Nursing Home Abuse & Neglect Claims

Recognizing the Signs of Abuse or Neglect

Nursing home abuse and neglect can take many forms, and the signs are not always obvious. Physical signs may include unexplained bruises, cuts, bedsores (pressure ulcers), broken bones, sudden weight loss, or poor hygiene. Behavioral signs in residents may include increased anxiety, withdrawal, fear of certain staff members, or unusual changes in mood.

Neglect — which can be just as harmful as active abuse — often involves failure to provide adequate food, water, hygiene, medical care, or supervision, resulting in malnutrition, dehydration, untreated medical conditions, falls, or wandering (elopement) incidents.

Financial exploitation is another form of elder abuse that can occur in care settings, involving unauthorized use of a resident's funds, property, or financial information by staff members or others with access to the resident.

Legal Duties of Care Facilities

Nursing homes and assisted living facilities are subject to both state regulations and, for facilities receiving Medicare or Medicaid funding, federal requirements regarding staffing levels, resident care plans, and resident rights. Violations of these regulations can serve as important evidence in a negligence claim.

Facilities generally have a duty to develop and follow individualized care plans, provide adequate staffing to meet residents' needs, prevent and treat pressure ulcers, prevent falls through appropriate safety measures, properly administer medications, and protect residents from abuse by staff or other residents.

Taking Action on Behalf of a Loved One

If you suspect abuse or neglect, document what you observe, including photos of injuries or living conditions, and keep records of communications with facility staff. Reporting concerns to the facility's management, as well as to your state's long-term care ombudsman program or adult protective services, can help trigger an investigation.

In cases involving serious injury, a thorough records review — including medical charts, staffing records, and incident reports — is often necessary to establish what happened and whether the facility's care fell below required standards.