Elderly Abuse Information and Nursing Home Lawsuit Case Examples...

When a nursing home contract is signed, the resident expects a certain degree of support, comfort and stability, particularly as their physical condition worsens.

Unfortunately, for some nursing home residents, this expectation is not met. The results can vary from frustrating to tragic. 

Indicators of a problem in a nursing care facility can include:

-poorly trained or unqualified staff;
-staff with a prior history of violence; and/or
-inadequate staffing levels.

These problems can result in elderly abuse situations such as:

-isolation,
-psychological torment,
-theft of prescriptions,
-physical or sexual abuse of residents.

Elderly abuse cases seek to establish the type of abuse and liability the nursing home is under. This can include personal injuries caused by:

-negligence,
-false imprisonment,
-violations of licensing regulations,
-maintenance and residential hazards.

Most cases start with a complaint, followed by an investigation by an adult protective services agency, then a civil or criminal case. A civil case aims to recover financial damages, a criminal case is meant to punish harmful conduct.

In civil elderly abuse cases, the usual course of action is to prove there was negligence on the part of the staff, supervision, hiring and training of employees, and facility maintenance or equipment, and that this negligence was harmful or abusive.

Negligence by employees can be far ranging and may include breach of service, mishandling prescriptions and medication dosages, or even psychological isolation.

Criminal elderly abuse cases are much less common (thankfully). They can include neglect, deliberate mistreatment, and physical or sexual abuse.

Historically, elder victims have often remained silent, but these types of nursing home lawsuits are going to court more often and reaching convictions more readily.

There is enough precedent that many states now have additional penalties for injuries and privations affected by elderly abuse cases, particularly in instances where there's unjustified use of restraints, failure to provide adequate food, and failure to maintain residents' hygiene.

Elderly Abuse & Neglect Case Studies:

Neglect in Nursing Home Care - This case deals with a nursing home which failed to provide adequate care to one of its residents. The case is built on negligence theory and breach of contract.  

Resident Wanders from Elderly Assisted Living Facility - A new resident with a history of wandering is not checked-on according to the required schedule and walks out of the facility, resulting in multiple injuries.

Elderly Physical Abuse Results from Nursing Home Neglect - A man with Alzheimer's disease is inadequately supervised in a nursing home and attacks his wife. The nursing home was assigned partial fault due to their lack of required supervision.

Read the following real life case examples to better understand the legalities of elderly abuse lawsuits:

Medical Negligence Lawsuit Seeking Damages for a Wrongful Death - In this medical negligence lawsuit the plaintiff is asking the court to award damages for the death of her father as a result of a nursing home's medical negligence.

Lawsuit Involving Nurse Negligence & Failure to Adequately Screen Staff - In this suit involving nurse negligence, a nurse with prior misdemeanor battery offenses was not adequately screened by the facility where she was hired. She ultimately assaulted a resident.

Nursing Home Negligence Lawsuit Alleging Inadequate Care - In this nursing home negligence lawsuit, plaintiffs allege the nursing home failed to provide adequate care for a resident resulting in serious medical problems.

Nursing Home Negligence Settlement is Given After Salmonella Outbreak - This nursing home negligence settlement came about when a nursing home experienced a serious outbreak of salmonella, sending many residents to the hospital.

Nursing Home Sexual Abuse by Employee - In this nursing home sexual abuse lawsuit, criminal charges were filed against an attendant who had sexually abused a female resident numerous times.