Nursing Home Negligence

When we place our loved ones in long-term care facilities or nursing homes, we do so with the expectation that they will receive the high level of care and respect that we give them ourselves. Tragically, far too many of us later discover that we’ve placed our trust in the wrong hands, and that unscrupulous facilities, staffers, or other caregivers have harmed our loved one physically, emotionally, or financially. This behavior is wrong, and it should be punished in every way possible.

Do you suspect your loved one has been the victim of abuse or neglect in a long-term care facility? If so, contact a Michigan elder care attorney with Atnip & Associates, PLLC, right away. No one should have to suffer the way your loved one has been made to, and we want to hold the perpetrator of that harm – as well as their enablers – accountable for what they’ve done. We look forward to meeting you during a free consultation and explaining how our Detroit nursing home negligence law firm can pursue the compensation and justice you and your family deserve.

What Constitutes Nursing Home Negligence?

Nursing home negligence describes an array of abusive behaviors that result when a long-term care facility fails to provide the necessary standard of care to its residents. This can manifest in various forms, including:

Inadequate Medical Care– Delay or failure in administering medication, treatments, or addressing medical needs
Poor Living Conditions– Unsanitary or unsafe living environments that may lead to health risks or accidents
Neglect of Basic Needs– Failure to provide sufficient food, water, or assistance with personal hygiene
Emotional Neglect– Ignoring or isolating residents, which can lead to emotional and psychological harm
Failure to Prevent Accidents– Not taking appropriate measures to prevent falls, injuries, or other accidents within the facility
Failure to Prevent Financial Abuse– Failing to conduct background checks on or supervision of staffers with access to residents’ cash, finances, or valuables

How Common Is Elder Abuse?

Elder abuse is shockingly common in institutional settings like nursing homes. The World Health Organization (WHO) reports that an international meta-study of 52 studies conducted in 28 countries found that one in six people aged 60 or above experienced some form of abuse. Furthermore, while there is not enough data to conclusively state how often this abuse occurs in nursing homes specifically, WHO found that two in three staffers reported having engaged in abusive behavior in the last 12 months.

Physical and Emotional Abuse– This includes any form of physical harm or psychological stress caused by staff or other residents. It is often due to insufficient staffing or oversight.

These injuries can have significant effects on the health and well-being of nursing home residents. They may cause a decline in physical health and emotional well-being. In severe cases, they can even be life-threatening. The law in Michigan recognizes the rights of nursing home residents to receive proper care, and when these rights are violated, legal action can be taken. A nursing home abuse lawyer in Detroit can protect the rights of your loved one.

Common Signs of Nursing Home Negligence

Identifying nursing home negligence can be difficult, especially as many of its effects are subtle when taken on their own. Signs to watch for include:

Unexplained Injuries, like bruises, cuts, or fractures that cannot be satisfactorily explained
Sudden changes in behavior, like withdrawal, anxiety, or fearfulness
Poor hygiene or an unkempt appearance
Rapid weight loss or gain
Frequent illnesses or reoccurring injuries
Financial irregularities or missing property
Lack of responsiveness on the part of staff
Environmental hazards like slippery floors, poor lighting, or cluttered walkways

These signs, especially if recurring or multiple signs are observed, may indicate a deeper problem of negligence within the facility. Consult a Detroit elder care attorney as soon as you notice any of the above.

Common Signs of Nursing Home Negligence

Identifying nursing home negligence can be difficult, especially as many of its effects are subtle when taken on their own. Signs to watch for include:

Unexplained Injuries, like bruises, cuts, or fractures that cannot be satisfactorily explained
Sudden changes in behavior, like withdrawal, anxiety, or fearfulness
Poor hygiene or an unkempt appearance
Rapid weight loss or gain
Frequent illnesses or reoccurring injuries
Financial irregularities or missing property
Lack of responsiveness on the part of staff
Environmental hazards like slippery floors, poor lighting, or cluttered walkways

What to Do If You Suspect Nursing Home Negligence

If you suspect that a loved one is a victim of nursing home negligence, taking the following steps can help you protect your loved one and start building a claim for compensation:

Document the negligence by writing down dates, times, and descriptions of your suspicions. Photographs of injuries or poor living conditions can be particularly compelling.
Have a healthcare professional assess your loved one. They can provide an independent opinion on the care being received.
Report your suspicions to the authorities. The state government maintains an online health facility complaint. You can also contact Adult Protective Services or call the Attorney General’s Health Care Fraud Division at 800-24-ABUSE.

Nursing Home Negligence Laws

Section 333.20201 of the Michigan Compiled Laws stipulates the responsibilities that health facilities, including nursing homes, owe their patients. The law guarantees that:

Residents may associate with whomever they choose and must be given at least eight hours of visiting time per day.
Residents are entitled to meals that meet their nutritional and physical requirements.
Residents may retain and use personal items and clothing as space and medical necessity dictate.
Residents must be provided with reasonable living space.
Facilities must provide for the safekeeping of residents’ money, property, and personal effects.
Residents may participate in the planning of their medical care and manage their own financial affairs.
Residents must have the opportunity to discharge themselves from a facility at their wish.
Facilities may not retaliate against a resident who exercises these rights.

In addition to these state-level laws, federal regulations apply to facilities that accept payment for Medicare and Medicaid services. An elder neglect attorney in Michigan can provide you with more information about these laws and how they might apply to your case.

Common Nursing Home Negligence-Related Injuries

Negligence on the part of nursing facilities and their staff can cause residents to suffer injuries. Our Michigan elder neglect lawyers often handle cases involving:

Pressure Ulcers (Bedsores)– These occur when residents are left in one position for too long, leading to skin damage and ulcers, particularly in bony areas.
Falls and Fractures– Inadequate supervision or unsafe conditions can lead to falls, often resulting in fractures and soft tissue damage.
Malnutrition and Dehydration– Neglect in providing adequate food and water can lead to serious health issues.
Infections– Poor hygiene and unsanitary conditions can increase the risk of infections, which can be particularly severe in elderly or immunocompromised residents.
Medication Errors– Incorrect or missed dosing can cause unnecessary side effects and cause underlying medical issues to go untreated.
Contact a Detroit nursing home malpractice lawyer. They can independently investigate the situation, determine whether you can pursue compensation, and help get your loved one to a safe place.

Remember, do not alert the facility to your suspicions, as this could give them a chance to cover their tracks. Instead, get in touch with a nursing home negligence attorney in Detroit, Michigan.

How a Detroit Senior Care Lawyer Can Help

Do you suspect your loved one has been the victim of nursing home negligence or abuse? If so, an elder abuse lawyer in Detroit is a crucial ally as you seek justice and accountability. The Detroit nursing home malpractice law firm of Atnip & Associates, PLLC, can help you by:

Investigating the situation to confirm your suspicions and document the abuse
Working with experts to establish what your loved one has suffered and put a dollar value on an inherently subjective tragedy
Send a demand letter to the facility outlining our findings and the amount of money we believe it owes you
Negotiating with the facility and their insurers in pursuit of a fair settlement
Taking your case to court if no settlement can be reached

Many prospective clients worry about the expense of hiring an elder neglect attorney in Detroit. Please do not let this fear stand in the way of seeking justice. Our nursing home abuse law firm in Detroit works on contingency, which means we do not charge upfront for our services. We will only collect a fee if our Michigan senior care lawyers secure compensation on your loved one’s behalf.

Don’t wait another minute to speak with a senior care attorney in Michigan. Contact Atnip & Associates, PLLC, today and ask for your free consultation.