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Nursing Home Abuse and Neglect

January 18, 2021 by thomson

“To Care for Those Who Once Cared for Us is the Highest of Honors” -anonymous

My wife and I have seen the inside of many care facilities and rehabilitation centers during the course of our twenty-four years together.  My own grandfather, lived to be just a few weeks short of 99 years old.  I watched him battle dementia for 10 years.  A man who had once been a larger then life presence, somehow shrank into a being that forgot who I was.  My own wife, who cares deeply for her own grandmother, age 95, lives in a care facility three hours from our home, is now going through something similar. She calls her grandmother, only to have her grandmother recognize her on the phone but sadly start asking to speak to her grandfather, a man who passed away some thirty years ago. It is simply heart-breaking.

We both agree that we are grateful that we’ve had this long with our grandparents.  Most people aren’t as fortunate.

But with this longevity comes decision making scenarios that many people don’t anticipate.  Due to many couples putting off childbearing, many people have found themselves in a situation known as the “sandwich generation”.  These people are caring for young children while trying to care for an aging parent or grandparent at the same time.  All while keeping a full time job. Families that choose to take in an aging parent or grandparent often find that a typical  home does not meet the physical needs of an elderly person or that the aging family member needs greater supervision than anticipated.

So, many people turn to the professionals for help.  There are around 170 nursing home care facilities in Virginia.  In the United States, there are approximately 1.4 million people living in nursing homes. The average annual cost for a private room in a nursing home was $102,000 in 2020.

Read that again.  The average cost for a private room in a nursing home was $102,000 in 2019. That’s $279 a day.  So, suffice it to say, choosing a nursing home or assisted living facility is one of the biggest decisions we will make for our loved one.

I’ve read about lawsuits for Nursing Home Abuse and Neglect in the paper.  How can I keep this from happening to my family member?

  • Visit the facility as many times as possible. When you are there, talk to the residents and the staff. Ask simple questions about the quality of the food, outings, and types of resident activities available.
  • Inspect the cleanliness of restrooms, guest rooms, and gathering rooms. Are hand-sanitizing stations readily available?  Are the rooms free of clutter and fall hazards?
  • After your family member moves in, visit often.  Spend quality time with your loved one.  If you notice any unexplained bruises or scratches, ask your loved one about them and document the injury.  Ask your loved one if they received adequate medical care after the injury or if they need to see a doctor.
  • If your loved one struggles with incontinence, ask about the changing schedule and see if bed sores and rashes have been allowed to develop.
  • Ask your elderly relative to show you “those pearly whites”. Nursing home residents often suffer from lack of good dental care, which can lead to other health problems.
  • Ask staff members if your relative requires a one or a two person transfer.  Many falls happen in care facilities when a staff member attempts to move a patient without help.
  • Ask the facility director about the policy regarding call lights. Specifically, if a staff member does not answer a call light, what will the consequences be?
  • Contact the local police and inquire about reports of theft.  It is not recommended that your loved one take any expensive jewelry or other items into the facility with them.
  • Inspect the bed rails every time you visit.  Make sure they are installed properly and fit the bed so that there is no space between the mattress and the rails.  Elderly patients have become trapped between mattresses and bed rails and died. Read more about that here.
  • Inquire about locked doors.  Many patients with dementia tend to wander and need to be kept in a secure area for their own safety.

Why is this on my mind today?

Several years ago I represented the family of a gentleman that had walked through an unlocked exit door of his care facility.  He was found hours later, deceased, after he’d walked some distance away from the home, presumably become lost, and encountered railroad tracks. He was struck by a passing train. His family wrestled with their grief and anger for months until they contacted me.  I was able to secure a settlement for the family as well as bring the facility into agreement to implement policies to ensure that this could not happen again.

Over the weekend, a ninety-year old man was killed in Staunton while trying to cross a highway.  While it has not been reported that the gentleman was a resident of a nearby care facility, it is probable that he was and that he may have slipped out of the facility unnoticed.

If you suspect that your loved one has been abused or neglect while living in a nursing home, call The Thomson Law Firm for a FREE consultation today.  (540) 777-4900.

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