Nursing Home Neglect

What you need to know, and what to look out for

Nursing Home Neglect

What you need to know, and what to look out for

Why it is important to be vigilant against nursing home neglect

When our loved ones stay in nursing homes, it is often because they cannot care for themselves—they are one of our most vulnerable groups.

Many of these individuals have physical or mental limitations that prevent them from communicating effectively with their families.

Conditions such as dementia and Alzheimer’s prevent nursing home residents from documenting when neglect occurs, and they prevent residents from being able to communicate the harms they have suffered due to neglect.

What is nursing home neglect?

Neglect is the failure to meet an older adult’s basic needs. These needs include food, water, shelter, clothing, hygiene, and essential medical care.

— CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC)

Neglect is typically unintentional, and often results from nursing home staff simply not doing their job correctly.

Accidents do happen, but neglect is usually an on-going, systemic failure to provide adequate care for residents.

What are the Signs of Nursing Home Neglect

Lack of records

Inaccurate/altered records

Inexperienced Staff

Lack of water

Improper medication

Sudden weight loss

Poor hygiene/improper bathroom care

Unexplained injuries

Frequent falls or accidents

Bed Sores

Why These Warning Signs are So Important

Something small, like a bruise or a cut, can often be an indication of a broader problem within a nursing home.

If a nursing home is unable to provide documentation or describe how a small injury occurred, they are not providing adequate supervision and care for your loved ones.

Lack of proper hydration and food can quickly snowball into worsening health and can exacerbate any pre- existing conditions.

Bed sores can become infected fast, and they are the result of a nursing home not helping an individual move when they cannot move themselves. Some of the very worst cases of nursing home neglect involve bed sores that do not get found or treated.

Nursing home abuse is separate from nursing home neglect.

Abuse occurs when a nursing home or an employee of a nursing home intentionally causes harm to a resident.

Abuse can include physical abuse, sexual abuse, and financial abuse.

Abuse Shouldn't be Confused with Neglect

Nursing home abuse is separate from nursing home neglect.

Abuse occurs when a nursing home or an employee of a nursing home intentionally causes harm to a resident.

Abuse can include physical abuse, sexual abuse, and financial abuse.

What can you do to help prevent neglect at the nursing home?

Visit your loved ones regularly, and come in for unscheduled visits.

Inspect their living area to make sure it is clean and comfortable.

Do a physical inspection of your loved one; make sure there are no open sores, wounds, or other unreported injuries.

Make sure your loved one is getting all of the proper medications they need and in the proper doses.

Get to know some of the individuals caring for your loved one. If they have a relationship with you, they are more likely to communicate with you when something happens.

Remember—this is their job

When you admit your loved one into a nursing home, you sign a service contract. You are paying them to provide specific service. If they are negligent and fail to provide those services, they have failed to uphold their end of the bargain.

Working in and operating a nursing home is difficult, but that is not an excuse if someone gets hurt. It is not the resident’s fault if the nursing home is understaffed or not trained properly.

Be on the lookout —Arbitration Agreement

Often times, when you admit your loved one into a nursing home, you will be asked to sign what is called an Arbitration Agreement.

This is a legally binding agreement that essentially waives the ability to enforce your legal rights in a court of law. Instead, the claim will be presented to a neutral third- party arbitrator in closed- door proceedings who will decide the outcome of your claim.

Just because a claim goes to arbitration does not mean it won’t succeed, but it does keep the evidence of nursing home negligence out of the public view.

You DO NOT have to sign an arbitration agreement if you do not want to, and the nursing home cannot refuse to admit your family member for refusing to sign such an agreement.

What do you do if there has been neglect?

1

If you believe there has been neglect, communicate with the nursing home to try and fix the issue.

2

If you believe your loved one is in active pain, suffering, or in danger, remove them from the nursing home immediately.

3

Report the neglect to the Iowa Department of Inspections and Appeals.

4

Contact the Parrish Kruidenier Law Firm at 515-283-3652 or via the contact form below.