Relatives of nursing home residents seek assurance that their concerns are addressed seriously. When care falls short, residents and families often allege abuse or neglect. However, unmet preferences differ from unmet essential care needs. While the former may cause frustration, the latter poses risks to residents’ well-being, potentially constituting abuse or neglect, a critical distinction for families and their legal representatives.
When a preference isn’t met, it can lead to frustration and feelings that a resident’s desires aren’t valued. But when needs aren’t met, it can have a dangerous impact on a resident’s mental, emotional, and physical health. This is often where care facilities cross the line into abuse and neglect.
Recognizing Abuse and Neglect
Families should pay attention to patterns of behavior rather than one isolated incident. A continuing pattern of inadequate care, particularly when the facility knows about the problem and fails to correct it, is concerning. Warning signs of physical abuse or neglect include unexplained changes in behavior, a resident becoming fearful or withdrawn, and evidence of abusive behavior.
Signs of neglect can be subtle, involving basic needs not being addressed, such as failing to reposition a bedbound resident or assist with eating and drinking. Families should look for these signs and take action if they suspect abuse or neglect.
Factors Contributing to Abuse and Neglect
Inadequate staffing or supervision is a common contributing factor to abuse or neglect. Poor communication and poor documentation can also lead to problems. A lack of effective monitoring is another factor, and families should not assume that a facility is being properly monitored just because it is licensed.
Families need to remain involved and ask questions to ensure proper oversight is in place.
Seeking Legal Help
This includes taking photographs, keeping a written timeline, and saving communications with the facility. Families shouldn’t wait until they can prove their suspicions to involve an attorney.
An attorney can help determine which records need to be obtained and preserved, and whether the facts support a legal claim. An initial consultation doesn’t mean the family has decided to sue, but rather that they’re gathering information about their options. Attorneys should be honest with their clients, explain what they know and don’t know, and keep them informed throughout the process.
