Iowa Nursing Home Abuse Attorney

Seek Justice for Injuries and Neglect in Iowa Nursing Homes

Summary:

Iowa Code §235E gives residents the right to safety and self-determination. If your loved one’s legal right to freedom from abuse has been violated, an Iowa nursing home abuse attorney can hold the facility accountable and secure compensation for medical expenses. Book a free consultation with the Nursing Home Law Center today. 

What Types of Elder Abuse Are Common in Iowa Care Facilities?

Under Iowa law, nursing home abuse includes actions that result in unnecessary pain or deprivation of a person’s rights. If you suspect any of the following forms of elder abuse in assisted living facilities, contact us right away for legal guidance.

• Sexual Abuse: Sexual abuse of the elderly in a nursing home facility may involve staff members or other residents. This type of abuse ranges from inappropriate touching during hygiene tasks to rape or sexual assault. Victims are often older women with comorbid conditions who cannot consent or fight back.
• Financial Exploitation: Elder financial abuse may involve illegal or unauthorized use of bank accounts, Social Security checks, and pensions. Staff members or fellow residents may steal expensive items such as jewelry. In some cases, facilities may perpetrate Medicare or Medicaid fraud. 
• Emotional Abuse: Sadly, many nursing home abuse victims suffer from emotional elder abuse because it does not leave physical injuries and is more difficult to prove. Elderly residents may be mocked, insulted, shouted at, or made to feel guilty for having complex needs.
• Physical Abuse: Staff may perpetrate physical elder abuse that can cause severe pain or even early death. This can include shoving, kicking, pushing, hitting, or grabbing residents too hard.

What Injuries Do Iowa Nursing Home Residents Suffer Due to Abuse and Neglect?

Some of the most common nursing home injuries in Iowa include:

• Infections: Poor hygiene may result in UTIs, kidney infections, respiratory infections, or even sepsis and other life-threatening illnesses.
• Pressure Ulcers: These skin injuries are often clear signs of elder neglect, as they occur when a low-mobility resident is not regularly repositioned or cleaned.
• Medication Errors: Residents may suffer complications such as blood clots or hypoglycemic attacks. 
• Falls and Fractures: Inadequate supervision can result in serious personal injury as residents attempt to care for themselves or move without assistance.
• Malnutrition and Dehydration: Over time, malnutrition and dehydration can cause kidney damage or brain damage while also making it more difficult to fight off infections.
• Trauma and PTSD: Not every nursing home injury is visible. Residents exposed to egregious treatment or neglect may suffer cognitive changes, depression, anxiety, and nightmares. 

What to Do If You Suspect a Loved One Has Been the Victim of Nursing Home Abuse or Neglect in Iowa

If you suspect nursing home abuse involving your elderly loved one or disabled relative, follow these steps as soon as possible:

• Report to the Facility and Relevant Authorities: Inform the nursing home staff of the issue, then contact an abuse hotline and the local police.
• Document the Abuse: Take photos not just of injuries, but of any clear hazards or otherwise unsafe conditions.
• Seek Documentation: Request medical records and facility logs, which nursing home neglect lawyers can review.
• Consult with an Iowa Nursing Home Abuse Attorney: A nursing home abuse attorney from our firm will explain the legal process and help you explore your options. 

What Laws Govern Nursing Home Abuse Cases in Iowa?

Nursing home abuse cases in Iowa are determined by Iowa Code Chapters 235E  and 235B.

Iowa Code Chapter 235E outlines what constitutes elder abuse, including failing to provide proper care and medical attention. 

It also authorizes the Department of Inspection, Appeals, and Licensing (DIAL)  to investigate potential abuse. Medical professionals who suspect neglect are mandated reporters and must report their concerns to the department.

The state operates a registry of known offenders, as required by Iowa Code Chapter 235B. Nursing homes that fail to check this registry may be held liable under a negligent hiring theory. 

Where and How to Report Nursing Home Abuse in Iowa

Families can report nursing home abuse to the local police, Iowa’s Health & Safety Division, Adult Protective Services, or the state’s long-term care ombudsman, either online or by phone. 

911 in Cases of Immediate Danger

If your loved one is in immediate danger, call 911. Provide the nursing home address and briefly describe the situation. 

The Iowa Department of Inspections and Appeals (DIA)

The Department of Inspections and Appeals, Health & Safety Division, oversees the state’s nursing home industry and investigates potential nursing home neglect or abuse. You can file a complaint form online or call the hotline at 1-877-686-0027 for immediate service. 

Dependent Adult Protective Services (APS)

Dependent Adult Protective Services investigates elder abuse in nursing facilities and in communities, helping families take action. You can call their 24/7 hotline at 1-800-362-2178.

Office of the State Long-Term Care Ombudsman

An ombudsman can help resolve conflicts between families and nursing homes or respond to complaints. You can contact the Office of the State Long-Term Care Ombudsman using their online form or by calling 1-866-236-1430.

How Our Iowa Nursing Home Abuse Law Firm Can Help

A nursing home abuse lawyer helps you file legal proceedings against a negligent facility for abuse, neglect, or wrongful death. We handle third-party communications and negotiate for fair compensation. If negotiations fail, our trial lawyers are ready to present your nursing home negligence case in court. 

Evidence Needed to File a Nursing Home Abuse Lawsuit in Iowa

Evidence needed in an Iowa nursing home abuse lawsuit includes: 

• Care plans showing activities of daily living (ADLs), behavior assessments, fall risks, and nutrition/hydration, along with any revisions
• Progress notes, nurse notes, and CNA flow sheets
• Medication records, including Medication Administration Records (MARs), pharmacy logs, and PRN administration notes
• Physician’s orders and consults for physical or occupational therapy, wound care, psychiatry, and dietitian services
• Incident reports and post-incident monitoring for falls, elopement, aggression, or medication errors
• Vitals logs
• Documentation for sudden changes in condition
• Hospital and EMS transfer records, including discharge summaries and any imaging
• Care conference notes
• Family communications, including call records and emails
• Staffing and assignment sheets for the times in question
• Facility policies or procedures for relevant events, like falls, restrains, infections, medication management, or supervision

After gathering this information, we will begin negotiations with the facility to seek compensation for any unexplained injuries. 

Parties That Can Be Held Liable in Iowa Nursing Home Abuse and Neglect Cases

Parties that can be held liable in a nursing home abuse claim in Iowa include: 

• Care facility operators
• Management companies
• Staffing agencies
• Individual caregivers, when relevant

Common patterns in nursing home negligence cases include inadequate staffing, inadequate training, or negligent supervision. These typically arise from profit-motivated business decisions. 

Damages Awarded to Injured Nursing Home Residents and Their Family Members in Iowa

Damages awarded in nursing home abuse cases in Iowa can include:

• Medical bills
• Hospitalization and surgery
• Relocation
• Rehabilitation
• Funeral and burial costs for death
• Physical pain and suffering
• Emotional distress
• Loss of enjoyment of life

Our nursing home abuse lawyers will calculate economic damages using available documentation, then use this to assess non-economic damages like grief or emotional distress. 

What Is the Average Nursing Home Abuse and Neglect Settlement in Iowa?

The average settlement in nursing home abuse and neglect cases in Iowa is $362,000.

Example Cases Handled by Our Iowa Nursing Home Abuse Lawyers

$12,800,000: Marcel had mobility challenges after a stroke. Staff failed to reposition him regularly, resulting in untreated bed sores that led to his death.

$3,000,000: John was in a skilled nursing facility recuperating from a hip replacement. Despite staff claiming he was receiving physical therapy and repositioning, John developed pressure sores that became infected, causing his death.

$1,500,000: Ann suffered from severe dementia and was meant to have 24/7 supervision. However, she drank cleaning chemicals from an unlocked supply cabinet, leaving her with severe esophageal burns. 

Book a Free Consultation

Our compassionate nursing home abuse lawyers are here to protect your legal rights and guide you through the settlement process. We work on a contingency fee basis, meaning you owe us nothing unless we win. Call us at (800) 926-7565 or use our online contact form to schedule a free consultation.

FAQs

How common is nursing home abuse in Iowa?

Around 34% of Iowa nursing facilities rated by Medicare were deemed below average.

Who can file a claim on behalf of a nursing home resident in Iowa?

The victim, their power of attorney, or legal representative can file. For fatal abuse, the next of kin can file. 

What is the legal deadline to file an Iowa nursing home abuse lawsuit?

According to Iowa Code 614.1, the statute of limitations for personal injury is two years.

What are the worst nursing homes in Iowa?

The worst nursing homes in Iowa are those whose substandard care poses an immediate jeopardy to a resident’s health or safety. This is determined based on deficiencies in CMS standards, infection ratings, or complaints from residents and their families. These facilities are as follows:

• Accura Healthcare Of Knoxville, Knoxville, Iowa
• Accura Healthcare Of Lake City, Lake City, Iowa
• Accura Healthcare Of Newton East, Newton, Iowa
• Aspire Of Perry, Perry, Iowa
• Azria Health Park Place, Des Moines, Iowa
• Bethany Lutheran Home, Council Bluffs, Iowa
• Blackhawk Life Care Center, Lake View, Iowa
• Crestview Nursing & Rehab, Webster City, Iowa
• Emmetsburg Care Center, Emmetsburg, Iowa
• Fort Dodge Health And Rehabilitation, Fort Dodge, Iowa
• Good Samaritan Society Red Oak, Red Oak, Iowa
• Good Samaritan Society Waukon, Waukon, Iowa
• Grundy Care Center, Grundy Center, Iowa
• Halcyon House, Washington, Iowa
• Harmony House Health Care Center, Waterloo, Iowa
• Harmony Marshalltown, Marshalltown, Iowa
• Harmony Waterloo, Waterloo, Iowa
• Lutheran Living Senior Campus, Muscatine, Iowa
• Oskaloosa Care Center, Oskaloosa, Iowa
• Prestige Care Center Of Fairfield, Fairfield, Iowa
• Regency Care Center, Norwalk, Iowa
• Rehabilitation Centers Of Independence West Campus, Independence, Iowa
• Royal Oaks Nursing And Rehabilitation Center, Urbandale, Iowa
• Sanford Senior Care Sheldon, Sheldon, Iowa
• St Luke Lutheran Nursing Home, Spencer, Iowa
• The Cottages, Pella, Iowa
• The Vinton Lutheran Home, Vinton, Iowa
• Wesley Park Centre, Newton, Iowa

References: Law.com, CMS