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If your loved one has been a victim of nursing home neglect or abuse, it is imperative that the nursing home be held responsible for the actions of their employees.
The personal injury attorneys at Ritchie Reiersen Law have spent many years helping protect the rights of individuals who are being mistreated and injured through no fault of their own – and they can help you find justice through this difficult situation.
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When our parents or spouse get to the advanced age where health concerns become more than we are able to handle on our own, we often turn to nursing homes in the community to give them the daily care that is required to keep them healthy and safe. We trust these nursing homes to care for our loved ones in every way – medically, emotionally, and socially. Much of the time this happens as expected and is a blessing that allows us to be involved with the daily life of our loved ones, yet decreases the stress and heartache that accompanies our inability to fully care for them at the level their health requires.
When the unthinkable happens, however, and we find that our older loved ones are not being properly cared for in the nursing home, what recourse is available? At Ritchie Reiersen Law, we recognize and honor our aged population. These individuals have lived through a multitude of changes and challenges in their lives, and they deserve to be cared for with the love and respect that their own family would provide. When nursing homes fail to provide safety for their residents, either as a result of neglect or outright abuse, it is imperative that they be held responsible.
Includes, hitting, slapping, pushing, or otherwise causing physical harm on purpose. Inappropriate use of restraints can also be considered physical abuse.
Includes unauthorized use of a resident’s money, credit cards, or financial assets. This also includes billing for procedures that aren’t needed or weren’t received.
Includes any unwanted or inappropriate attention that is sexual in nature – fondling or touching, exposing oneself to a resident, or unnecessarily causing a resident to be naked can all be considered sexual abuse.
Is much more difficult to notice unless you witness it – but can include embarrassing a resident, belittling them, isolating residents, or threatening a resident (often to hide other forms of abuse).
When our loved ones enter a nursing home, it is usually due to health concerns that are more than we can help them with on our own in our homes. We trust the nursing home staff to give these loved ones the attention and medical care that they critically need. What should we look for as red flags that perhaps our loved ones aren’t receiving the care they need? Some signs of nursing home neglect can include:
Because individuals of this population are considered “vulnerable adults” there are special legal considerations given to them. However, due to medical or other issues, they may not be able to tell us what is happening to them at the nursing home. It is important to be vigilant, and if you suspect your loved one is experiencing neglect, contact an attorney right away.
At Ritchie Reiersen Law, we understand how devastating instances of elder abuse and neglect can be on the entire family. We feel it is important to talk about the issue and demand justice – not only for your own loved one, but also for the other individuals who may not have someone to advocate for them. If you suspect abuse or neglectful actions in a nursing home, call us today to speak with a local personal injury attorney. We offer a free, no-obligations consultation and would be honored to earn your trust and help your loved ones live their golden years surrounded by love and respect.
If you suspect neglect or abuse in a nursing home, it is important to find help right away. If neglect or abuse is happening to your loved one, it is most likely happening to many of the residents. You can be a force in stopping the abusive nature of the nursing home by bringing it to light. You can expect your personal injury attorney at Ritchie Reiersen Law to:
As your legal representative, the personal injury attorneys at Ritchie Reiersen Law will listen to you and your loved ones experiences. We will fully investigate the situation. If we can prove that your loved one is experiencing abuse or neglect, we may be able to recover financial compensation for them. Some of the damages your loved one may be able to receive include:
Obviously no amount of financial compensation makes up for the neglect or abuse that was suffered – but it can bring a sense of justice to an unfortunate situation and help your loved one find a different nursing home facility if needed.
At Ritchie Reiersen Law, our clients come first. We are committed to treating all individuals with honor and respect. Not only are cases of nursing home abuse and neglect illegal, but it cuts deep in our hearts to see our valued older generation being mistreated. With a strong knowledge of the law and the ability to fight for the rights of your loved one, we will do everything in our power to not only put a stop to the abuse and neglect, but to help your loved one receive compensation for the damages they have had to endure. Our personal injury attorneys are passionate about standing up for justice and doing the right thing.
We offer a free consultation for all clients, and work on a contingency fee system. If we take your case, you don’t pay us until we win for you. There are no up-front costs, and no hidden expenses. We are open and honest in the way we conduct business, and we consider it an honor to earn your trust. Fighting against nursing home neglect can feel overwhelming – but you don’t have to do it alone. We have the skills and knowledge to take on that fight for you and help you and your loved ones find peace in their surroundings. Call us at
Failure to provide these necessities constitutes neglect. Intentional failure to provide these necessities is considered abuse.
Restraints include bed rails, wheel locks on wheelchairs that prohibit the resident from unlocking them, restraining jackets, wrist restraints, and hand restraints. Overusing restraints, or using restraints without a physician’s orders and without notifying the resident’s contact person can be considered abuse in most situations.
Keep in mind that individuals suffering from dementia or Alzheimer’s may have difficulty communicating with you about what is happening to them. Others may hesitate to report abuse or neglect out of fear of receiving retribution from members of the nursing home staff.
Nursing homes that receive Medicare and Medicaid funding are required to comply with federal regulations. According to CFR 483.13, nursing home residents have the “right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involunatry seclusion.” If you suspect abuse is happening to your loved one, call Adult Protective Services first; then consult with an experienced Nursing Home Abuse attorney. It is important to hold staff accountable for their actions, stop the abuse from happening, and stop funding facilities that aren’t able to meet the federal standard of care guidelines.
Inadequate staffing: Nursing homes often fail to provide adequate staffing around the clock. Staffing numbers are set by state regulations in many cases.
Poorly trained or untrained staff: All staff that provide direct care should be certified and properly trained. Some states have higher standards and regulations beyond this.
Lack of community: Many residents of nursing homes do not have frequent visitors. This can allow negligence to go on unreported for long periods of time.
Poorly maintained facilities or equipment: Because the residents of nursing homes tend to have greater medical needs than the average individual, it is imperative that all the equipment and the general facility in nursing homes are maintained properly and to a level that will provide safe use by residents.
Yes. Anyone who suspects that someone else is experiencing abuse or neglect has a duty and obligation to report those suspicions to the appropriate authorities. If you believe a nursing home resident is being abused or otherwise mistreated, call Adult Protective Services to make a report. Follow up with an experienced Nursing Home Abuse attorney to ensure the rights of your loved one are being protected.
Report to the appropriate protective service agency. This will usually lead to an investigation, which will take time. Results can be mixed. Often nursing homes can rise to the occasion and pass a random inspection without adequately changing their daily standard of care.
File a criminal complaint. If you believe the law has been broken, don’t be afraid to get involved and report this to the proper authorities. It is important that individuals as well as medical facilities are held accountable for their actions.
File a civil lawsuit. Individuals who have suffered damages can file a lawsuit against the nursing home. This includes residents, as well as family members in a case of wrongful death or medical malpractice.
For additional information, visit the Medicare website on nursing homes.
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