NURSING HOME ACCIDENTS | BACK TO PRACTICE AREAS
FREQUENTLY ASKED QUESTIONS

I. General Information about Nursing Home Injuries
II. What is a Nursing Home
III. What is Nursing Home Abuse/Neglect
         A. Types of Abuse/Neglect
         B. Signs of Abuse/Neglect
IV. Rights of Nursing Home Residents
V. What is Being Done to Protect the Elderly
VI. Filing a Complaint
VII. Legal Procedures
VIII. Conclusion

What is Nursing Home Abuse/Neglect

Elder abuse is a deplorable issue.  Nursing home abuse or neglect occurs as a result of the careless, reckless or negligent behavior of nursing home employees.  Nursing home abuse or neglect can be physical, verbal or financial. 

Types of Nursing Home Abuse/Neglect

Physical abuse is the intentional or unintentional infliction of pain or injury by a nursing home employee, upon a resident.  Verbal abuse takes place when a nursing home employee threatens or causes a resident to suffer emotional distress. 

 Financial abuse involves a nursing home’s illegal or improper use of a resident’s property or  
 money for personal gain.  The examples listed below are indicators and types of nursing home
 physical abuse:

• Bruises, black eyes, lacerations and welts
• Broken bones and fractures
• Bed sores
• Cuts, open wounds, and wounds in various stages of healing
• Burns
• Poor skin condition
• Sprains, dislocations and internal injuries
• Weight loss
• Dehydration or malnourishment
• Signs of restraint
• Broken eyeglasses
• Sudden change in behavior
• Lab findings indicating an overdose or deprivation of medication
• Caregiver’s refusal to allow visitors to see the other person alone
• Rape or sexual assault
• Lack of supervision or care
• Providing a resident with the wrong medicatio

Signs of Abuse / Neglect

Psychological and emotional abuse of nursing home residents typically includes threats, humiliation, verbal assaults, isolation and any type of pain or suffering inflicted on a resident.  The following are some indicators of psychological and emotional abuse:

• Agitation or anger
• Withdrawal
• Depression      
• Confusion
• Behavior associated with dementia, such as rocking, biting and sucking

Financial abuse to nursing home residents is the theft or misuse of a resident’s funds, property or assets.  This may include stealing an older person’s money or possessions, forging his signature, cashing his checks without authorization, and misusing guardianship, conservatorship or power of attorney.  The following are common indicators of financial abuse to nursing home residents:

• Changes in banking practice
• Unauthorized ATM withdrawals
• Addition of names to bank signature card
• Sudden changes in a will
• Disappearance of funds or possessions
• Unpaid bills despite adequate financial resources

Nursing home neglect is any failure to fulfill duties regarding or obligations to a resident.  Nursing home neglect can be categorized as medical or physical neglect.  Medical neglect occurs when a nursing home fails to properly care for the medical conditions that a resident develops during or prior to their stay at the nursing home.  Physical neglect takes place when a nursing home employee fails to assist a resident with the necessities of daily living.   Listed below are some examples of common indicators and types of nursing home neglect:

• Untreated bedsores
• Poor personal hygiene
• Untreated medical conditions
• Unsanitary living conditions
• Employee’s failure to follow a physician’s orders
• Harmful living conditions
• Employee’s failure to prevent a resident incapable of going out on his own from leaving the nursing home
• Denying a resident the right to choose a personal physician
• Failure of nursing home to store, prepare and distribute food in a sanitary manner
• Failure of employee to notify physician of decline in a resident’s condition

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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

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If you would like to schedule a free initial consultation contact an attorney representing clients in Sioux City, Iowa at the Luthens Law Offices, P. C.. Give us a call at (866) 579-3816 or email us at Info@luthenslaw.com.