THE PREMIER
PERSONAL INJURY FIRM OF OMAHA
Chris and James Welsh of Welsh & Welsh
Proudly fighting for the Omaha community for over 65 years.

Omaha Nursing Home Abuse Lawyer

Placing a loved one in a nursing home can be a harrowing decision. Questions regarding their safety, happiness, and general wellbeing are likely at the forefront of our minds. Nebraska nursing homes and long-term care facilities have a duty, both ethically and legally, to keep our elderly loved ones safe and healthy. Unfortunately, a large percentage of nursing home and long-term care residents are subjected to a variety of abuses.

According to data from the National Center on Elder Abuse (NCEA), approximately 1.4 million individuals resided in nursing homes and an additional 835,200 resided in residential care communities, like assisted-living facilities, in 2014. Of the 188,599 complaints reported that year, 7.6 percent involved abuse, neglect, or exploitation. It’s estimated, however, that the majority of nursing home abuse and neglect incidents go unreported to authorities.

If you fear for the safety of your loved one or have seen evidence pointing toward physical or emotional abuse or any type of suffering that may have been caused by negligence or carelessness, you should reach out to an Omaha nursing home abuse lawyer today. When elderly care facilities neglect or abuse residents, we have a right to file a lawsuit against the facility. Facility understaffing, a known issue, isn’t an excuse. Our loved ones deserve better care.

When the family members of a nursing home resident file a lawsuit against any facility, that resident will be relocated to a safer environment. Additionally, if the claim is successfully proven, the nursing home or facility will be forced to compensate the resident and their family for any physical and emotional suffering that was a result of the negligence or abuse. A lawsuit is sometimes the only way to ensure that other residents don’t suffer in the same way.

Understanding what your loved one may be experiencing in a nursing home or long-term care facility can be difficult. In order to ease this trouble, we’re here to provide you with information on the laws regarding nursing home care, the common types of abuse and neglect that take place in these facilities, and the legal rights that you and your loved one possess.

First, let’s go over the laws and regulations for nursing homes in Nebraska.

Understanding Nebraska Nursing Home Laws and Regulations

Elderly care facility laws exist at both the federal and state level, to ensure residents have the rights they deserve and to offer protection from abuse and neglect.

The majority of federal laws come from the Nursing Home Reform Act. In order to comply with these laws, nursing home facilities must:

  • Have a sufficient nursing staff
  • Develop a care plan for each resident after conducting a comprehensive assessment of their functional capacity
  • Prevent the deterioration of residents’ abilities to perform basic needs and activities
  • Aid with basic needs and activities, if necessary
  • Ensure residents have access to devices that assist in maintaining hearing and vision abilities
  • Ensure residents do not develop sores like bedsores
  • Provide treatments to maintain bladder function
  • Ensure procedures are in place to prevent accidents
  • Maintain acceptable nutrition and hydration status
  • Avoid significant medication errors
  • Promote quality of life, dignity, and respect
  • Ensure that residents have the right to make their own schedules and choose their activities
  • Maintain accurate clinical records

In addition to the federal regulations, Nebraska lawmakers guarantee nursing home residents certain rights. Some of the rights, under Chapter 12 of Title 175, assured to Nebraska residents in long-term care facilities include:

  • The right to be free from abuse and neglect
  • The right to be free from chemical and physical restraints
  • The right to care for medical, physical, mental, and social needs
  • The right to be treated with dignity and respect
  • The right to participate in facility activities
  • The right to self-determination and privacy
  • The right to be fully informed of their medical conditions, treatments, and the facility status
  • The right to voice grievances

Unfortunately, many of these laws are broken by nursing home staff every single day in a variety of ways.

Recognizing Common Types of Nursing Home Abuse and Neglect

Nursing home abuse and neglect are quite different, but both exhibit many of the same signs and are directly caused by facility staff members failing to properly care for residents. Neglect may be intentional or unintentional while abuse is always intentional.

Below you’ll find the most common types of mistreatment, as well as some of the sign which may pinpoint that a loved one is being abused or neglected in a long-term care facility.

Physical Abuse

Physical abuse is the easiest type of abuse to recognize, given the visible signs on the body. It generally occurs when staff members hit residents, improperly use restraints, or forcefully mishandle them. Overdosing or withholding medication is also considered physical abuse.

Telltale signs of physical abuse include unexplained injuries like bruises, broken bones, cuts, scrapes, and restraint marks.

Psychological Abuse

Emotional and mental abuse occurs when a resident is ridiculed or humiliated by staff members or intimidated with naming-calling or yelling. Even being excessively ignored by staff members can count as emotional abuse.

Signs of emotional or mental abuse can vary, but will generally include sudden mood changes, noticeable signs of fear, or a sudden desire to withdraw—especially when staff members are nearby.

Financial Exploitation

Financial abuse is more common in non-institutional caregiving situations, but it can and does occur in nursing homes where the residents have control over their finances. A staff member may steal from a resident or coerce them into giving them bank account information or personal property. Staff members may use a resident’s declining mental capacities to take advantage of the situation.

If you notice your loved one has items missing, has lost money recently, or there is suspicious activity on their bank statements this may be evidence of financial abuse.

Sexual Abuse

The majority of sexual abuse incidents in nursing homes go unreported. Victims of sexual abuse may be forced into sexual acts with staff members or other residents or may have inappropriate photos taken against their will.

Victims of sexual abuse in nursing homes may exhibit both physical and psychological changes.

Neglect

Nursing home neglect comes in various forms. When a facility is understaffed, and staff members fail to properly watch residents or provide a basic level of care, neglect occurs. An example of neglect may be when a loved one falls after attempting to get up on their own because no one helps them to the restroom. Neglect may also take the form of failing to get a resident the medical care they need or failing to keep a facility clean and safe for its residents.

Nursing home staff members must watch out for residents who wander. This is often referred to as elopement. If your loved one is prone to wandering, it’s up to facility employees to properly ensure they remain safe and can’t leave the premises or endanger themselves.

Residents who are neglected are often malnourished, dehydrated, or unusually quiet. They may also have bruises or scrapes from falling or exhibit other signs of uncleanliness.

The Impact of Elder Abuse

The impact of elder abuse negatively affects a variety of areas including physical, psychological, financial, social, and medical.

The physical implications of elder abuse in nursing home settings include persistent pain, nutrition and hydration issues, poor hygiene, sleep disturbances, increased susceptibility to illnesses, exacerbation of current health conditions, and an increased risk of premature death.

In regard to the psychological implications, abused nursing home residents may experience higher levels of distress and depression. There’s also a risk for a greater decline in mental health and functioning.

Financial abuse impacts residents, families, businesses, and government programs. On average, financial abuse costs our senior citizens more than $2.6 billion per year.

Abused nursing home residents are likely to face increased social isolation, either due to self-withdrawal from their normal activities and habits or because of deliberate actions made by their abuser.

Nursing home abuse is theorized to add an addition $2.8 billion per year in Medicare hospital costs. Victims of elder abuse in long-term care facilities are three times more likely to be admitted into a hospital.

Preventing Nursing Home Abuse and Neglect

If you’re planning on placing your elderly loved one in a long-term care facility or nursing home, it’s important to inform yourself on the issues addressed above, as well as understand the steps you can take to reduce the chances of your loved one being abused.

First off, it’s imperative to stay in touch with your elders. Remain in contact with them regularly, so you know what’s going on. This will also increase your chances of recognizing the signs of abuse.

Secondly, encourage your loved one to remain active and attend community events. This will encourage them to remain in high spirits and improve their overall quality of life.

Finally, make sure your loved one is fully informed about all their affairs, including their medical conditions and treatments, and their finances. While they may need assistance managing and understanding everything, the best way to care for your loved one is to keep them in the loop.

Finding Help for a Loved One with an Omaha Nursing Home Abuse Attorney

If you suspect your loved one may be getting injured or is suffering due to negligence and/or abuse in a nursing home, you should contact Nebraska’s Adult Protective Services immediately. They will be able to help you relocate your loved one to a safe environment while they investigate the claim. Never take chances with the life of a loved one. Gathering any evidence you can in the way of medical documentation and photographs of injuries and conditions at this time can also help.

After you have relocated your loved one, you will want to contact an Omaha, NE nursing home abuse lawyer if you’re located in the state of Nebraska. Welsh & Welsh can pair you with an attorney who’s experienced in nursing home abuse cases and their complex nature. Together, we can fight on behalf of your loved one and ensure that steps will be taken so the residents in that facility are cared for properly.