Episode 86: Calloway County personal injury attorney Jeff Roberts discusses signs to look for if you suspect nursing home abuse. This discussion is based on his over 32 years of experience. Jeff represents injured individuals across the state. The injuries and abuse experienced by elderly people in nursing homes and/or assisted living facilities should never happen. Our loved ones deserve much better.
In previous episodes, Jeff has mentioned he’s also an assistant county attorney for Calloway County. He’s handled many child abuse and child neglect cases for the county. Whether it happens to a child or to an elderly individual, these cases are tragic. These victims often don’t know how to speak up for themselves.
Decubitus Ulcers (“Bed Sores”)
When an individual cannot get up or move around on their own, an ulcer (also commonly referred to as a “pressure sore”) can begin to develop. Pressure on certain areas of the skin can cause the affected area to break down. This happens when someone is confined to a bed without proper care or even forced to sit in a wheelchair for a prolonged and repeated period of time.
If left untreated, the wound can go deeper into the body. Jeff has seen cases that ultimately resulted in the amputation of the affected body part. Treating decubitus ulcers can be complicated given the severity of the wound.
Be sure to carefully examine your loved one for signs of pressure sores. Look at their back, buttocks, ankles and heels. The patient may not be able to see the wound developing. These wounds often develop in areas you might not see if you’re simply standing by the side of the bed. Safely roll your family member to the side and look beneath their clothing to see the areas that are in contact with the bed.
Jeff points out that your loved one may not be able to effectively communicate information about their pain or discomfort.
The facility should have systems and protocols in place to ensure the individual doesn’t continuously lay in the same position throughout the day. There are therapeutic mattresses that can also help to avoid this situation.
If the ulcer remains untreated, it’s possible for sepsis infect the person’s system, which spreads infection throughout the body. This can be a fatal condition.
Malnutrition and Dehydration
If your loved one is heavily medicated, he/she may not realize they haven’t eaten or drank fluids for a prolong period. Even if they are aware, they may not be able to communicate the problem to you. It’s also possible individuals may not be able to feed themselves. The nutritional needs of the patient should be carefully monitored by the staff. A decrease in urinary output may be a sign that needs your attention.
If the food is simply too difficult for the elderly person to chew, there are softer foods and supplements that are available to maintain proper, nutritional levels.
A gradual loss of weight, due to malnutrition, may not be noticed by the family. Clothing and bed linens may conceal obvious signs of weight loss.
Dehydration can lead to kidney failure and other serious conditions.
Jeff notes that when facilities are understaffed, corners get cut and the elderly patients typically suffer. The facility and its management have a responsibility to provide the standard levels of care required for each patient. Sometimes, the management is trying to control costs and maintain profit-levels by running on a leaner staff than it needs to maintain.
What Should You Do if You Suspect Nursing Home Abuse or Neglect
You can speak with the nurses, the management or the doctors about the signs you’ve noticed. You might be able to involve your family doctor, if needed. If they don’t appear receptive, you can also consult with an attorney who handles personal injury cases. Don’t let the problem continue without being properly addressed. Your loved one may be counting on you.
Nursing Home Falls
The staff in a nursing home should be trained to assess the potential for an individual who may be at risk of a fall or tripping. There are usually protocols that are taken to prevent this from happening. An accidental fall while walking, due to rolling out of the bed, or even from a wheelchair can lead to broken bones and/or head trauma and brain damage.
It’s possible after a surgery or other medical procedure, the patient may not realize or remember that he/she will have trouble walking. If they attempt to do so, it might result in a fall. Again, the nurses and staff should be aware of the situation and have implemented safety procedures to avoid the occurrence.
Falls typically happen when a patient is in the restroom or in the shower. It might occur when they are being transferred from the bed to a stationary chair or a wheelchair. If they are able to walk, a transition from tile to carpet in certain areas of the facility could also present a fall risk.
Jeff comments on the danger of not having the proper equipment in the facility (i.e. a lift to help a larger individual get out of bed), enough of the proper equipment or even staff that hasn’t been properly trained to operate the equipment. There are many factors that may result in an injury to the patient, due to negligence.
Physical Abuse in a Nursing Home
Nurses, nurse’s aides and other staff may have to deal with difficult patient. Nevertheless, there is no reason physical abuse should be suffered by a patient in a nursing home. The medical staff and other staff members should be properly vetted during and after the hiring process. They should also be properly trained to deal with difficult situations, without harming patients.
The facility’s management and owners, in addition to the abuser, should also be held responsible, if and when instances of nursing home abuse are discovered.
Bruising is a common red flag, that should at least be a reason for you to have a conversation with your elderly loved one. You may need to do it when the staff isn’t around, so the individual doesn’t feel scared or intimidated. Take a photo of the bruising to preserve the evidence.
If abuse is occurring, it’s possible a member of the staff may attempt to alert you to what’s going on and by whom.
Mental Abuse in a Nursing Home
Your loved one may be experiencing levels of anxiety because they were yelled at by one of the staff members or nurses. Sudden signs of nervousness or crying can be indications of mental abuse taking place. Jeff points out that personalities can change as we age. But if the person’s demeanor or behavior has recently changed, it may be something to note. Verbal abuse and/or physical abuse can be what’s causing the change.
It’s important that you have conversations with your loved one about who they are being treated when you or another family member is not present.
Jeff notes the abuse may be done by another resident or patient of the facility. It’s not always the staff.
Sexual Abuse in a Nursing Home
This is a horrendous situation. Jeff explains that this can result in criminal charges, in addition to the civil charges. This type of abuse can get covered up so the family isn’t aware something has happened or continues to happen.
Management is responsible for running the background checks on the people they hire. They’re also responsible for ongoing training. Management should also communicate to the staff that they have a responsibility to report activities they see or hear about. Jeff explains that sexual abusers may progress in their improper activities that become bolder and bolder over time. Often, fellow staff members may notice something seems odd. They need to report those concerns to management before the actions escalate.
There’s also a possibility that the sexual assault could be done by another resident or patient. The facility has a responsibility to assess the risk and have a protocol to deal with these situations. Failure of the facility’s management and employees to follow their policies and procedures can be factors indicating negligence.
General Signs of Negligence at a Nursing Home
There are flags you should look for when you’re visiting the nursing home or assisted living facility. For instance, are the bed linens being changed as often as they should be changed? Is the room dirty from a lack of proper cleaning? These can be signs of neglect.
Some elderly individuals may not be able to walk to the restroom. Are they unclean when you get there? Just like an infant, exposing skin to urine can lead to rashes and other symptoms.
Urinary blockages and other problems can lead to kidney infections, bladder infections, urinary tract infections, etc. If the medial staff is properly monitoring the patient’s urine output, they should notice a decrease, before it becomes a problem.
There are often tell-tale signs of negligence. It’s important that you’re aware of some of these signs and that you take proper action to communicate any concerns you may have.
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers small town service with big city results.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County and now Christian County, Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
We hope you found this episode insightful and helpful. Thank you for listening!
Is It Time to Speak with an Attorney about Your Nursing Home Abuse Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement