Sadly, cases of nursing home neglect and abuse are much more prevalent than most people realize. 85% of nursing homes reported at least one instance of neglect or abuse in 2012, and the Office of the Inspector General stated that nursing homes only reported 53% of abuse allegations against them in the same year.
The law is very clear on this point: nursing homes are required to investigate and report all accusations against them. We’d like to believe that most facilities take that responsibility very seriously, but the reality is that some will attempt to deny, cover up, and sweep it under the rug.
Every state in America has a toll-free number to call and report abuse or suspicion of abuse, but government resources are stretched thin and they’re not always able to deal with it as they should.
In the case of neglect, abuse (physical, sexual, mental), or medication errors involving your loved ones, there are many reasons why you might consider taking legal action against a nursing home:
- Pain and emotional stress
- Medical and recovery costs as a result of the situation
- Accountability
- Setting up that loved one in a better facility
- Looking after special care/treatment
- Funeral costs
Ultimately, the guilty parties must be brought to justice. Exercising your legal rights ensures that care centers and staff are held accountable for their actions.
And while nothing can undo the pain and suffering, a successful lawsuit can help to repair that damage, and safeguard against it ever happening to anyone else again.
Some high profile abuse lawsuit awards include:
- Quail Creek Nursing Home and Rehabilitation Center, Oklahoma, 2015. $1.2 million was awarded to the family of a 96-year old resident who had been physically abused. The family installed a hidden camera and caught two staff members pushing their mother down with unnecessary force, and stuffing latex gloves into her mouth.
- Emeritus at Emerald Hills, California, 2013. $23 million awarded to the family of an 81-year old woman after she developed bedsores and died from complications.
- Nevada State Veterans Home, Nevada, 2013. $400,000 awarded after an 89-year old wheelchair-bound patient got stuck unattended outside, and died of his injuries. He suffered third degree burns and heat stroke.
- Beachwood Pointe Care Center, Ohio, 2012. $1 million awarded after a 71-year old resident died as a result of staff negligence. The woman developed infected pressure ulcers and sustained other injuries that were not properly dealt with.
- Prospect Park Residence, Brooklyn, 2008. $750,000 awarded after a male resident froze to death in an unheated apartment.
- Brentwood North Nursing and Rehabilitation Center, Illinois. $1.5 million awarded after an 87-year old resident received severe burns from a scalding hot sitz bath.
Abuse and neglect cases run the full spectrum of injuries, with the most tragic resulting in wrongful death. If you or your loved one have been the victim of abuse or neglect, consider contacting the experienced lawyers at Duffy & Duffy. We’ll work tirelessly on your behalf to get you the compensation and justice that you deserve.
