The need to place a loved one in a nursing home is difficult and finding the right home is an emotional and stressful process. Even after the most diligent and scrutinizing search, you may end up with a nursing home that fails to provide adequate care and treatment. Sometimes a loved one is a victim of elder abuse. In such circumstances, the result is devastating to the innocent victim, as well as family members and loved ones.

Recognizing the prominent and growing problem of nursing home negligence, Salvi, Schostok & Pritchard P.C. responded by creating one of the fastest-growing nursing home negligence practice groups in the nation. Nursing home negligence may involve a variety of circumstances, including dehydration, malnutrition, chronic weight loss, bone fractures, pressure sores and serious infections -- which can lead to amputations and even death.

It is estimated that about 84 percent of abuse cases go unreported or unrecognized, which is why nursing home abuse has been called the “hidden crime.” It can be difficult to recognize, be concealed by nursing home staff, or sometimes the abuse victim is too frightened or incapacitated to report the mistreatment.

Nursing home negligence and abuse may take many forms:

• Elder Abuse
• Assault or battery
• Sexual abuse
• Rape
• Unnecessary physical restraint
• Insufficient food or water
• Improper use of medication

Nursing home residents are often too afraid to disclose instances of abuse of neglect out of fear the abuse will get worse.  Some residents may not be able to communicate effectively that they're being harmed in some way due to physical or mental limitations.  The following are signs that neglect or abuse may have taken place, or is currently taking place:

• Malnutrition or dehydration
• Staff refusing, or delaying visitors who come to see a resident
• Unexplained bruises, cuts, burns, sprains or fractures, suggesting the resident was dropped or beaten
• Bedsores, pressure sores or frozen joints
• Venereal disease or genital infections, including vaginal or anal bleeding, or torn, stained or bloody underclothing, suggesting assault or rape
• Staff not allowing a resident to be alone with a visitor
• Loss of resident’s possessions
• Unexplained withdrawals from bank accounts, or changes in banking practices
• Sudden changes in will or other financial documents
• Sudden changes in behavior

The Nursing Home Reform Act of 1987 requires that a nursing home “provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident” in accordance with a specific plan of care. To obtain Medicare and Medicaid funds, nursing homes must also comply with the U.S. Code of Federal Regulations policies for long-term care that specify that nursing homes must:

• Have sufficient nursing staff to provide nursing and related services,
• Develop a comprehensive care plan for each resident,
• Prevent the deterioration of a resident’s ability to bathe, dress, groom, transfer and ambulate,
• Ensure that residents receive proper treatment to maintain vision and hearing abilities,
• Ensure that residents do not develop bedsores,
• Provide appropriate treatment and services to incontinent residents,
• Ensure that the resident receives adequate supervision and assistive devices to prevent accidents,
• Ensure that residents are free of any significant medication errors,
• Promote care for residents in a manner and environment that maintains or enhances each resident’s dignity,
• Ensure that the medical care of each resident is supervised by a physician and must provide or arrange for the provision of physician services 24 hours a day, in case of an emergency, and
• Provide pharmaceutical services.

There are three types of proceedings that an act of abuse, neglect or exploitation may give rise to:1) an investigation and finding by an adult protective services agency; 2) a civil cause of action for damages; and/or, 3) a criminal prosecution. One of the most effective ways to improve the lives of nursing facility residents is to take legal action when problems are discovered, in order to discourage the continued violation of basic human rights, as well as federal and state laws.

If a loved one has been abused, injured or died in a nursing home or assisted care facility, please call Salvi, Schostok & Pritchard P.C. Our staff is experienced in both law and medicine and handles cases in Wisconsin and Illinois. If you believe a family member has been a victim of nursing home negligence, please contact our office for a free, no-obligation consultation.

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