The NCEA also notes that between one and two million Americans aged 65 and older have been injured, exploited or otherwise mistreated by someone they depended upon for care and protection. When relatives are placed in a nursing care facility, there is an expectation that they will be provided proper care in a clean and professional environment. However, between 2021 and 2024, the U.S. Centers for Medicare & Medicaid Services reported over 400,000 citations for health deficiencies at nursing homes across the country.

How Can I Know if Abuse or Neglect is Happening?

If you have a loved one in a nursing home or any assisted living facility, try to maintain good communication and visit often. In abuse and neglect cases, elderly victims are sometimes afraid to speak up. They may fear retribution or may be ashamed. In some cases, elderly victims cannot speak for themselves because they are living with a medical condition that affects cognitive function or communication. By visiting and communicating often, an elderly victim may open up about mistreatment, or you may see signs of abuse.

The warning signs of elder abuse include the following:

• Physical injuries such as bruises, cuts, pressure marks, broken bones, abrasions, or burns, which can be an indication of physical abuse, mistreatment, or neglect.
• Torn or soiled clothing as well as inadequate clothing can be indicative of neglect.
• Emotional abuse may be reflected in depression, sudden changes in mood, a change in alertness or withdrawal from usual activities and interests.
• Injuries from neglect can include bedsores, medical issues which haven’t been addressed, poor hygiene, lice or other infestations, or significant weight loss.
• Sudden loss of assets and lack of spending money can indicate financial abuse.
• Poor living conditions, including unclean bedding, untidy rooms, odor, and spills, can indicate neglect.
• Bleeding around the genitals, bruising of the breasts or genital area, or venereal disease can indicate sexual abuse. These cases of abuse are more typically seen in elderly women rather than men in nursing homes.
• Fear directed at other residents or staff, which can indicate abuse.

While these signs do not always indicate abuse and neglect, they should always be investigated. There are many reasons why abuse and neglect happens in nursing homes. A common issue is that nursing homes are understaffed and may have policies that do not offer enough staff for every resident, which can result in neglect and abuse. In some cases, facilities do not vet staff carefully, which allows people with histories of abuse to work around vulnerable adults. Many nursing homes underpay as well, which can make it harder to attract adequate, caring staff.

Staff are not the only ones who abuse nursing home residents. In some cases, aggressive or dangerous residents cause harm to other residents. Some medical conditions, including dementia, can make aggression worse, leading to outbursts and assault. In other situations, abusive individuals come to live in nursing homes, where they may target others around them. In these cases, nursing homes can be held liable for the harm residents cause to others because nursing homes are expected to keep residents safe, whether that’s by removing aggressive residents from areas where they can harm others, or by supervising residents so that abuse can’t happen.

What Can I Do If I Suspect Nursing Home Abuse or Neglect?

You have several options when it comes to nursing home neglect. You can report the suspected abuse to the nursing home and ask them to investigate. If the nursing home does not provide satisfactory answers or if you do not trust the nursing home to act in good faith, you can report your concerns to the New York State Department of Health. Another option is to contact the police if a crime, such as sexual assault, theft, or assault, has occurred.

One problem that many families face is that they have trouble getting justice and help. Nursing homes may deny abuse allegations, especially when they’re aimed at nursing home staff. Once you report abuse to the nursing home, it’s also common for the nursing home to take steps to try to reduce liability. The New York State Department of Health can investigate, but the process can take a long time.

This is why many families turn to a personal injury lawyer with experience in nursing home abuse cases. Filing a legal claim can help you pursue compensation so you can pay for better care for a loved one and can pay for mental health supports and medical treatment for them. A lawsuit can also hold a nursing home accountable and can prompt policy changes at the facility to keep other residents safe.

Before you sign anything in your situation and before you make any statements, contact a nursing home abuse lawyer. Get information about what you can do to protect your family member and start the process of securing financial recovery so you have the resources you need to support your elderly loved one. 

If your loved one has suffered from nursing home neglect, the experienced lawyers at The Law Office of Mark A. Siesel are here to help. We have well over 38 years of experience and provide personal and devoted attention to your case. We are litigators who will analyze your case thoroughly, fight the insurance companies and their counsel from our retention through the resolution of the case to protect our clients’ rights at all times, and seek full compensation for all of the physical, emotional, psychological and financial injuries suffered by our clients. Whether you’re in Westchester County, New York, the Hudson Valley, White Plains, or any surrounding areas, call our office at 1-(914) 428-7386 or contact us online for a free consultation and evaluation of your case.