West Palm Beach Nursing Home Abuse Attorney

Common Types of Nursing Home Abuse and Warning Signs

Nursing home abuse can come in the following various forms:

Physical Abuse

Physical abuse can involve hitting, kicking, biting, punching, pinching, improperly restraining, burning, or any other kind of intentional harm.

• Warning Signs: unexplained cuts, bruises, marks on wrists or any signs of restraint, fractures, sprains, an over-medicated state, or appearing under-medicated.

Sexual Abuse

Sexual abuse involves any type of non-consensual sexual contact between a nursing home staff member and a resident.

• Warning Signs: bruising, bleeding from the genital area, torn or bloody clothing or undergarments, unexplained genital infections or sexually transmitted diseases, withdrawal, angry, or have other emotional changes.

Emotional Abuse

Emotional or psychological abuse is prevalent in nursing homes, which can be inflicted by bullying or harassing residents, prohibiting social activities, teasing or humiliating, not allowing visitors or time with family, and any use of words or actions to threaten or intimidate a resident.

• Warning Signs: changes in personality or behavior, withdrawal, depression, nervousness, anxiety, or frequent arguments between the resident and staff.

Neglect

Neglect can be less obvious and is often harder to prove. The nursing home staff may be intentionally harming the patient, or it could be unintentional if, for example, the facility is understaffed.

• Warning Signs: deteriorating health, bedsores, drastic weight loss, poor hygiene, malnutrition, dehydration, unexplained injuries, or staff prohibiting visitors.

Financial Exploitation

Nursing home employees may manipulate residents for financial gain.

• Warning Signs: changes in regular banking habits, sudden and significant withdrawals, abrupt changes to a will or estate plan, or personal possessions disappearing without explanation.

What are Common Nursing Home Injuries?

Unfortunately, many nursing home residents suffer severe and preventable injuries as a result of abuse. Commonly reported injuries include:

• Fractures From Falls: If, for example, nursing home staff provide inadequate medical care or overmedicate a resident, it may cause a fall that can result in a bone fracture. A severe break may require surgical intervention and months of recovery.
• Infections From Bedsores: If a resident is left lying or sitting still for long periods, such as in a bed or a wheelchair, they will likely develop bedsores. If left untreated, these open wounds can become infected and, with time, can progress and cause shock, pulmonary arrest, and even death.
• Malnutrition: Failure to provide food or oversight of a resident who cannot absorb the nutrients in food can lead to physical weakness, which increases the risk of falling and developing infections or other medical problems.
• Dehydration: If a resident does not receive the liquids they require, has an untreated illness, or takes medications such as diuretics and is unmonitored, they may suffer from dehydration. It is especially dangerous for older adults, as it can cause a variety of serious health problems such as urinary tract infections, kidney stones, falls, and more.
• Complications from Medication Errors: Administering the wrong medication or incorrect dosage can cause injuries, ranging from mild injuries such as a rash due to an allergy or as severe as brain damage.
• Wrongful Death: Abuse by nursing home staff or due to the administration’s negligence can contribute to or cause a resident’s death. In those cases, surviving family members have the right to file a wrongful death lawsuit for compensation.

This is not an exhaustive list of the types of preventable nursing home injuries. Oftentimes, had a resident received the proper care and attention they deserved from the beginning, these injuries would not occur.

Factors That Contribute to Nursing Home Abuse

Several factors can contribute to a nursing home resident being particularly vulnerable to abuse:

• Poor Cognitive Function: Residents with mental health problems or psychological disorders are at a significantly higher risk of suffering abuse. According to the World Health Organization (WHO), worldwide, up to 50% of people with dementia suffer some form of abuse.
• Physically Dependent: The more reliant a resident is on the staff, the more prone they are to be abused.
• Socially Isolated: Abuse can go undetected if a resident doesn’t have a support system and isn’t visited regularly by family or friends.
• Lower-Income: An elderly person with a lower-income background will likely be placed in a lower-quality facility with a higher risk of abuse.
• Race: Racial disparities in nursing home care include higher rates of abuse and neglect among residents of color.

What Are the Laws Against Elder Abuse in Florida?

Nursing home residents in West Palm Beach have the following fundamental rights established by the 1987 Nursing Home Reform Act:

• Freedom from abuse, mistreatment, and neglect
• Freedom from physical restraints
• The right to privacy
• The right to have personal belongings and property
• The right to be informed of medical conditions and to consult a doctor of their choice
• Participate in the review of one’s care plan and be fully informed in advance about any changes in care, treatment, or change of status in the facility
• The right to refuse medications and treatments
• The right to an environment that provides maximum comfort and independence
• The right to a choice as to their schedule and whether they participate in resident and family groups
• The right to be treated with dignity and respect
• The right to manage finances or designate someone of their choice to do so
• Voice grievances without discrimination or reprisal

Florida’s Statutes on Residents’ Rights

Florida law furthers residents’ rights under Section 400.022 of the Florida Statutes by detailing that nursing home residents should be assured the following:

• Private and uncensored communication.
• Visitation by any individual that provides health, social, legal, or other services and the right to deny or withdraw consent at any time.
• Participation in social, religious, and community activities that do not interfere with the rights of others.
• Right to view recent facility inspections by federal and state agencies, including any plan of correction.
• A quarterly accounting.
• Complete information on the services available at the facility and their charges.
• Adequate and appropriate health care, protective, and support services within established and recognized standards.
• The right to choose their physician and pharmacy.
• Notification before room changes.
• Information concerning bed-hold policy for hospitalization.
• A transfer or discharge only for medical reasons, the welfare of other residents, or nonpayment of a bill.
• 30-day advance written notice of discharge or relocation and the ability to challenge such notice.
• Copies of the rules and regulations of the facility.