Nursing Home Abuse

Nursing Home Abuse Lawsuits

Making the decision to enter a nursing home, or realizing a loved one needs that level of care, can be difficult. Ultimately, we hope that person receives the best care possible.

Unfortunately, examples of nursing home abuse are common. Many elderly people are abused in the very places that are supposed to provide protection and support. Some even die.

Nursing home abuse involves injuries such as: ^(3) (4)

• Bedsores. 
• Broken bones.
• Bruises, burns, and welts on the skin.
• Cuts, lacerations, and skin tears.
• Dehydration and malnutrition.
• Facial and dental injuries.
• Falls. 
• Head and neck injuries.
• Sexually transmitted diseases (STDs). 
• Unexplained weight loss.
• Untreated wounds.

Nursing Home Abuse Attorneys

If you or a loved one has suffered nursing home abuse, we encourage you to reach out to one of Weitz & Luxenberg’s experienced nursing home abuse attorneys. No one should have to face this type of situation alone.

Weitz & Luxenberg is here to help you navigate the complex legal process that surrounds nursing home abuse cases.

If you or your loved one has suffered any type of nursing home abuse, you may be able to pursue compensation.

In worst-case scenarios, your family member may have died due to nursing home abuse or neglect. In this case, you may be able to file a wrongful death lawsuit.

Let Weitz & Luxenberg’s knowledgeable nursing home abuse lawyers help you. We offer a free consultation and can advise you of your legal options.

For more information, we invite you to contact us at (917) LAWYERS or fill out the form on this web page. One of our representatives will respond to your request for help.

Who Commits Nursing Home Abuse?

Nursing home abuse lawsuits can be complicated. One or more people may be responsible for the abuse.

The people who commit nursing home abuse may be physicians, nurses, nurse’s aides, administrators, janitors, contract workers, or other residents.

Sometimes, the facility itself may have broken both state and federal laws.

In addition, those who harm nursing home residents may commit more than one offense or more than one type of offense.

What Are Types of Nursing Home Abuse?

Nursing home abuse can be intentional or unintentional. Abuse is “the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish.” ⁽⁵⁾ Older person abuse is when someone harms an older adult — someone aged 60 or older. The abuse occurs at the hands of a caregiver or other trusted person. ⁽⁶⁾

Although intent is a key factor in determining whether someone abused a nursing home resident, the Centers for Medicare and Medicaid Services (CMS) “would not necessarily find a reflex response to be unintentional.” Someone who slaps a resident after a resident slaps them “could have developed intent in an instant and thus should be considered abusive.” ⁽⁷⁾

The word “unintentional” is a bit of a gray area. Unintentional error and neglect do not necessarily mean the same things. ⁽⁸⁾

For example, a caregiver’s attitude toward a nursing home resident is hard to measure, even though the resident may feel slighted. Also, sometimes neglect is accidental rather than deliberate. Specific circumstances are important to consider. ⁽⁹⁾

However, examples of the types of abuse that may occur in nursing homes include: ⁽¹⁰⁾

• Physical: hitting, pushing, or kicking.
• Sexual: touching or more violent and intrusive.
• Emotional and psychological: yelling or saying hurtful things.
• Neglect: failing to provide necessities such as food and water.
• Abandonment: desertion by a person responsible for their care.
• Financial: misusing or stealing a person’s possessions.

What Are Examples of Nursing Home Abuse?

As reported by CNN, “Some of the victims can’t speak. They rely on walkers and wheelchairs to leave their beds. They have been robbed of their memories. They come to nursing homes to be cared for. Instead, they are sexually assaulted.” ⁽¹¹⁾

Some of the victims can’t speak. They rely on walkers and wheelchairs to leave their beds. They have been robbed of their memories. They come to nursing homes to be cared for. Instead, they are sexually assaulted.”

As reported by CNN

In another incident, a woman who visited her mother in a nursing home every day to assist with bathing and eating was not allowed to visit during the COVID pandemic. When talking on video calls, her mother appeared lethargic and less talkative. During one, caregivers could not wake her mother. She insisted they take her to the emergency room. Doctors found the mother had lost weight and had a large, infected bedsore. Her mother soon died of sepsis. ⁽¹²⁾ 

Jean Krause was 78 and suffered from dementia. “For weeks before her death” she “lay in her bed at a… senior home, staring mutely at the walls. Even when her children arrived with flowers or her favorite dessert, she did not respond. Or she would suddenly sit bolt upright, asking if her door and windows were shut.” After she died, “the family finally solved the mystery of her strange behavior.” She “was sexually assaulted in her bed by a male nurse’s aide who appeared to be changing her underwear.” ⁽¹³⁾ The family members only learned of the assault when an attorney contacted them about the crime — almost a year after their mother’s death.

In an incident cited in a Long Term Care Community Coalition report, a mentally confused resident was punished for cursing by being placed into a tub of hot water. The resident died from scalding two weeks later. ⁽¹⁴⁾

Nursing Home Abuse Is Often Elder Abuse

Nursing home abuse occurs in a nursing facility, while elder abuse can occur anywhere. So, nursing home abuse can be considered a form of elder abuse. Unfortunately, elder abuse is becoming much more common as the U.S. population of older adults is rising faster than the population of young adults. ⁽¹⁵⁾

Elder abuse can occur in many different ways, such as: ^{(16) (17)}

• Physical abuse.
• Sexual abuse.
• Emotional or psychological abuse.
• Neglect. 
• Abandonment.
• Financial.

Whatever form the nursing home abuse takes, it occurs when the patient is harmed in some way. Generally, the patient experiences pain or injury, suffering, and a decreased quality of life.

Nursing Home Abuse Is a Serious Concern

Elder abuse is a serious concern in nursing homes, with incidents of physical abuse rising. According to the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services, “Nursing homes should be environments that are free of harm.” The OIG “uncovered misconduct and grossly substandard care in nursing homes.” It states that “substandard care can result in harm such as costly medical injury, unsafe conditions, and abuse and neglect of residents.” ⁽¹⁸⁾

OIG reports, “In 2023, nearly 16 percent of residents living in long-term care settings reported experiencing abuse.” ⁽¹⁹⁾

Another study found, “The highest abuse rates reported by residents and/or by others referred to psychological (4–99%).” ⁽²⁰⁾ 

This meta-analysis report of staff-to-resident abuse in nursing homes also indicates resident-reported prevalence of abuse was as high as 93% for physical abuse and up to 87% for neglect. ⁽²¹⁾ 

The same study noted self-reported abuse by nursing home staff reached 46% for psychological abuse, 40% for physical, and 77% for neglect. ⁽²²⁾

Physical Abuse in Nursing Homes

According to the Centers for Disease Control and Prevention (CDC), physical abuse is “illness, injury, functional impairment, or death resulting from the intentional use of physical force.” ⁽²³⁾

Physical violence includes “hitting, beating, pushing, shoving, shaking, slapping, kicking, pinching, and burning. Physical abuse also embraces any unlawful, excessive, or unnecessary use of physical or chemical means to restrain or confine,” according to the National Center on Elder Abuse (NCEA). Examples of physical abuse include force-feeding and physical punishment. ⁽²⁴⁾

Signs of potential physical abuse in nursing homes include: ⁽²⁵⁾

• Welts, wounds, cuts, and bruises.
• Head injuries.
• Internal injuries.
• Broken bones.
• Open wounds such as bed and other pressure sores.

Sexual Abuse in Nursing Homes

Patients in nursing homes may be particularly vulnerable to unwanted touching or sexual advances. Patients may have medical conditions that prevent them from specifically consenting to sexual contact. ⁽²⁶⁾

When this is the case and a patient is not able to agree to sexual contact, any form of sexual contact is sexual abuse. Sexual abuse is a criminal offense.

Examples of sexual abuse in nursing homes include: ⁽²⁷⁾

• Unwanted touching.
• Rape.
• Sodomy.
• Forced nudity.
• Sexually graphic photography.

Psychological or Emotional Abuse

The CDC defines psychological or emotional abuse as “verbal or nonverbal behaviors that inflict anguish, fear, or distress. Examples include humiliation, threats, or harassment.” ⁽²⁸⁾ This type of abuse can also be acts such as verbal assaults, insults, intimidation, and isolation, explains the NCEA. ⁽²⁹⁾

Neglect in Nursing Homes

One definition of neglect is, “The refusal or failure to fulfill any part of a person’s obligations or duties of care to an elder which include, but are not limited to, life necessities such as food, water, clothing, shelter, personal hygiene, medicine, comfort, and personal safety.” ⁽³⁰⁾

Specific examples of neglect include: ⁽³¹⁾

• Letting you get dehydrated.
• Allowing you to suffer from malnutrition. 
• Creating unsafe or unsanitary living conditions.
• Not preventing poor personal hygiene. 
• Not treating bed sores. 
• Not treating health issues. 

In addition, many residents in nursing homes may benefit from specific federal programs that are part of legislation passed in 2010, The Elder Justice Act. This federal legislation addresses abuse, neglect, and exploitation of older adults. ⁽³²⁾

Under previous legislation from 1987, the Nursing Home Reform Law, nursing homes are required to protect the rights of their residents. “A person living in a long-term care facility maintains the same rights as an individual in the larger community.” ⁽³³⁾ Among these rights are the right to quality of life, to be fully informed, to complain, to participate in one’s own care, privacy and confidentiality, to visits, and to dignity, respect, and freedom. ⁽³⁴⁾

Risk Factors for Nursing Home Abuse

Research suggests that some people may be more at risk than others for being abused in nursing homes. Risk factors include: ^{(35) (36)}

• Functional dependency/disability. 
• Poor physical health. 
• Cognitive impairment and decline.
• Poor mental health.
• Isolation.

Nursing Home Resident Rights

Nursing home facilities certified by Medicare or Medicaid must protect your rights. and ensure you receive the care and services you need. ⁽³⁷⁾

First and foremost, you have the right to make your own decisions, the right to be informed, and the right to have your personal information kept private and confidential. Someone at the nursing home is required to inform you of your rights and explain them in writing in a way you can understand. ⁽³⁸⁾

Before you move into a nursing home, someone at the facility must also let you know what your responsibilities as a patient are. All residents are required to conduct themselves responsibly and treat others respectfully. ⁽³⁹⁾

At the very least, federal law mandates that a nursing home both “protect and promote the rights… of each resident.” ⁽⁴⁰⁾

As a resident at a Medicare- or Medicaid-certified facility, you have the right to: ⁽⁴¹⁾

• Be free from discrimination.
• Be free from abuse and neglect.
• Receive proper medical care.
• Be treated with respect.
• Be free from restraints.
• Get proper privacy, property, and living arrangements.
• Make complaints.

Cases of Nursing Home Abuse Are Underreported

Federal law requires nursing home facilities to report serious cases of nursing home abuse to police within 2 hours of the incident. ⁽⁴²⁾ However, more than 25%, or one out of four, are not reported to police. ⁽⁴³⁾

These are instances of significant nursing home abuse. In some instances, residents required treatment at a hospital emergency room. ⁽⁴⁴⁾

For example, one woman was sexually assaulted at her nursing home facility. She showed severe bruising following the assault. ⁽⁴⁵⁾

However, personnel at this nursing home facility never reported the abuse, even though they are required by law to do so. ⁽⁴⁶⁾

Weitz & Luxenberg Nursing Home Abuse Lawyers Filing Lawsuits

If you or a family member has been abused in any way at a nursing home or, in a worst-case scenario, died following the abuse, you should not have to face the situation alone. We encourage you to contact Weitz & Luxenberg to speak with one of our nursing home abuse lawyers.

You may be entitled to compensation for the harm you or your loved one endured.

Filing a lawsuit against a health care provider or nursing home facility may seem intimidating. However, nursing home abuse is a serious matter. Anyone who commits nursing home abuse should be held accountable for his actions.

At Weitz & Luxenberg, our knowledgeable, experienced nursing home abuse attorneys can help you face the challenges ahead. We have lawyers who can respond to your specific circumstances.

Please contact us for more information. A consultation is absolutely free, and we can provide you with legal guidance regarding your situation.

W&L Has a Proven Track Record of Winning Lawsuits

We are prepared to file appropriate nursing home abuse lawsuits on behalf of our clients who have experienced nursing home abuse.

For almost 40 years, we have devoted ourselves to representing clients who have been harmed by others. We also have a history of winning. Over the years, we have secured billions in verdicts and settlements on behalf of our clients.

We urge you to call us now. “Abuse in a nursing home is unacceptable and cannot be tolerated. People who commit nursing home abuse, and the organizations that allow it, must be held legally accountable,” said Gary Klein, managing attorney at Weitz & Luxenberg.

We want to help you. 

You can reach us by phone at (917) LAWYERS or by completing the form available on this web page. Please do not hesitate to reach out.

Although a past record does not guarantee future success, Weitz & Luxenberg has the experience and resources necessary to stand up to both large-scale and small nursing home facilities, both federally funded and private.