Nursing Home and Long-Term Care Facility Neglect – Know the Signs

San Jose Injury Attorney

As of December of 2020, more than 110,000 of the nation’s long-term care residents had passed away as a result of contracting the Covid-19 virus. This loss of life is tragic and it will take years to fully process these individuals’ experiences, as well as how we as a nation can help to prevent such loss in the event of a future pandemic. It will similarly take time to process the tens of thousands of additional deaths that have occurred in long-term care facilities since the beginning of the Covid-19 outbreak in the U.S. The Associated Press has concluded that these individuals lost their lives “often because overburdened workers haven’t been able to give them the care they need.”

Reports of Nursing Home Neglect Skyrocketing During the Covid-19 Pandemic

It is now a well-known fact that nursing facility residents in California and throughout the U.S. are suffering as a result of neglect related to the wider consequences of the pandemic. Patient advocates and industry watchdogs have made no secret of the terrible conditions that many nursing home residents are living in.

The media has similarly begun to take notice of the uniquely unacceptable challenges experienced by many of the nation’s long-term care facility patients during the pandemic. For example, an investigation into hospice facilities by the Los Angeles Times published in December of 2020 uncovered hundreds of instances of neglect and abuse of residents in these facilities alone. (Publications by outlets including the Associated Press indicate that instances of abuse and neglect may be occurring even more frequently during the pandemic in nursing care facilities than they do in facilities that strictly provide hospice care.) The Times notes that “Quality-of-care failures ran the gamut from mismanaged medications to neglected wounds that became infested with maggots. Nurses and home health aides repeatedly missed appointments or slept on the job as patients lay writhing in pain.”

What Are the Signs of Neglect in Long-Term Care, Nursing Home, and Hospice Residents?

As a result of the pandemic, most loved ones of long-term care patients and residents have not been permitted to visit their loved ones for nearly a year. Strict Covid precautions have been understandably targeted at long-term care facilities, as so many of their residents are elderly and at high-risk from severe complications in the event that they contract the disease. Because loved ones can’t visit with their loved one up-close, let alone spend significant time with them inside their residences, it can be difficult to know if/when a resident is suffering as a result of neglect. Therefore, it’s important to know the signs of neglect so that, if you have a loved one residing in a long-term care facility, you’re empowered to explore your legal and practical options in the event that your loved one might be suffering in unacceptable ways.

First, if you notice that your loved one is either increasingly or suddenly withdrawn and there is no reasonable medical explanation for that change, that’s a red flag. As is a care provider’s frequent insistence that your loved one “isn’t available” or “in the mood” to speak with you via phone, video chat, or other ordinary means of communication.

Second, if your loved one is suddenly or increasingly dropping weight, that could be a sign of neglect or a sign of depression caused by neglect or abuse. If there is no reasonable explanation for weight loss, marks on your loved one’s body, sores on their body, or other indications of mistreatment or poor hygiene, that’s also a red flag.

Finally, sudden changes in behavior of any type, increased agitation, instances of wandering, etc. that are not reasonably explained by a legitimate medical diagnosis should not be taken lightly. There may be reasonable explanations for your loved one’s behavior but it’s important not to dismiss them. If something truly seems out of the ordinary, it’s important to pay attention to that change.

When Should Loved Ones Speak with an Attorney?

Regardless of whether you believe that your loved one is in a position to advocate for themselves or not, it’s important to speak with an attorney if you believe that your loved one might be suffering as a result of neglect. If – due to illness, disability, or advanced age – your loved one is unable to advocate for themselves, they will not be able to address any issues of neglect without an advocate. However, even if your loved one is ordinarily capable of advocating for their own interests, it remains important to speak with an attorney about your concerns. All too often, residents of nursing homes fail to speak up about neglect and abuse because they are afraid of retaliation and/or they don’t want to “bother” their loved ones about the challenges they’re experiencing. The bottom line is that because you have nothing to lose by scheduling a free, risk-free, and confidential consultation with an attorney – and because your loved one may need you to advocate on their behalf – if you have concerns about neglect and/or abuse, it’s time to reach out to an attorney to explore your legal options.

Free, Confidential Case Evaluations Available

If you suspect that your loved one may be suffering as a result of neglect, please share your concerns with an experienced personal injury attorney as soon as you possibly can. Remember, speaking with a lawyer doesn’t obligate you to take legal action, to report your concerns to authorities, or to confront the administrator of your loved one’s nursing care facility. Taking this free, confidential, and “strings-free” meeting will simply allow you to ask questions and to receive a personalized case evaluation. For immediate assistance, please call our firm directly or submit an online contact form through our website.

When it comes to concerns about neglect of nursing care facility patients, it is far better to be “safe” by speaking with an attorney about your situation than to risk that you’ll be “sorry” later if it turns out that your loved one is suffering in ways that are both unlawful and preventable. Please contact our firm today to speak with an experienced lawyer confidentially and at no cost. We look forward to speaking with you. 

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