Many families will trust a nursing home or skilled nursing facility with their loved ones because they can no longer care for them at home in a practical or safe manner. When these dependent adults are in a nursing home, they are at the mercy of the nurses, or the staff who have even lower level training than the nurses.
Because of the alarming number of cases of nursing home negligence, many states have added statutes to provide additional protections for the elderly or dependent adults. For example, in California, nursing home negligence or elder abuse cases that lead to the death of an elderly or dependent adult, allow a family to recover not only the non-economic damages for the loss of their loved one, but also allow for recovery of the pain and suffering their loved one went through before they died. This is different than other types of wrongful death cases because the death of an individual normally ends any pain and suffering recovery for that individual and the family can only recover their loss for the effect of the decedent's loss or death. But in a nursing home or elder abuse case the family can recover both their damages for the death of the individual as well as the pain and suffering their loved one went through before they died.
Since nursing homes and assisted living facilities are a for-profit business, the owner's and staff's top priority is often profit. Nursing homes and assisted living facilities often subcontract various services, such as food preparation. Nursing homes engaging in negligence will often hide behind this veil of subcontractors as a way to shield themselves from lawsuits. Understanding the business model of a nursing home is important to pursing a negligence case.
Signs of elder abuse may include physical abuse and neglect including:
- Unexplained bruises, burns, cuts, sprains, or broken bones
- The lack of sanitary living conditions, clean clothes, or properly prepared food
- Soiled bedding, malnutrition, dehydration, or poor hygiene
- Bed sores, any medical needs not being taken care of, or unexplained weight loss
Family members may even fail to attribute these signs to possible elderly abuse or nursing home negligence, as they may instead blame it on the natural aging and deterioration process of their loved one. If you suspect a loved one is experiencing elderly abuse or nursing home negligence, it is imperative that you retain the services of an experienced nursing home negligence attorney to protect your loved one and represent the best interests of your family. Those who can't protect themselves because they are elderly, in poor mental or physical health, need the greatest protection of all.
