Nursing Home Abuse & Neglect

Nursing Home Abuse & Negligence

Elder abuse and neglect is a too-common occurrence in the United States.  While many facilities treat their residents with the care, dignity, and respect that families expect and residents deserve, others do not.  Some estimate that  as many as five million elders are abused each year.  Unfortunately, elder abuse is underreported.  Estimates vary, but one study estimates that only 1 in 14 cases are reported to authorities.

Abuse and neglect is a problem in our country’s nursing homes.  Over 29% of the complaints made by nursing home resident to state public health agencies relate to physical abuse.  Complaints of neglect are even more common.

What is elder abuse?

Elder abuse includes physical abuse, sexual abuse, exploitation, neglect, and abandonment.  Neglect is the failure of a caregiver to provide necessary care, like food, hydration, hygiene, and medical services.

What are warning signs of elder abuse?

Physical abuse, neglect, or mistreatment:  Bruises, pressure marks, broken bones, abrasions, burns.

Neglect:  Bedsores, rashes, unattended medical needs, poor hygiene, unusual weight loss, dehydration.

Financial exploitation:  Sudden change in financial situation.

Sexual abuse:  urinary tract infection, unusual bruising, withdrawal or other sudden behavioral change.

People with dementia or Alzheimer’s may have difficulty communicating what has happened to them.  Other residents may fear retaliation from staff if they report abuse or neglect.  In addition to the warning signs listed above, if you notice that a nursing home resident has become more upset or agitated, or has a change of behavior around staff, or withdraws from touch, the resident may be a victim of abuse or neglect.

What do you do if you suspect someone over the age of 65 one has been a victim of abuse or neglect?

Report any suspected abuse or neglect to the local branch office of the State of Oregon’s Senior and People with Disabilities Department. Your report will be confidential.  More information is in the Resources section below.

It is not your responsibility to prove that elder abuse or neglect is occurring.  You are simply reporting your suspicions of possible abuse or neglect.  You may wish to keep notes of who you spoke with, what you reported, and what was said in each conversation.

An investigator should be assigned to the case and should interview all relevant witnesses and review relevant documents. The informed opinion of an investigator is helpful to determine whether any wrongdoing occurred.

Notify the resident’s primary care physician.  If immediate care is needed, the resident should be taken to the closest hospital emergency room.

Consider contacting an attorney experienced handling nursing home abuse and neglect cases.

Should I bring a nursing home abuse or neglect claim for myself or for my family member?

At Corson & Johnson, we are dedicated to protecting the most vulnerable members of our communities and to making sure that nursing homes are held accountable when a resident is harmed unnecessarily.  Successfully prosecuting nursing home abuse and neglect cases requires a combination of understanding of how nursing homes are organized and administered, how the facilities keep records, a detailed familiarity with the applicable administrative rules, good working relationships with experts in the field, and experience in these unique cases.

We have prosecuted cases involving intentional physical abuse, failure to protect from sexual assault, medical theft, withholding life-saving medications, failure to plan for necessary fall prevention, failure to provide or arrange for medical care, failure to provide adequate food and drink, failure to protect residents from contagious diseases, and other forms of abuse and neglect.  Examples of some of our cases are shown below.

If you are interested in talking with a lawyer about a possible claim, we would be happy to talk with you.   Please contact us by phone, text, or website inquiry, and we will get back to you promptly.  You do not pay for the initial legal consultation, and if we prosecute the case, there is no attorney fee unless the case is successful.