Nursing Home Falls or Bedsores: When Elder Neglect May Lead to Legal Action
For years, nursing homes have provided families with the reassurance of safety and care for their elderly parents or loved ones. Families depend on nursing homes to supply them with the necessary support they need to ensure comfort, supervision, and peace of mind. Oftentimes, there may be breaches of care, two of which include nursing home falls and bed sore neglect. These forms of elder abuse can cause serious harm to individuals and their families. Understanding the signs of nursing home falls and bed sore neglect is crucial to protecting your loved ones and decreasing the chance of elder abuse in nursing facilities.
Why Falls and Bed Sores Often Signal Neglect
Elderly individuals are naturally at a higher risk of falling because of frailty, balance issues, medications, and cognitive decline. However, nursing facilities are required to evaluate each resident’s risk and enforce the necessary safety measures to help decrease the chance of injuries or falls. Examples of critical safety precautions may include the following:
- Fall-risk assessments upon admission and at regular intervals
- Bed alarms or chair alarms for high-risk residents
- Assistance when walking or transferring
- Proper footwear and mobility aids
- Adequate supervision for residents with dementia
Nursing home falls become legal concerns when staff are aware of the high-risk factors of certain residents and do not take the safety measures needed to prevent those injuries from occurring. Elderly residents who suffer from falls may develop broken hips, head injuries, or long-term disability, ultimately causing severe, life-threatening risks for these residents and their families.
In addition, bed sores pose serious threats to elderly patients and are a strong indicator of nursing home neglect. When a resident is left in the same position for extended periods of time, they develop pressure injuries that cut off circulation to the skin. To avoid this, residents should be routinely repositioned, kept clean, and given the proper bedding. It is important to acknowledge these signs of neglect to decrease the chance of long-term health effects.
What the Law Calls “Elder Abuse”
Many states have regulations specifically addressing elder abuse in nursing facilities. These laws acknowledge that physical assault is not the only form of abuse and that neglect can play a role in preventing elders from getting the support and care they need. The following are examples of how neglect may occur.
- Failure to assist with hygiene or toileting
- Dehydration or malnutrition
- Ignoring medical needs
- Leaving a fall-risk resident unattended
- Not repositioning a bedridden patient
Evidence Families Should Watch For
Families are often the first to notice warning signs. Nursing home neglect cases usually begin with small observations that may seem insignificant until the patterns become clear. Potential warning signs include:
- Frequent or unexplained bruises
- Sudden fractures or head injuries
- Rapid weight loss
- Dehydration
- Stage 3 or Stage 4 pressure ulcers
- Dirty clothing or bedding
- Changes in behavior, fear, or withdrawal
- Repeated hospitalizations
Documentation can become important when noticing minor warning signs of elder abuse. Photographs, medical records, and discharge summaries can assist in keeping track of the behavioral, physical, and emotional changes in patients and build an understanding of the type of abuse that occurred.
When a Civil Claim May Be Filed
A civil claim may be considered when evidence indicates the injury was preventable and instead was a consequence of insufficient care. Circumstances that commonly lead to legal action may include:
Repeated Falls - If a resident falls multiple times without modifications to supervision or safety protocols, the facility may not be meeting its duty of care.
Severe Pressure Ulcers - These are advanced bed sores that usually develop over time and can indicate prolonged neglect.
Delayed Medical Treatment - Injuries can worsen over time if facilities fail to notify physicians and families in a timely manner.
Staffing Shortages - Understaffed Facilities can contribute to missed turning schedules, skipped medications, and overall patient neglect.
Types of Damages in Elder Abuse Cases
Elderly patients are not always capable of advocating for themselves. Acknowledging the warning signs of elder abuse is important to decreasing the possibility of future harm. Potential damages may include:
- Medical expenses related to the injury
- Rehabilitation or hospitalization costs
- Pain and suffering experienced by the resident (where permitted by law)
- Funeral and burial expenses in wrongful death cases
- Other losses recognized by statute
Speaking With a Legal Professional
Seeking the proper legal guidance can help elderly patients and their families understand their rights and the potential next steps moving forward. A professional can guide families struggling with nursing home abuse to receive the support they need to recover from their injuries. An attorney may evaluate the case, consult medical experts, and maintain necessary evidence.
How KAASS LAW Can Help
At KAASS LAW, we understand the challenges elderly patients and their families face when dealing with nursing home neglect. Our experienced personal injury attorneys may guide clients through the legalities of their case and provide them with support and care. If you or a loved one has faced injuries from nursing home neglect, you are not alone. Contact KAASS LAW today to discuss your options.