How to Build a Nursing Home Abuse Case In Connecticut

Every year, thousands of people across Connecticut enter nursing homes for care. Regardless of whether a person is in advanced age or dealing with a chronic health condition, they must be properly cared for. However, we are seeing more often that individuals who entrust these facilities are being abused and mistreated.

Statistics from the World Health Organization show that around one in every six people 60 and older reported experiencing some type of abuse in community settings in 2022.

According to the Silver Ribbon Project, approximately 1 to 2 million Americans over the age of 65 have been injured, exploited, or otherwise mistreated by someone whom they depended on for care or protection. The number of nursing home residents who are neglected or abused is not precisely known, but it is estimated that it is between 2% and 10%. Unfortunately, nursing home negligence is one of the most underreported forms of abuse.

Here in Connecticut, we often hear of families discovering their loved ones have been abused or neglected while in one of our 233 nursing homes statewide. If you discover that your loved one was abused at a care facility, it is imperative to contact a personal injury attorney in New Haven right away. Your family may have legal options.

Nursing Home Negligence Defined

Negligence is a legal term used to define someone’s failure to act or behave with proper levels of care to help prevent foreseeable harm to another person. Nursing homes can be considered negligent if it, in some way, violates the duties it has to their residents.

A nursing home’s duties to residents are multifaceted. Residents of nursing homes have several legal protections at the state and federal levels based on the Nursing Home Reform Act, the general statutes in Connecticut.

Any violation of federal or state regulations and laws that harm the residents is negligence. At Jonathan Perkins Injury Lawyers, we can review the nursing home contract to see if the facility breached the duty it had to your loved one.

Several types of neglect and abuse can be considered negligence by nursing home caregivers, staff, and the entire facility. Some of the most common examples of this include:

Physical abuse

• Shoving or pushing
• Choking
• Slapping
• Unnecessary physical restraints
• Punching
• Overmedicating
• Kicking
• Personal property destruction

Emotional and verbal abuse

• Forced isolation of the residents

• Insults

• Ignoring a resident’s needs

• Screaming or yelling

• Treats and violence

• Derogatory or abusive comments related to the resident’s appearance, race, or age

Sexual abuse 

• Sexual assault or rape

• Sexual comments that are inappropriate

• Photographing residents while nude or in an explicit position

• Forcing a resident to take their clothes off

• Unwanted touching or groping

Financial Exploitation or Abuse 

• Manipulating a resident to provide access to their bank accounts, sign over assets, or similar things

• Cashing the resident’s checks and not giving them the money

• Stealing the resident’s identity

• Stealing personal belongings or money from a resident

Neglect 

• Inadequate or improper care for illnesses or injuries

• Not providing residents with drink and food

• Not maintaining a safe and clean living environment for the residents

• Not administering the right medications to the residents

• Failing to adjust or turn residents who have mobility issues

• Not helping residents when they try to move or walk

• Not supervising residents and allowing them to wander the nursing home or the premises

• Mistakes or errors when using any type of medical equipment

Each of the situations or instances listed above may be considered grounds to file a nursing home neglect or abuse claim. Along with the wrongdoing or negligence of the individual staff members, it’s necessary for a complete investigation to be conducted by our legal team. Our goal will be to find any type of negligence that the facility is guilty of. This may include things like no supervision of employees, improper or inadequate training for staff, negligent hiring practices, understaffing, or hazardous conditions present on the property.

Signs of Nursing Home Abuse

When it comes to identifying nursing home abuse, being vigilant is crucial. Look for physical signs and pay attention to any sudden changes in behavior, such as increased agitation or withdrawal from social activities.

Some common signs of nursing home negligence include:

• Changes in personality
• Tension between caregiver and elder
• Hair loss
• Unexplained injuries or bruises
• Bedsores/pressure sores
• Poor hygiene
• Unsanitary living conditions
• Sudden change in weight
• Dehydration
• Unsuitable or soiled clothing
• Desertion of elderly in public places

Emotional abuse can manifest through fearfulness, depression, or unusual mood changes. Look for signs of neglect like poor hygiene, malnutrition, or untreated medical conditions. Some neglected individuals also tend to display certain emotional changes and psychological injuries such as:

• Anxiety
• Unresponsiveness
• Changes in eating habits

Suppose an elder is being physically or sexually abused. In that case, they may exhibit fear of their caregiver as well as other physical signs such as unexplained sprains or broken bones, genital infections, and more.

Financial exploitation may be evident if the resident suddenly has unexplained withdrawals from their accounts or missing personal belongings.

Verbal abuse can be detected through demeaning language and intimidation tactics used by staff members towards residents. Additionally, observe the overall cleanliness and maintenance of the facility, as neglect in these areas could indicate a larger issue.

If you suspect your loved one is being abused, contact our Connecticut nursing home abuse lawyers immediately. Our team can guide you to ensure you get justice and your loved one is protected.

Common Risk Factors for Nursing Home Abuse

It is important to note that while Connecticut nursing home neglect can happen to anyone, there are some older adults who are at higher risk of becoming a victim than others. Some of the factors that may put a person in this higher risk category include:

• Dementia
• No spouse
• No social support or isolation
• Previous traumatic events in their life
• Poor physical health
• Poverty

Even if your loved one doesn’t fit into one of these categories, it doesn’t mean they will be immune to abuse.

Preventing Nursing Home Negligence

One of the best ways to prevent nursing home negligence is to know what the signs are as well as becoming educated on prevention.

One way to prevent negligence is to listen to seniors and caretakers about new issues or challenges they are facing. In some cases, an elder may self-neglect that can lead to illness and injury when they stop taking care of themselves.

Furthermore, it is important to intervene if you believe that a loved one is being neglected or abused. According to the Silver Ribbon Project 90% or nursing homes are understaffed, which is a common cause of neglect.

Steps to Take If You Suspect Nursing Home Abuse

If you suspect that a loved one is experiencing abuse in a nursing home, it is crucial to take immediate action. The first step is to document any signs or behaviors you have observed. This can include physical injuries, emotional changes, or unexplained financial transactions.

Next, speak with your loved one directly and ask about their nursing home experiences. Listen carefully to their responses and validate their feelings. It is important to show support and tell them you believe them.

Contact the management of the nursing home to report your concerns and request an investigation into the suspected abuse. Keep detailed records of all conversations and correspondence related to the issue.

Consider contacting authorities such as Adult Protective Services or local law enforcement if you believe criminal behavior may be involved. They can provide additional support and resources for addressing the situation effectively. You may also consider calling a personal injury attorney in New Haven. You can file a personal injury claim to hold the bad actors accountable. Click to contact our personal injury lawyers today!

Filing a Nursing Home Abuse Claim

Filing a personal injury claim can help your family recover compensation to alleviate some of the damages you face. This can be especially helpful if you move your loved one to another facility or pay additional medical costs for new or worsened injuries or illnesses. You want to gather evidence after contacting a personal injury attorney in New Haven.

Gathering Evidence for Your Case

Gathering solid evidence is crucial to support your claims and seek justice for the victim. Start by documenting any physical injuries or changes in behavior observed in your loved one. Take detailed notes of any conversations with staff members or other residents that might indicate neglect or abuse.

Request medical records, incident reports, and documentation of medications administered to the resident. Photograph any visible injuries and keep a log of dates and descriptions. It is also essential to gather witness statements from other residents or employees who may have witnessed abusive behavior.

Additionally, consider obtaining surveillance footage if available within the facility. This can provide valuable evidence to support your case. Remember to keep all gathered evidence organized and easily accessible for your attorney as they navigate the legal process on your behalf.

Pursuing a Nursing Home Abuse Case

Once you have gathered evidence of nursing home abuse, the next step is to navigate the legal process in pursuing justice for your loved one. In Connecticut, seeking assistance from experienced Connecticut nursing home abuse lawyers can make all the difference.

Your attorney will help file a formal complaint with the relevant authorities and initiate a thorough investigation into the alleged abuse. They will work to gather additional evidence, such as medical records and witness testimonies, to strengthen your case.

Following this, negotiations may take place between your legal representation and the nursing home facility or their insurance company. If a settlement cannot be reached, your case may proceed to trial, where a judge or jury will determine liability and potential compensation for damages.

Throughout this process, staying informed and involved is crucial while relying on your attorney’s expertise to navigate complex legal proceedings effectively. Trusting in their guidance can help ensure justice for your loved one.

Call Our Connecticut Nursing Home Abuse Lawyers Now

If you suspect that your loved one is being abused in a nursing home setting, you must seek legal representation from our Connecticut nursing home abuse lawyers right away.

At Jonathan Perkins Injury Lawyers, we are passionate about advocating for the rights and well-being of our elderly clients. Our attorneys have dedicated themselves to fighting against negligence and mistreatment in nursing homes.

Everyone deserves respect, dignity, and proper care regardless of age or health. If you or a loved one has been a victim of nursing home abuse, do not hesitate to contact our law firm today for a free consultation with one of our experienced personal injury attorneys.