Author: Jennifer Gulbrandsen

Nursing home abuse and neglect affects thousands of families each year. According to the NCOA, as many as 5,000,000 people are affected by elder abuse annually. However, when it comes to nursing home abuse and neglect, it’s important to understand the facts. At Parente & Norem, P.C., our experienced attorneys can help guide you through the process of getting justice for your loved one who may be a victim of nursing home abuse and neglect. In this article, we will cover some of the facts regarding these cases to help you better understand what nursing home abuse and neglect is, how to spot it, and what you can do to help your loved one. 

Abuse Vs. Neglect in a Nursing Home

One of the biggest myths about nursing home abuse and neglect, is that abuse only covers physical injuries that occur while someone is in the care of a long term care facility. Many don’t realize that neglect is also a form of abuse. Even accidental neglect is abusive, and intent does not absolve the facility and its staff from liability. Accidents such as a resident getting the wrong dosage of medication, or being given the wrong medication in error can have severe life altering consequences. 

Neglect can also cover staffing shortages, improper training, and the facility’s failure to properly screen and background check their employees. Also, failing to report any injury, illness, or incident to family or guardians in a timely manner are also forms of neglect. Other forms of neglect can be medical, social and emotional, refusal of basic living needs, and lack of personal hygiene. 

Abuse is also not limited to physical injury. Abuse can be emotional, sexual, and financial as well. 

How to Spot Nursing Home Abuse and Neglect

While nursing home abuse can be very hard to detect, there are some common warning signs and symptoms. These can include: 

• Sudden onset of aggression, anxiety, agitation, or significant personality changes
• Bedsores, broken bones, bruises, and burns
• Dehydration, malnutrition, or sudden change in appetite
• New or untreated medical conditions
• Insomnia or changes in sleeping patterns
• Personal hygiene issues
• Other unexplained injuries, illnesses, or behaviors

How to help your loved one

Be sure to document any changes, incidents, injuries, etc., and communications with the facility’s staff. Then contact an experienced nursing home abuse and neglect attorney. Click here for your free case evaluation. 

You may have heard the terms ‘medical malpractice’ and ‘wrongful death’ before, but what do they mean? Are they different? Can medical negligence result in a wrongful death? Is a wrongful death claim only limited to something going wrong medically, or does it apply to other types of negligence as well? Here at Parente & Norem, PC we have all of the answers you need to these questions. 

Medical Malpractice

Let’s start with medical malpractice, also referred to as ‘medical negligence.’  This occurs when a healthcare worker is negligent, or administering care outside of their licensed scope, and a patient is harmed. Medical malpractice is the third leading cause of death in the United States after heart disease and cancer. You can be the victim of medical malpractice at any stage of the treatment process from diagnosis to follow up. Medical malpractice can also lead to a wrongful death claim if negligence directly resulted in the death of the patient. 

Wrongful Death

Wrongful Death has a wider scope under the law than medical malpractice. While medical malpractice is limited to the actions of those administering medical care, wrongful death may be defined as the legal claim that something or someone caused the death of another. This can cover a myriad of events from nursing home abuse and neglect, defective products, dog bites, recalled motor vehicles, assault, and automobile accidents caused by negligence. 

The main difference between medical malpractice and wrongful death lies in their definitions. Medical malpractice involves negligence while wrongful death is a legal claim. Medical malpractice can result in a wrongful death claim. A lawyer can help you navigate these definitions and how to proceed. 

If you believe you or someone you love has been the victim of medical malpractice or wrongful death, it is important to contact an attorney right away as there is a relatively short amount of time to file your case. Contact our attorneys today for more information and a free case evaluation.