West Jordan Nursing Home Abuse Lawyer

Unfortunately, it is often the most vulnerable members of society that are harmed by the abuse and neglect of others. Sadly, nursing home mistreatment occurs everywhere, including in Utah.

The disabled and elderly are frequent victims of abuse. Those with mobility issues and cognitive decline are often the easiest targets who suffer mistreatment in a nursing home environment. However, those who suspect elder abuse can take steps to stop the mistreatment.

The Utah personal injury attorneys at Nursing Home Law Center, LLC recognize that abuse is often a silent crime when the injured parties live in fear of retaliation should they discuss how they were harmed. Our affiliate Utah personal injury lawyers advocate on your behalf of victims to ensure they are compensated for damages.

Contact our West Jordan nursing home abuse lawyers at (800) 926-7565 (toll-free phone number) or use the contact form today for immediate legal advice and schedule a free consultation. All confidential information you share with our legal team remains private through an attorney-client relationship.

What Are Abuse and Neglect?

According to the National Center on Elder Abuse (NCEA), elder abuse is "any intentional action or inaction that causes harm or creates a serious risk of harm to a vulnerable elder by a caregiver or other person who stands in a trust relationship to the elder."

However, elderly senior citizens are not the only victims in nursing homes. The disabled, rehabilitating, and sick are also nursing home residents ranging in age from infants to the very old.

The CDC (Centers for Disease Control and Prevention) reports that more than one in every ten seniors will experience some form of elder abuse nationwide. The National Council on Aging (NCOA) reports that only one in fourteen elder abuse cases are reported to authorities.

As a result, the number of nursing home patients falling victim to abuse and neglect is likely much higher than what is officially reported.

Abuse in Utah: The Statistics

In Utah, the nursing home abuse data shows that senior citizen abuse occurs at an alarming rate, with one in nine adults over 60 being abused. One in three patients will experience physical, emotional, or sexual elder abuse in a long-term care facility.

The Utah Office of the Attorney General defines:

  • Abuse as "non-accidental physical harm, sexual abuse, emotional abuse, exploitation, or neglect of a vulnerable adult by another person.”
  • Neglect is "the failure of a caregiver to provide adequate food, shelter, clothing, supervision, personal care or medical care that a vulnerable adult needs.”

Elderly nursing home residents and disabled persons who suffer abuse or neglect can experience various injuries, including bruises, cuts, broken bones, pressure sores, sexual assault, and even wrongful death.

Nursing home patients are especially vulnerable to abuse and mistreatment because they often rely on caregivers for their basic needs, including activities of daily living, personal care, and medical treatment.

Additionally, many residents have dementia or Alzheimer's disease, making it difficult to communicate what is happening to them.

Caregiver employees are not the only abuse suspects; if not properly monitored, a family member or guest visiting can take advantage of your loved one. Other residents or roommates can cause abuse in negligent nursing home environments.

Who Are the Perpetrators?

Sadly, abusers come in all shapes and sizes. In most cases, the abuser is someone the victim knows and trusts, such as a family member, friend, or caregiver.

According to the NCEA, about 60% of elder abuse perpetrators are adult children or spouses. Other abusers include family members, such as grandchildren, nieces, and nephews. In about 20% of nursing home abuse cases, the abuser is a caregiver, such as staff members or other employees.

Punitive damages and justice can still be sought after for your loved one if they were in an abusive situation as a West Jordan nursing home resident. Consider making a report to police or authorities about what happened and confide in an attorney about your case.

If the suspects overhear that you have hired an attorney and are filing a case in a court of law, it often scares the suspect, and they may even back off from their criminal behavior.

Common Types of Nursing Home Abuse and Neglect

Nursing home abuse and neglect are not always easy to spot since the victims may be elderly or vulnerable adults. However, you must know what to look for and how to get help if you believe someone you love is being abused or neglected in a nursing home.

There are many different types of nursing home abuse. Some of the most common include:

  • Physical abuse is any non-accidental force used against a nursing home patient, including hitting, kicking, punching, pushing, burning, or using excessive restraints.
  • Sexual abuse is any sexual contact or activity forced upon a nursing home patient, including rape, sodomy, and sexual assault.
  • Emotional abuse is verbal or nonverbal behavior that causes psychological trauma to disabled or elderly patients. This abuse can include name-calling, threats, intimidation, and isolation.
  • Financial exploitation occurs when someone takes advantage of a nursing home resident for personal gain. This abuse can include financial exploitation, such as stealing money or using the resident's credit card without permission.
  • Neglect is the failure to provide adequate food, shelter, clothing, supervision, personal care, or medical care that a patient needs.
The Common Signs of Abuse And Neglect

Awareness of the signs and symptoms of nursing home abuse and neglect saves lives and minimizes a resident's pain and suffering. Cases of mistreatment vary, but some common indicators include:

  • Unexplained bruises, cuts, and laceration
  • Broken bones
  • Hip fractures
  • Bedsores
  • Rapid weight loss
  • Dehydration
  • Unsanitary living conditions
  • Poor hygiene

Neglect can be an employee leaving a patient unsupervised or failing to provide adequate food, clothing, or medical care. All of these factors can lead to rapid health decline, which is why patients have a right to be protected under the law.

Nursing Home Negligence and Medical Malpractice

The Centers for Medicare and Medicaid Services (CMS) regulates every Medicare-approved nursing home nationwide, ensuring that caregiving establishments follow established procedures and protocols that protect the residents' health and well-being. Unfortunately, caregiving mistakes and medical malpractice still happen.

Some of the most common types of nursing home negligence and medical malpractice include:

  • Medication errors - Medication errors are among the most common types of nursing home negligence. These errors can occur when a home fails to properly administer medications or when residents are given the wrong medications.
  • Falls - Falls are a leading cause of injuries and death in nursing homes. Most falls can be prevented with proper supervision by employees in a safe environment, but many facilities fail to take these precautions.
  • Wandering - Wandering is a common problem in long-term care facilities, particularly among residents with dementia or Alzheimer's. If a long-term care institution fails to provide adequate supervision, residents may wander away and suffer serious injuries or even death.
  • Pressure ulcers - Also known as bedsores, pressure ulcers are a common problem in nursing homes. These ulcers occur when residents are left in one position for too long, and the pressure cuts off circulation to the skin. If not treated promptly, bedsores can become infected and cause serious health complications.

Do you believe your loved one has been injured due to nursing home negligence or medical malpractice? Contact an experienced West Jordan nursing home abuse lawyer as soon as possible.

Many nursing home abuse cases are initiated as medical malpractice claims filed by victims to hold the responsible parties accountable for financial compensation. In these personal injury cases, clients often identify medical personnel, nursing staff, administrators, other employees, and the nursing center as defendants.

Facility-acquired Bedsores Are Typically a Sign of Nursing Home Negligence

CMS regulators investigate complaints involving facility-acquired bedsores (pressure sores, pressure wounds, pressure ulcers, decubitus ulcers) because they are known as "never events." It means they should never develop when the nursing staff follows established protocols.

Any developing bedsore left untreated can progress to a severe condition within a few days.

Pressure wounds are caused by excessive, ongoing pressure on a body part that restricts oxygenated blood flow to the area in as little as 90 minutes. A pressure sore in its initial stage appears as a reddened, warm area. When the nursing staff takes immediate action, the wound can heal completely in a few days.

These wounds usually indicate negligence, failing to follow protocols, and the resident’s care plan directing the staff on skin care.

The six stages of bed sores include:

  • Stage I – At the initial stage, the wound appears as a reddened area.
  • Stage II – The wound appears as an open sore with a blister or abrasion.
  • Stage III – A deep crater appears with damage to the underlying tissue.
  • Stage IV – The wound appears as a large crater with severe damage to the underlying tissue.
  • Unstageable – It is when a bedsore is too deep to accurately assess the stage of healing.
  • Necrotic – The tissue around the sore has died. Surgeons often debride (cut away) the affected area to stimulate healing.

The most critical factor in healing a bedsore is catching it early. The nursing staff must take immediate action when seeing any reddened areas on a resident's skin. If the bedsore is not treated, it will progress through the stages and can become life-threatening.

Patients describe bedsores as painful. These sores can lead to serious health complications, including infection, sepsis, and death. Concerned families that suspect mistreatment can contact our nursing home abuse attorneys to report abuse and discuss filing a personal injury case.

Filing a West Jordan, UT Nursing Home Abuse Case

Any injured party harmed by the neglect, recklessness, or abusive behavior of others can file a nursing home abuse lawsuit against all responsible parties, including the perpetrator and nursing home. Filing a claim will ensure that your family receives the justice and compensation you deserve.

However, receiving compensation is not automatic. Your attorneys need to determine which parties are liable, including any long-term care facility or nursing home where the harm occurred.

Next, you or your lawyer must prove the four elements of Utah civil tort law, citing nursing home abuse, including:

  • Duty of care – The nursing home or long-term care facility owes your loved one a duty of care to protect them from foreseeable harm.
  • Breach of duty – The long-term care facility breached its duty of care by failing to take reasonable steps to prevent nursing home abuse or neglect.
  • Causation – The breach of duty directly caused the injuries or harm suffered by your loved one.
  • Damages – Your loved one suffered quantifiable damages due to the abuse or neglect, such as physical pain and suffering, emotional distress, and medical bills.
Statute of Limitations

It is important to note that families only have two years to file a civil lawsuit for nursing home abuse or neglect in Utah. If they don't file your lawsuit within this time frame, they will be barred from seeking compensation.

If you have reached the end of your two years, you can always schedule a consultation with an attorney to see what other options you may have under the law and provide advice on what is an alternative for your family. All lawyers would agree to never wait because it could be too late.

Families must hire a West Jordan nursing home abuse attorney as soon as possible to discuss their legal options and ensure that the case is filed promptly.

What Compensation Is Available for Abused Nursing Home Residents?

If you are successful in filing a nursing home abuse or neglect claim, you may be eligible to receive various types of compensation, including:

  • Medical expenses – All current and future medical expenses related to the abuse or neglect, including hospitalization, doctor's visits, physical therapy, and prescription medications
  • Pain and suffering – All non-economic damages for the physical and emotional pain and suffering caused by the abuse or neglect
  • Loss of enjoyment of life – Loss of quality of life due to the injuries suffered
  • Punitive damages – Typically, punitive damages that are meant to punish the nursing home or long-term care facility for their negligent or reckless behavior

With our affiliate team of knowledgeable attorneys to navigate the legal system and fight against corporate lawyers trying to turn the law against the rights of our clients, not only helps your family. Making a report, getting your loved one into a safe environment, and filing a case all help stop the abuse from continuing and others possibly becoming victims.

Hire a West Jordan Nursing Home Abuse Lawyer Today

Has your loved one been injured due to nursing home abuse or neglect? Call the experienced West Jordan nursing home abuse lawyers at Nursing Home Law Center, LLC, for legal assistance.

An affiliate personal injury law firm attorney will investigate the circumstances surrounding the abuse or neglect and help you hold all responsible parties accountable. Call our Salt Lake City, UT nursing home abuse attorneys today at (800) 926-7565 or use the contact form on the website for a free case review.

Our Nursing Home Abuse Attorneys

Our legal team currently represents injured people dealing with an abusive situation and numerous locations across the state, including West Jordan, South Jordan, and Salt Lake City, UT. Our trial lawyers have a proven track record of success In obtaining justice and compensation for our clients.

Our nursing home abuse lawyers accept all personal injury cases and wrongful death lawsuits on a contingency fee agreement. This arrangement ensures our clients pay nothing to an attorney until our nursing home abuse attorneys resolve our clients’ claim for economic and non-economic damages through negotiated settlements and jury awards.

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Client Reviews

★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
★★★★★
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric