Assisted Living Abuse Lawyer

When you send your loved one to an assisted living facility, you expect that they are getting the proper care. Unfortunately, that’s not always the case. 

The National Council on Aging reports that 1 in 5 older adults have been the victim of some form of elder abuse, and that includes older adults who are in assisted living facilities.[1] If you or someone you know has been the victim of assisted living abuse, the Nursing Home Law Center can help. 

Common Types of Abuse in Assisted Living Facilities 

There are common forms of abuse that you can look out for in your loved ones. We handle cases of these types of abuse and more, so know how to spot the signs and systems to protect your loved ones. 

Physical Abuse

Physical abuse is intentional physical harm or injury that is inflicted upon another in an assisted living facility. It often is the form of physical actions like hitting, shaking, slapping, pushing, or kicking another person. 

If patients are being restrained excessively, this can be a sign of physical abuse in a care facility. 

Signs you can look out for are:

• Bruising: Check wrists, arms, legs, face, and other body parts for signs of being struck or grabbed forcefully. Sometimes, they may be shaped like fingers if the person is grabbed too hard.
• Cuts: Your loved ones may have cut themselves during the altercation, leading to cuts and bleeding on their body. Look at their arms, legs, and faces for indications.
• Broken bones: Elders are prone to broken bones as they age, so they can easily break a bone if they fall.
• Unexplained injuries: If your family member was injured and no one can tell you why, it may be the result of abuse in assisted living facilities. They could have been pushed over or fallen during an abusive episode.

Physical abuse is one of the most visible forms of abuse, and people may try to leave the injuries in less common places to hide them. Be sure you are thorough in your investigation if you believe your loved one is being physically abused, and take pictures of any evidence.

Emotional Abuse

Emotional abuse is often verbal abuse that leads to emotional distress or mental anguish. This is usually accomplished through humiliation, yelling, intimidation, or isolation. It is a form of psychological abuse that can lead to emotional trauma. 

Because there are no visual signs of emotional abuse, you’ll want to keep an eye out for more subtle signs in your loved one. 

• Changes in Behavior: If your loved one suddenly does not act like themselves, you may want to investigate the reason behind it. This could be changes in mood, attitude, desire to be alone, etc.
• Physical responses: A person learns to react to certain words or situations, so if your loved one is jerking or protectively holding themselves, it can be a good sign of emotional abuse. 
• Outbursts: Emotional abuse can lead to irregular behaviors. Keep an eye out if your loved one starts to scream, yell, or act in ways that are not normal for them.
• Lack of confidence: Many times, emotional abuse is about taking a person down and making them feel worthless. If your loved one starts to feel depressed or down out of the blue, it could be due to emotional abuse. 

Many elders may resist the idea that emotional abuse is a type of abuse. Because of that, you want to make sure that you ask questions about how they are being treated both physically and verbally to get to the root cause of the abuse.

Sexual Abuse

Sexual abuse is unwanted sexual contact of any type, including rape, touching, sexual harassment, and more. Your loved one did not consent to the activity, and even if no physical penetration occurred, it is still a type of sexual abuse. 

This is often the result of an abuse of power, and signs you can look out for sexual abuse in a care facility are:

• Sexually transmitted diseases: A good indicator of sexual assault in an assisted living facility is the presence of sexually transmitted diseases. Some can be easily treatable, while others may only be managed through medication.
• Physical injuries: Bleeding, bruising, scratches, and other physical injuries can be a sign of sexual abuse, especially if they are around your loved one’s genitalia. 
• Behavior change: Many victims of sexual abuse internalize the abuse. This leads to changes in behavior, including becoming withdrawn, having outbursts, getting depressed or anxious, etc. 
• Extreme Fear: Often, victims of sexual abuse fear the gender or type of person that abused them. If your loved one is afraid of men, women, doctors, nurses, aides, and other staff, they may have been abused.

Anyone can be a victim of sexual abuse, including nursing home residents of any age. Some patients may not even be capable of consenting at all. 

Financial Abuse

Financial abuse is when another person exploits the older adult financially. This could be by manipulation or theft of one’s assets, money, or property for personal gain. 

Within an assisted living facility, caregivers, staff members, and other medical professionals can perpetrate financial abuse. It can be hard to spot financial abuse unless you have access to your loved one’s accounts, and here is what to look out for.

• Changes in wills, life insurance policies, or legal documents: Many times, caregivers coerce patients to change their legal documents and add them as beneficiaries, which can often lead to others being left out.
• Unauthorized transactions: Credit cards, checks, loans, and other financial transactions can be initiated on behalf of your loved one based on the information you provided to the assisted living facility. They can also steal and use current cards.
• Theft: Jewelry and other valuable personal items may go missing at an assisted living facility. This is a type of financial abuse, and depending on the value of the stolen item, it can lead to other kinds of legal charges. 

It is essential that you monitor your loved one’s accounts when they are in an assisted living facility and report any fraudulent activity as soon as possible. 

Neglect

Neglect occurs when an assisted living facility fails to provide the care needed to maintain a positive quality of life. It does not meet its patients’ most basic needs, including adequate access to food, water, proper hygiene, medicine, clothing, and more.

It can also be a failure to provide access to proper medical care, especially if an injury occurred due to the neglect. Neglect often has many physical indicators, including:

• Bedsores: If people are not moved or adjusted, they will develop bed sores on their bodies that can become infected and cause other health issues.
• Weight loss: Your loved one could lose weight if neglected at their assisted living facility. They are not being provided access to food as a manipulation tactic.
• Dehydration: Dehydration often comes with weight loss when patients are denied food and water at an assisted living facility. 
• Medication errors: Intentionally or unintentionally giving other residents the wrong medicine or not giving it to them.
• Unsanitary living conditions: If you visit your loved one and they reek of human excrement like urine or feces, they may be neglected. Similarly, if the room is dirty and unsanitary, this can be a sign of assisted living neglect.  

It is important to remember that neglect can be active, where the person is doing intentional harm by not actively providing access to a resident’s basic physical or emotional needs. Neglect can also be passive, where care is not being given promptly. In some cases, it may even lead to the wrongful death of a patient. 

Perhaps it is due to inadequate staffing or negligent facilities. Regardless of the reason, these vulnerable residents deserve to seek compensation for the abuse and neglect they face daily.

Legal Rights of Assisted Living Facility Residents

If you or a loved one have faced abuse in a care facility of any type, you have legal options. Elderly residents have a reasonable expectation of proper care in nursing facilities. They can seek legal representation from an assisted living facility abuse lawyer if they do not get it.

Resident Rights

As a resident of an assisted living facility, you expect the following rights:

• Right to be free from abuse and neglect: You have the right to receive care at a skilled nursing facility. You should not have to worry about your physical or emotional well-being in your daily life.
• Right to dignity, respect, and privacy: You should be treated with care at assisted living facilities with respect to you as a human being. Often, these rights are infringed upon in assisted living abuse cases.
• Right to participate in their own care decisions: If you are of sound mind, you have the right to make decisions about your care. Many family members and other staff members will try to make decisions for you, and this can be a form of assisted living abuse. 
• Right to complain without fear of retaliation: You deserve to speak up and be heard if you feel you are not getting the medical care you deserve in an assisted living facility. 

If any of these rights have been infringed upon in a care facility, you should contact nursing home abuse lawyers who can help you understand your legal options.

Legal Remedies for Abuse

If your resident’s rights have been infringed upon, you or your loved ones can pursue the following legal remedies.

• Negligence claims: By filing negligence claims, you are holding the facility liable for failing to provide a safe environment for your loved ones. They can be held liable for negligence that leads to physical, emotional, sexual, or financial abuse, among others.
• Breach of contract: When you enter into an assisted living facility, you sign a contract that outlines the care that is expected. You can seek damages for violating the resident agreement if they do not provide that care.
• Wrongful death: In extreme cases, abuse or neglect can lead to a resident’s death. While it cannot get your loved one back, you can seek compensation for their wrongful death and make sure it never happens to anyone else.

Why Choose Nursing Home Law Center for Your Case

When you want to file an abuse and neglect lawsuit, you want to ensure that you select the right nursing home abuse lawyers. That’s where Nursing Home Law Center comes in. 

Experience in Elder Abuse & Neglect Cases

We have experience in elder abuse and neglect cases across all sectors. With a proven track record of success, we represent victims and their families as they pursue justice and recover money. 

We have a deep understanding of elder law, nursing home regulations, personal injury law, and access to investigators, medical experts, and geriatric care specialists. We can help you navigate the complex legal process with care.

Compassionate & Client-Focused Representation

At Nursing Home Law Center, we recognize the vulnerability of our elderly victims and approach each case with care and sensitivity. We value confidentiality and respect and protect our client’s privacy throughout the legal process. 

We are your advocates, committed to seeking justice and compensation for your loved ones. Abuse and neglect are never acceptable in any situation, and you deserve legal representation that will relentlessly fight on your behalf. 

Injuries Sustained in Assisted Living Facility Abuse Cases

Nursing home negligence is serious, and if your loved one is a victim of this type of abuse, it can lead to significant health issues down the line. Here are some common injuries that may be sustained in assisted living abuse cases.

Dehydration

When patients are withheld from water and other sources of hydration, it can lead to dehydration. Symptoms of dehydration to look out for are dark yellow and strong-smelling urine, infrequent urination, sunken eyes, and dry mouth, lips, or tongues. 

Dehydration can be dangerous at any age, especially in seniors, as it can cause lightheadedness and dizziness. As a result, elders may fall, which can lead to other injuries and, in severe cases, death.

Broken Bones

It may be easier to break a bone as you age due to a lack of bone density. If you are physically abused, your abuser can break bones during the attack. You can also break a bone if you slip and fall, are dehydrated, or have medication errors. 

At any rate, breaking a bone can lead to other health issues and also be an indicator of when you may die, as studies suggest the elderly usually die within years of sustaining the injury.

Burn Injuries

If a loved one is being restrained at an assisted living facility, they may get burns on their wrists. If they are burned due to hot food or other reasons, it may lead to infection. 

As you age, your skin does not heal as quickly, increasing the opportunity for bacteria to enter your body. In severe cases, you may need to seek hospitalization or die as a result of the burn injuries sustained at the assisted living facility.

Taking Action After Suspecting Abuse in an Assisted Living Facility 

There are steps that you can take if you suspect assisted living abuse or if you know someone is a victim of this crime.

Documenting the Abuse

You want to take immediate steps to document the abuse. Gather evidence and write down all the details you can about the incident. This includes what happened, who did it, where it happened, etc. Include the names of any witnesses.

No detail is too small. Additionally, if the abuse was physical, take pictures from multiple angles to create a comprehensive picture.

Reporting the Abuse

If you feel comfortable, report the abuse to the proper authorities. Call the police or file a complaint with the facility administration. There are also elder abuse hotlines that you can call to report the abuse. 

You have options, but you must create a paper trail by reporting what happened.

Seeking Medical Attention

If you were seriously injured or simply wanted to get checked out as a precaution, seek medical attention. Tell the professionals what happened and be specific. It’s the only way they can ensure you are checked out and that no additional injuries are present.

Consulting an Attorney

Contact nursing home abuse lawyers like Nursing Home Law Center LLC. We can help you understand your legal rights and options for seeking justice based on your case. 

You Have Limited Time to Take Action

As a victim of assisted living abuse, you must understand you have limited time to take action against your abuses. Assisted living abuse cases are subject to a statute of limitations, varying from state to state.

Typically, the statute of limitations on assisted living abuse in the United States is between one to three years, though some states will give victims up to six years to file a claim. 

Consult with nursing home abuse lawyers to understand what your options are. You deserve to obtain compensation for the injuries you or a loved one sustained in care facilities. 

Liable for Damages in Assisted Living Abuse Cases 

If you are a victim of assisted living facility abuse, you can hold the assisted living facility liable for damages, as well as the individual or individuals who caused the action.

To prove the nursing facility was liable, you have to prove that they owed the patient a duty of care and that their breach of care caused the damages. You’ll want to consult with nursing home abuse lawyers to understand exactly what options you have in holding the facility accountable for the abuse that occurred within its property. 

Damages You Can Recover in Assisted Living Abuse Cases

As you pursue your legal options, there are different types of damages that you can recover in assisted living facility abuse cases, and the amount of compensation that you can receive will vary.

Economic

Abuse often has economic impacts, and you can receive damages to help cover these costs. They include:

• Medical bills: Doctor’s visits, ambulance rides, hospital visits, surgery, etc. can all be recovered during assisted living neglect cases. 
• Mental health treatment: Therapy, in-patient services, medication, and more can all be covered. 
• Funeral costs: If the assisted living abuse led to death, you can recover the cost of the funeral during the proceedings. 

If a cost was accrued due to the assisted living neglect, you can seek damages to help cover it. 

Non-Economic

You can also seek damages for intangible results of assisted living facility abuse as well. These include: 

• Missed income: If you cannot work due to the abuse, you can get compensated for lost wages.
• Pain and suffering: If your abuse resulted in injuries, you can recover money for the pain and suffering that you endured as a result.
• Emotional trauma: Much like pain and suffering, you can seek damages for the emotional distress that the abuse caused in your life. 

If your quality of life was diminished or you had any emotional issues as a result of the assisted living abuse, you can seek damages against them. Assisted living facility residents have rights, and you must seek compensation to help protect them. 

Punitive

You can seek punitive damages in addition to those you seek. These settlements are often intended to punish the perpetrator for the crime they committed and deter them from offending again.

The punitive damages that you can seek are often limited, so you will want to consult with nursing home abuse attorneys like Nursing Home Law Center to understand your options.

Contact Experienced Assisted Living Abuse Attorneys

Residents of assisted living facilities deserve to feel safe and cared for in their care facilities. If this is not the case and you or your loved ones have been the victim of assisted living abuse, you have options. 

At Nursing Home Law Center, we can help you navigate the legal process, treating you and your case with the utmost respect. Contact us at (800) 926-7565 or use our contact form to schedule your free consultation today. Our team of nursing home abuse attorneys can help you seek justice and get compensation.

References: [1] National Council on Aging, [2] National Institute of Health