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A nursing home is supposed to provide the medical attention and level of care that a family cannot. It is unforgivable for an elderly or disabled loved one to suffer harm through abusive or substandard care. Elderly victims often cannot report these shocking situations themselves or may be too intimidated to do so. Family members may be concerned about unexplained accidents or injuries, or sudden changes in behavior, but are unsure what to do about it. At Rhoades & Morrow, we ensure that families have the chance to meet with a nursing home abuse lawyer who can help.
America is filled with nursing home abuse cases. It is estimated that as many as five million nursing home abuse cases occur every day. This means that about one in 10 seniors will be abused at least once after the age of 60, but only one in 14 cases of abuse will be reported. Even more disturbing, the New York State Elder Abuse Study showed that one in 25 cases remains unreported. These troubling statistics should leave loved ones more vigilant when visiting friends or family members in nursing homes. Additionally, 24.3 percent of nursing home residents experience at least one incident of physical abuse. At the same time, 5.2 percent of seniors report some form of financial abuse.
According to the National Center for Victims of Crime, nursing home abuse can take on many forms, such as:
It has been shown that two out of three abuse victims are women. Be extra diligent when dealing with female family members who appear to withdraw or show the signs of abuse. Studies also show that 50 percent of abuse cases involve patients with dementia or memory problems. Patients who have been abused in the past are more likely to experience abuse in the future, as well as seniors with a low socioeconomic status.
In some cases, seniors are subjected to multiple forms of abuse. Family members who suspect that there is a problem should ask their loved ones about the abuse or contact an attorney at once. They also have the right to contact the company managing the nursing home, report the abuse, or even contact local authorities.
Nursing home abuse is just one form of elder abuse recognized by the Centers for Disease Control and Prevention (CDC). Elder abuse inside nursing homes can occur at any time, and family members must be aware of several forms, such as financial abuse, emotional abuse, and physical abuse. Nursing home abuse may occur because nursing homes are private institutions that are often hidden from public view. Nursing home abuse may also thrive on the fact that many seniors do not have visitors. If a senior does not have a family to look out for them, they could be abused repeatedly in secret. At the same time, elder abuse could occur because of a herd mentality, where multiple staff members participate in the abuse because they believe it is acceptable.
By law, nursing home residents deserve quality medical treatment and attentive personal care. Many privately-owned care centers may not be adequately staffed or managed to deliver the mandated level of care.
Those facilities are accountable for monetary damages for wrongful death, preventable harm, and needless suffering, such as:
Other forms of elder abuse can still occur inside a nursing home, and family members should be aware of situations witnessed or patients who seem to be isolated. Do not be paranoid when entering a nursing home but be concerned if anything is untoward.
When a family member notices signs of nursing home abuse, contact one of our nursing home abuse lawyers for help reporting the complaint or filing a claim for damages. We will investigate the case and look into anything that may have occurred.
In most cases, nursing homes could be guilty of:
Many of these problems are often interconnected. Do not attempt to investigate these cases on your own, and do not continually complain to the nursing home. Systemic abuse or mismanagement may have caused these problems, and our lawyers will look into what occurred.
Families that wish to enroll their elderly loved ones in a nursing home should help prevent elder abuse as much as possible.
The following tips will help to protect loved ones:
Preparation before enrolling elderly loved ones in nursing homes will prevent a host of problems. Contact one of our nursing home abuse lawyers for assistance if a loved one was abused inside a nursing home.
Over the years, we have assembled a network of medical and nursing care experts who can review your records and testify about the negligence or abuse that occurred. Our legal team will investigate similar incidents, the background of medical and non-medical personnel, and other indications of substandard care. These cases are often settled by arbitration under the provisions of the nursing home contract. Our role is to hold the facility accountable and ensure compensation for medical intervention, pain and suffering, and lasting harm. By holding the facility accountable, we can stop the abuse, prevent future abuse, and ensure that your elderly loved ones are safe.
If you are filing a claim for damages for nursing home abuse, that is a civil case that we will help you navigate. Our investigation may lead to a criminal case managed by the local authorities. A wrongful death claim can also be filed if the abuse killed a loved one. We ask that you allow us to assist you during this difficult time if you are questioned by law enforcement. We also cooperate with law enforcement when necessary.
Reach out to a Wilmington nursing home abuse lawyer at Rhoades & Morrow if you believe that a loved one is suffering from nursing home abuse. We will review your case and determine the negligent party liable for the abuse. Call us at 302-427-9500 or contact us online for a free consultation. With offices in Wilmington, Bear, and Milford, Delaware, we proudly serve clients and their families throughout the state, including Middletown, Dover, Milford, Hillsborough, Lewes, Rehoboth, Elsmere, and Seaford.
Statement Regarding Coronavirus Disease ("Covid-19"):
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The situation regarding the COVID-19 virus changes daily. During this uncertain time, we can assure you that the team at Rhoades & Morrow continues to focus on helping our current clients as well as assisting new clients.
We know that legal questions still arise, and we are here to answer your questions and provide the trusted guidance that you have come to expect from us over the years. To ensure the health and safety of our staff and our clients, we are conducting virtual consultations via Zoom and by telephone. We also have the ability to exchange documents via secure e-mail.
We look forward to hearing from you. Stay safe and healthy.