Recently, there has been increased recognition that elderly and dependent adults are subject to risks of abuse, neglect, and abandonment. The abuse can be recurrent neglect or a single egregious event that produces injury, either physical or financial. There are several common types of injuries that are suffered as a result of recurrent neglect, including:
- Falls and fractures
- Physical or chemical restraints
- Malnutrition or dehydration
- Improper, wrong or over-medication
- Bed sores
- Lack of supervision (allowing residents to wander away from the facility)
- Physical abuse or unexplained injury
- Weight gain or loss
- Septic shock
- Gangrene
- Aspiration pneumonia
- Theft of money and personal property
- Unexpected or wrongful death
- Unsanitary conditions
- Untrained or insufficient staff
- Over-sedation
- Abandonment
- Substandard medical care
- Poor personal hygiene
- Defective equipment
- Sexual assault
The federal statute, the Omnibus Budget Reconciliation Act or “OBRA” and its interpretive guidelines spells out how nursing homes are ultimately responsible for the health, medical care, and well-being of their residents.
Before proceeding with litigation, a review of the medical records is critical. All available family members, friends and witnesses should be interviewed to determine if there is any additional information regarding the elder’s treatment or documents which will assist in evaluation. Important factors which may impact the amount of damages that may be recovered include the egregiousness of the nursing home’s conduct, whether a pattern of neglect can be shown, and whether injuries from the nursing home’s negligence can be distinguished from the resident’s existing disease process.