Rhoades & Morrow

Just another PLM WordPress site

FREE CONSULTATIONS

DELAWARE INJURY LAWYERS

Wilmington 302-427-9500 Bear 302-834-8484 Milford 302-422-6705 Lewes 302-550-0155

Category Archives: Nursing Home Abuse


nursing

Nursing Abuse on the Rise Amid the COVID-19 Pandemic

Nursing home abuse is a serious issue, and it has greatly increased during the Coronavirus (COVID-19) pandemic. There are many reasons for the rise in elder abuse, and it is important to understand the causes and to know the signs.

Nursing home abuse is a violation of individual rights in a long-term care facility and can involve a variety of willful or negligent acts. By definition, nursing home abuse refers to situations in which residents of these facilities suffer physical, emotional, or psychological harm because of the actions of their caregivers.

Liability for this type of abuse can be widespread. Individual caregivers can be held liable for their actions, but the facility itself may face additional legal responsibility. Any nursing home or long-term care facility may be held liable for abuse or neglect that takes place.

Negligence in screening employees, inadequate employee supervision, and improper facility maintenance commonly lead to cases of nursing home abuse. Elder abuse can be categorized as the following:

  • Physical Abuse: Causing or creating the possibility of physical harm by hitting, pushing, or through other direct and violent physical contacts.
  • Mental Abuse: This often refers to verbal abuse, but it can also include withholding mail or doing things to otherwise cause emotional distress.
  • Neglect: Neglecting to care for patients’ needs, which potentially causes preventable harm. This includes failure to treat bedsores and failure to perform regular health and safety checks.
  • Sexual Abuse: Engaging in any form of sexual contact with a resident.
  • Exploitation: Manipulation of residents for money or favors.

How has the COVID-19 Pandemic Impacted Nursing Homes?

The COVID-19 pandemic has greatly impacted many people in the United States and around the world. Nursing homes have experienced their own set of challenges during this difficult time. Issues specifically related to nursing homes and long-term care facilities include:

  • Working with an at-risk population
  • New and evolving health care challenges
  • Changes to facility operations due to COVID-19 precautions
  • Maintaining sufficient supplies during a growing pandemic
  • Maintaining adequate staffing

Why has Nursing Home Abuse Increased During the Pandemic?

COVID-19 has made life more challenging for nursing home residents. An increase in the number of abuse claims stems from multiple factors. Many of abuse claims in long-term care facilities deal with issues of neglect. This is because residents or patients who have special medical needs can suffer significantly if their caretakers fail to provide treatment and daily care. This also applies to situations in which proper procedures are not followed to prevent avoidable illnesses and injuries.

When care providers do not follow guidelines issued by the Centers for Disease Control and Prevention (CDC), they are neglecting the health of their patients. Neglecting any safety procedure intended to prevent or slow the spread of the virus is a serious problem and potential liability issue for nursing home staff.

How COVID-19 Procedures can Increase Abuse and Neglect

Some of the biggest factors leading to an increase in abuse claims in adult-care facilities are directly related to procedural changes due to COVID-19. These factors include:

  • Lack of supervision
  • Lack of staff during shortages
  • Less family contact and involvement
  • Emotional stress of both employees and residents
  • Difficulty in investigating claims due to restrictions and the lockdown
  • Employee burnout and fatigue

Health Care Worker Burnout

Employee fatigue has become a problem in hospitals, long-term care facilities, and on the front lines because essential staff have been working longer hours with fewer days off. Excessively long shifts and lack of sufficient rest can lead to medical errors or sub-par care. While it is important to understand that employees who are overworked are more likely to make mistakes, it is not a justification for abuse and neglect.

What Should I Do if I Suspect Nursing Home Abuse?

Any form of abuse must be taken seriously. When abuse or neglect is suspected, it is important to address the issue quickly. Each state will typically have a number to call to report elder abuse. It can also be very helpful to bring any issues to the attention of the facility administration. Some people may feel that these options do not do enough to ensure corrective action. In this sort of case, a lawyer can help. Since acting fast is essential, contacting a lawyer at the first signs of abuse is wise.

Bear Nursing Home Abuse Lawyers at Rhoades & Morrow Help Seniors in Elder Abuse Cases

The COVID-19 has impacted many nursing home facilities, leading to an increase in abuse and neglect. If you suspect nursing home abuse or neglect, it is important to contact a lawyer right away. Our Bear nursing home abuse lawyers at Rhoades & Morrow help neglected nursing home residents find justice and compensation. Call us at 302-427-9500 or contact us online for a free consultation. Located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout Middletown, Dover, Milford, Hillsborough, Lewes, Rehoboth, Elsmere, and Seaford.

nursing home

Is Nursing Home Neglect Rising During the Pandemic?

Nursing home care is relied upon by many families when loved ones require special care due to age, senility, illness, and weakness. There are some troubling signs that excessive deaths have been occurring during the Coronavirus (COVID-19) pandemic that are unrelated to COVID-19 infection.

The United States has around 15,000 nursing home facilities that provide housing, food, and care for their residents. Illness and mortality rates in these facilities are tracked and analyzed for trends. A recent study by the Associated Press (AP) estimated that for every two COVID-19 victims in long-term care, one resident died prematurely of other causes. These non-COVID-19 premature deaths were far above typical fatality rates. The total excess deaths that were not caused by COVID-19 could be as high as 40,000 or more since March 2020; this represents an approximate increase of 15 percent.

Like other health care systems, nursing homes are run with minimum staff capacity limits. Some experts believe there is not enough staff to care for residents in these facilities. In facilities where at least three in 10 residents suffered from COVID-19, the rate of death for other reasons was double the expected amount. The data seemingly indicates that the combination of the demands of care for COVID-19 patients, staffing limitations, and staff illnesses were likely responsible for the increase in fatalities.

Many health care settings, including nursing homes and assisted care living facilities, provide care with minimal staff that are often overworked and fatigued.  Many of the care providers lack formal education in established methods for providing optimum care to meet residents’ needs. The pandemic may have brought these issues to the forefront. These factors together may be causing the level of care provided in these facilities to be declining below acceptable levels in many of these facilities.

What are the Signs of Nursing Home Neglect?

Malnutrition, misdiagnosis of a medical treatment, and development of bedsores are signs of nursing home abuse and neglect. These problems may go unnoticed by loved ones or caregivers until the situation is quite advanced. This leaves little time for effective intervention.

It is important to tell the appropriate authorities about signs of poor treatment. Formal complaints made to the facility, health care advocates, a state regulatory agency, a local health department, and the police are important. Loved ones as well as staff can file complaints that can address any of a number of concerns, including:

  • Neglect
  • Abuse and maltreatment
  • Minimal staffing
  • Unsanitary conditions
  • Dietary inadequacies

Certified and licensed health care providers are required by law to notify regulatory agencies when signs of neglect, abuse, or exploitation of patients is witnessed. This includes any situation that appears to pose a threat to a resident.  Specific examples of reportable events include:

  • Patients missing from the facility.
  • Overmedication or undermedication.
  • Robbed of property or having funds misappropriated.
  • Diagnosed improperly, late, or not at all.
  • Unknown injuries.

These situations can result in danger, injuries, and even wrongful death. Investigations in response to complaints can uncover problems. Often, an unannounced visit is scheduled and an investigation is performed, including:

  • Observing the condition of the facility and individual patients that have been identified as potentially being neglected or abused.
  • Reviewing records of care provided.
  • Interviews with staff, complainant, other residents, and the patient’s family.

Legal Action and Possible Outcomes

Sometimes, a family will be unable to detect negligence or cannot obtain proper care for a loved one. In these instances, families are able to seek and recover compensatory damages through litigation. Compensatory damages include economic and non-economic damages to cover past and future medical bills, medical care, and other losses due to injuries. Non-economic damages for pain and suffering or disability resulting from negligence or maltreatment may also be recovered.

Sometimes, the facility is guilty of more than negligence, such as extreme recklessness. In this case, a family may also be able to pursue punitive damages against a facility. A court will award punitive damages as a way to penalize and hopefully incent the facility to increase its vigilance to avoid such conditions from arising in the future.

In either settlement negotiations or court ordered verdicts, the amount of the award is decided based on a number of different factors. A nursing home lawsuit examines the conduct of the facility and the impact it had on the individual. Factors that may influence the amount of an award include:

  • Age and quality of life of the individual prior to the negligence and abuse.
  • Extent of the physical injuries.
  • Costs of medical care related to the injuries.
  • Insurance coverage for the facility.
  • Jurisdictional history of handling similar cases.

A case may also be bought against a facility for wrongful death if neglect or abuse caused a patient to die.

Milford Nursing Home Negligence Lawyers at Rhoades & Morrow Protect Senior Citizens Against Abuse

We understand that the issue of nursing home care is sensitive, and we treat every case with utmost respect. Our Milford nursing home negligence lawyers at Rhoades & Morrow represent abused nursing home residents, and we are here to help. Call us at 302-422-6705 or contact us online for a free consultation. Located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout Middletown, Dover, Hillsborough, Lewes, Rehoboth, Elsmere, and Seaford.

home care and hospice

Spread Awareness During National Home Care and Hospice Month

It is important to recognize professional caregivers, especially during the Coronavirus (COVID-19) pandemic. November is National Home Care and Hospice Month, and it is a time to honor those who work in the home care and hospice field, including doctors, nurses, physical therapists, aides, companions, and social workers.

When is Hospice Care Needed?

Hospice care is needed when people are nearing the ends of their lives because of chronic illnesses. When the transition is made from treating and curing a disease to caring for the patient, hospice workers may be called in. These workers help patients and their families enjoy their remaining time, helping the patients pass away without pain. These services combine medical care, pain management techniques, therapy, and emotional support.

Hospice is not only for older populations, but also for the terminally ill as well. It can take place in a hospice facility, in a hospital room, or in the patient’s home. It can be short and last a few days, or may be longer, depending on a patient’s status. Respite hospice workers take over temporarily for caregivers, providing them with much-needed breaks. After a period of time, the caregiver can return to attend to their loved one. It is estimated that only 20 percent of hospice patients report that they are depressed.

What are the Responsibilities of a Home Health Aide?

Many people with age-related health issues, chronic illnesses, disabilities, and other impairments prefer to remain at home instead of living in a nursing home or other facility. Though it may not be possible, it is often a good alternative that can provide them with more independence. Trained home health aides can administer medications, check vital signs, clean wounds, and change bandages. They can also check respiration and pulse rates and offer assistance if the person they are caring for falls ill.

Home health aides must be trained by other aides, licensed practical nurses, or registered nurses. Depending on the state, formal training from a home health care agency or a community or vocational school may be required. A home health aide who is employed by an agency that gets Medicare and Medicaid reimbursements must complete state-approved training, followed by evaluations. Licensure may also be required.

Personal care aides are not licensed to provide medical services, but they can help with cooking, cleaning, personal grooming, and running errands. Some aides are contracted to stay overnight as needed or on trips. Home health and personal aides can live in the home with their patients or work by the hour.

Are Nursing Homes Safe?

Many patients and their families prefer home care aides because of the prevalence of nursing home abuse. According to the National Center on Elder Abuse (NCEA), an increasing senior population in the United States has put pressure on nursing homes. Understaffing, poor screening, and other factors all contribute to patient abuse. Victims can end up with wounds, bruises, broken bones, pressure sores, and nutrition issues. There is also the increased risk of premature death. In some nursing homes, residents are injured by other residents, as well as the staff.

In-home patients can also become victims of abuse by aides, caregivers, and even family members, so it is important to have someone regularly check patients. Establishing a network of caring friends, family members, and medical professionals can help.

Home Health Care Concerns

Even when aides and caregivers have the best intentions, the people they care for can still get hurt from slip and fall accidents and medical errors. According to the Centers for Disease Control and Prevention (CDC), about 300,000 older Americans end up in hospitals every year with hip fractures, and 95 percent of these are from falling accidents. Falls are also the leading cause of traumatic brain injuries (TBIs).

Home equipment, like nebulizers and walkers, can pose tripping hazards if left in the wrong places. Aside from this, in-home patients can have medical conditions that increase the likelihood of falling. Not being able to eat or exercise enough can lead to poor walking abilities, weakness, and poor balance. This can be worsened by the medications they are taking. Hearing or vision problems also make it harder to function and move.

How can I Make the Home Safer?

Home safety hazards can be hidden or obvious. If there are cracks in the floor, uneven steps, debris, or slippery floors, these can be addressed. Throw rugs are another slip and fall hazard, so they should be removed. Bathrooms should have grab bars installed next to the toilets, bathtubs, and showers, and stairways should have sturdy railings.

It is also a good idea to have slip resistant shoes because shoelaces are known tripping hazards. Regular exercises can help improve balance, and extra lighting will make it easier to see. Seniors also appreciate it when objects are within reach. Keeping the phone, glasses, and other needed items on the nightstand is a big help.

Reporting Abuse

Having someone regularly check patients is one of the best safeguards. Visitors should look for safety hazards, and see if there is enough food and other supplies. Having an updated list of the patient’s medications, and an understanding of their side effects is also essential. If abuse is suspected, one should immediately contact a lawyer.

Bear Nursing Home Abuse Lawyers at Rhoades & Morrow Protect the Elderly Against Abuse and Neglect

If you suspect a loved one is being abused in a nursing home or hospice center, one of our dedicated Bear nursing home abuse lawyers at Rhoades & Morrow can help. We proudly protect elderly loved ones against abuse. Contact us online or call us at 302-834-8484 for a free consultation. Located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout Middletown, Dover, Milford, Hillsborough, Lewes, Rehoboth, Elsmere, and Seaford.

assisted living

Raise Awareness During National Assisted Living Week

This year, September 13 to the 19th is National Assisted Living Week, an opportune time to raise awareness about the benefits of assisted living. This year’s theme gives special attention to caregivers and the essential services they provide.

What are the Benefits of Assisted Living?

Assisted living is a useful option for seniors who require some type of ongoing medical or personal care. Some benefits of assisted living include:

  • Personal care: Assisted living staff members help residents with daily personal care activities, such as bathing, getting dressed, shopping, doing laundry, and taking medication.
  • Emergency care: Around-the-clock emergency care ensures that each resident’s needs are met at all times.
  • Prepared meals: Nutritious meals created with senior health in mind help residents stay healthy and happy.
  • Reliable transportation: Assisted living communities provide safe and reliable transportation to residents who are unable to drive or own a vehicle.
  • Social and recreational activities: Seniors in assisted living communities are surrounded by others their own age as well as staff members in an environment that encourages participation in social events.

When is it Time to Consider Placing a Loved One in Assisted Living?

Many people feel guilty about putting their loved one in an assisted living community, but the truth is that sometimes it becomes necessary to do so. It may be time to consider assisted living if a loved one experiences any of the following:

  • Loneliness and isolation
  • Cognitive decline
  • Health problems
  • Financial issues
  • Poor hygiene
  • Car accidents
  • Inability to cook meals
  • Difficulty remembering to take medication

What Should I Look for When I Research Assisted Living Communities?

There are several things to consider when evaluating assisted living communities, including the services provided, the atmosphere, and the cost. If possible, take a virtual tour of the facility and speak with a representative who is knowledgeable about the facility and its features.

It is important to ensure that the assisted living community one chooses is right for their loved one. Some questions one may want to ask include:

  • Is the facility licensed?
  • What is the visitation policy?
  • Are staff members friendly and compassionate?
  • What are the costs of services?
  • Do residents seem comfortable and happy?
  • Does the building look clean?
  • How is administration of medication handled?
  • Is there a 24-hour emergency response system?
  • What is included in each unit?
  • Are pets allowed?
  • Is there a recreational or activities program?
  • How many meals are provided?
  • How will the medical team communicate with the family?

Nursing Home Neglect and Abuse

Not all assisted living facilities are safe and nurturing environments. More than 500,000 adults over the age of 60 years old are abused or neglected each year, according to the Centers for Disease Control and Prevention (CDC). This number does not reflect the extent of the problem; many cases of nursing home abuse are unnoticed or unreported.

Additionally, the National Center on Elder Abuse (NCEA) reports that approximately 95 percent of nursing home residents have been neglected or witnessed neglect.

The CDC lists six types of elder mistreatment:

Physical abuse: This includes pushing, hitting, slapping, or improperly restraining an elderly person. When this happens, one may notice that their loved one has unexplained injuries, such as bruises or broken bones.

Sexual abuse: There have been reports of assisted living staff members taking advantage of residents who are unable to defend themselves. Injuries around the genitals or the development of sexually transmitted diseases may be signs of rape or other forms of sexual abuse.

Emotional abuse: This type of mistreatment may not be as apparent as physical abuse, as it leaves no visible marks. However, if a loved one has sudden changes in mood or personality or exhibits fearful behavior, they may be a victim of emotional abuse.

Neglect: Nursing home aids are supposed to take care of residents and ensure that they have sanitary living conditions. When they fail to provide the basic necessities, such as food, water, shelter, and self-care, it constitutes neglect. Another form of neglect is social or emotional neglect, wherein a resident is subject to constant unkind treatment or forced isolation.

Financial abuse: Some people exploit the elderly for financial gain. Evidence of this type of abuse often becomes apparent when there are unexplained missing assets or financial transactions.

Abandonment: This type of neglect occurs when someone who is charged with caring for an elderly person deserts them, leaving them to their own devices, whether in a public place or an assisted living facility.

Who is Legally Responsible for Nursing Home Abuse and Neglect?

When elderly abuse or neglect is reported, it may trigger an investigation by an adult protective services agency, a criminal investigation, or a civil lawsuit. To recover monetary damages from an assisted living facility, a plaintiff must prove that the nursing home breached its duty to provide a specific standard of care to a resident, either by its own actions or its employees’ actions, and that the resident was injured as a result.

What Damages are Available in Nursing Home Neglect and Abuse Cases?

Even though an employee may have committed the abuse or neglect, the assisted living facility itself may be held legally liable. Through a legal concept known as vicarious liability, the employer has authority over the actions of its employees and is legally responsible for the actions of those employees. Damages available in nursing home neglect and abuse cases include:

  • Medical expenses
  • Pain and suffering
  • Mental anguish
  • Physical disfigurement
  • Loss of enjoyment of life
  • Rehabilitation expenses
  • Costs of home care

Punitive damages may also be imposed on the assisted living facility in egregious cases of abuse. Such damages are awarded to punish the defendant for its wrongful actions and deter against future behavior.

When is it Necessary to Hire a Lawyer?

If one suspects nursing home negligence or abuse, they should contact a lawyer as soon as possible. They may be able to hold the assisted living facility liable for the wrongful acts of its employees. An experienced attorney will be able to evaluate the case, collect evidence, and build the best nursing home neglect or abuse case possible.

Milford Nursing Home Negligence Lawyers at Rhoades & Morrow Fight for the Rights of Residents in Assisted Living Facilities

Contact one of our Milford nursing home negligence lawyers at Rhoades & Morrow for assistance with your elder abuse case. Our experienced and compassionate legal team help nursing home abuse victims get the compensation that they deserve. For a free consultation, contact us online or call us at 302-422-6705. Located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout Middletown, Dover, Milford, Hillsborough, Lewes, Rehoboth, Elsmere, and Seaford.

mistreating senior

Nursing Homes Left Ill-Equipped to Provide Care During COVID-19

The ongoing Coronavirus pandemic has left our nations nursing homes in a devastating predicament. When the pandemic first started, most nursing homes in the United States were losing money and struggling to attract new residents. COVID-19 has left many nursing homes ill-equipped to protect both their workers and residents from contracting this deadly virus. Due to the loss of profits, nursing homes were unprepared to handle COVID-19 which proved problematic in containing the spread of the virus. The lack of staff and personal protective equipment has led to a devastating number of patient deaths.

Nursing homes have faced many difficulties throughout the years due to financial worries and increased competitors. Home care attendants and assisted-living facilities decreased the number of new residents in nursing homes causing most to go bankrupt. Nursing home investors have held onto the real estate assets of nursing homes due to the value of the buildings and, in many cases, investors bought operating nursing homes to lease back the building for more money. This causes homes to reduce quality of care for affordability and private equity buyouts.

If you have a loved one that has been mistreated by nursing home staff or if you are currently employed by a poorly run home, contact the Wilmington nursing home abuse lawyers at Rhoades & Morrow for a free case consultation. We understand the challenges that COVID-19 has put on the nursing home community, but that does not constitute abuse. Our team is dedicated to fighting for your rights and will ensure that you receive the compensation you deserve. Call us today at 302-407-0827 or contact us online.  Located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout the state, including Middletown, Dover, Milford, Hillsborough, Lewes, Rehoboth, Elsmere, and Seaford.

nursing home

Nursing Homes and COVID-19 

As the number of COVID-19 related deaths has increased over the last few weeks, we have learned that long term care facilities, including nursing homes, have been hit the hardest.  The Centers for Medicare & Medicaid Services (“CMS”) Administrator Seema Verma has said, “Nursing homes have been ground zero for COVID-19.”  Because of the large amount of COVID-19 cases at nursing homes, CMS announced new regulatory requirements that will require nursing homes to inform residents, their families and representatives of COVID-19 cases in their facilities.   You can learn more about CMS efforts to track COVID-19 in nursing homes by visiting: https://www.cms.gov/newsroom/press-releases/trump-administration-announces-new-nursing-homes-covid-19-transparency-effort

In response to the COVID-19 pandemic, the Centers for Disease Control & Prevention (“CDC”) has issued key strategies for long term care facilities, such as nursing homes.  The CDC has said that facilities must act immediately to protect residents, families, and staff from serious illness, complications, and death. Strategies include keeping COVID-19 from entering the facility, identifying infections early and identifying and managing severe illness.  You can learn more about CDC efforts to protect long term care facility residents by visiting: https://www.cdc.gov/coronavirus/2019-ncov/hcp/long-term-care.html

In Delaware, as of April 19, 2020, the Delaware Division of Public Health, announced that here have been 167 positive COVID-19 cases involving residents of long-term care facilities.  Forty-two residents of Delaware long-term care facilities have died from complications related to COVID-19.

The locations and number of deaths related to long-term care facilities are:

  • Milford Center, Genesis Healthcare (14)
  • Little Sisters of the Poor, Newark (11)
  • Brandywine Nursing and Rehabilitation Center (5)
  • Atlantic Shores Rehabilitation and Health Center (2)
  • Governor Bacon Health Center (1)
  • Delaware Hospital for the Chronically Ill (2)
  • Five other New Castle County long-term care facilities (1 death at each facility)
  • Two other Sussex County long-term care facilities (2 death)

If you have concerns about the treatment of a family member or loved one residing in a nursing home, or if you are an employee of a nursing home concerned about your work conditions, please contact the Wilmington nursing home abuse lawyers at Rhoades & Morrow for more information. In these difficult times, our team is dedicated to fighting for the rights of the injured and their families. For a free consultation, call us at 302-427-9500 or contact us online today. Located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout the state, including Middletown, Dover, Milford, Hillsborough, Lewes, Rehoboth, Elsmere, and Seaford.

elderly man

Nursing Home Employees Post Residents’ Photos Online

Milford Nursing Home Abuse Lawyers: Nursing Home Employees Post Residents’ Photos OnlineEmployees of nursing homes and assisted living facilities have been using their social media accounts to post photos and videos of residents without their permission. Some of the photos depict residents in humiliating or demeaning situations. Dozens of incidents involving such inappropriate photos on social media have been identified since 2012.

It is difficult to envision a less respectful act involving a vulnerable nursing home resident than taking his or her photo at their most private moments and making those photos public. Doing so may also violate the law.

Laws Prohibit Posting Demeaning Photos

These demeaning and embarrassing posts violate the privacy rights of nursing home residents as well as statutes enacted to protect residents from mental and emotional abuse.

Delaware law protects nursing home residents’ rights to receive “considerate, respectful, and appropriate care, treatment and services” in compliance with federal and state law and regulations. Delaware law recognizes each person’s personal and property rights, including dignity. Nursing home residents have the right to receive “considerate, respectful, and appropriate care, treatment and services.” In addition, the law provides that every patient and resident “shall be free from verbal, physical or mental abuse.”

Nursing home employees who take photos of patients and residents and post them on social media, and the facilities that fail to prevent such acts, are coming under closer scrutiny by state and federal agencies.

Federal Agencies Take Action

The Centers for Medicare and Medicaid Services issued a memo to state health departments in 2016, encouraging them to check that nursing homes implement and enforce policies that prohibit nursing home staff from taking demeaning or embarrassing photographs of residents. State officials should investigate and report employees’ offensive social media posts to licensing agencies. The memo states that these posts violate nursing home residents’ rights, including their right to be treated with dignity and their right to privacy. Nursing home staff should be prohibited from taking, posting, or reposting, photos or videos that demean or embarrass residents.

Training is Vital to Avoid Social Media Abuse

The American Health Care Association (AHCA) offers guidance and training to nursing home officials and employees. The AHCA stresses the importance of having a social media policy and keeping it updated to protect the privacy of patients. These efforts to avoid social media abuses protect both residents and employees.

If You See It, Save It

Nursing home employees typically use Snapchat to post photos of residents and patients, but have also posted photos on Facebook and Instagram, as well as other social media. Some social media posts appear only for a short time before disappearing as soon as you view the photos. If you are shocked when you see a social media post depicting your loved one in a nursing home, you must act quickly. If you see it, save it. Familiarize yourself with the screenshot feature of various social media.

Milford Nursing Home Abuse Lawyers at Rhoades & Morrow Represent Families Affected by Abuse and Neglect

If you have seen a photo of your loved one on social media and believe it was taken by nursing home staff, our experienced Milford nursing home abuse lawyers are prepared to help you. At Rhoades & Morrow, our attorneys can investigate and advocate for the rights of nursing home patients and residents of other types of long-term care facilities.

Contact us online or call our Milford, Delaware offices at 302-422-6705 to schedule a free consultation. We also have offices in Wilmington and Bear, where we represent clients in upstate and downstate Delaware. 

Top Lawyer Delaware
DTLA
AAJ
WILG