NURSING HOME NEGLIGENCE, ABUSE, AND NEGLECT IN WASHINGTON STATE

The decision to place an elderly or disabled loved one in a nursing home is never an easy one. Trusting that a dependent adult is better off in a facility where day-to-day needs are met, and he or she will enjoy a good quality of life can make the decision easier.

When evidence of negligence, abuse, or neglect undermines this assumption, it is very upsetting for everyone involved.

The sad fact is that many nursing home residents face physical and mental abuse at the hands of long-term care facility staff. Over half of nursing home staff in one study admitted to mistreating patients within the past year. In another study, 44 percent of residents said they had been abused, while 95 percent said that they had been neglected or witnessed neglect.

The problem may be even more widespread than these numbers indicate, because many negligence cases are missed or unreported.

If you suspect that your loved one has been harmed while living in a Washington nursing home, Tinker Law Firm, PLLC can help. Our lawyers work to help victims and their families achieve justice through the pursuit of legal actions against those who mistreat vulnerable nursing home residents.

We’ll let you know how victims of nursing home negligence can protect their rights under Washington law. Call us today or fill out our online contact form for a free claim evaluation.

What is Considered Nursing Home Abuse, Neglect, or Negligence?

Data from the Administration on Aging show that the leading forms of abuse in nursing homes include:

• Physical abuse (29 percent). This type of abuse commonly includes pushing, grabbing, shoving, or inappropriately restraining a nursing home resident.
• Psychological abuse (21 percent). Psychological or emotional elder abuse involves causing emotional distress to a resident, whether through humiliation, intimidation, mocking, threatening, or isolating a resident from peers and activities.
• Gross neglect (14 percent). Neglect occurs when nursing home staffers do not meet the needs of a resident. This can include insufficient medical care and treatment or inadequate physical and emotional attention.
• Sexual abuse (7 percent). Sexual abuse includes not just rape but any form of nonconsensual sexual contact. Residents may also be forced into sexual contact with another person or coerced into nudity or another form of sexual behavior. Sexual abuse often goes unreported.
• Financial exploitation (7 percent). Financial abuse can take many forms. It could involve stealing money, tricking a resident into giving out bank account or credit card numbers, forging signatures, identity theft, or running an embezzlement scam. It could also involve abuse of legal guardianship, power of attorney, or conservatorship.

In some situations, nursing home care staff make negligent errors, often because of overstaffing, undertraining, or other systemic problems. This may include medication errors, failure to identify and report changes of patient condition, and failure to adequately respond to emergency situations.

How is Liability Determined for Falls and other Injuries in Nursing Homes?

Elderly people are extra vulnerable to slip and fall and other accidents because many have mobility and balance problems. When an elderly person falls they often suffer serious consequences including functional decline/reduced quality of life, broken bones, and even disability.

If a resident falls in a nursing home and suffers broken bones or other deterioration of health or life, the nursing home may be held liable if it can be shown that the nursing home failed in its duty to prevent falls among its residents through an unsafe environment or negligent care.

You may be asking—What is duty of care? When a nursing home agrees to take on a resident they accept a “duty of care” to that resident. This means that the nursing home has a responsibility to protect each resident from harm with a level of reasonable care including a safe environment.

When a nursing home facility, its administrators or employees breaks their duty of care by acting recklessly or negligently and a resident is injured as a result, they may be liable for damages.

Examples of negligence in fall cases include:

• Patient was not properly monitored for their medical needs
• Safety precautions such as wet floor signs and handrails were not used to protect residents
• Dim lighting in walkways meant residents could not see properly
• Tripping hazards left in walkways
• Failure to provide access to mobility devices
• Failure to install no-slip flooring and handles on walls/inside the shower in bathrooms

To prove that nursing home or staff negligence caused the injury, the plaintiff will be asked to provide evidence such as pictures, documents and reports that explain the circumstances around the incident. In most cases, an expert witness is asked to testify that the nursing home violated the duty of care owed to nursing home residents.

What Should I Do if I Believe My Loved One Was Abused in a Nursing Home?

You suspect nursing home abuse, neglect, or negligence, and now you want to do something about it. In addition to reporting your suspicions to the Washington State Department of Social and Health Services (access the department’s website here or call 1-866-363-4276), you may also be considering legal action against an individual care provider or the facility.

Another point to remember is that you or a loved one may have unknowingly signed paperwork that may prevent you from filing a lawsuit against the nursing home. There is a mountain of papers to be signed when a resident is admitted to a nursing home. Increasingly, nursing homes are adding a provision that requires disputes to be settled in arbitration rather than in a courtroom. An attorney can help you understand what effect this may have on your potential case.

An experienced attorney can help you seek justice for an abused nursing home resident whether it is through arbitration, a lawsuit or out-of-court negotiations.

Chemical Restraint of Nursing Home Residents

While psychotropic drugs may have a proper role in nursing homes, using them to sedate residents for the convenience of staff is not one of them. Medicare and Medicaid programs prohibit chemical restraint, as does Washington State law.

In addition to facing criminal charges, nursing homes that chemically restrain residents by administering medically unnecessary drugs may be ordered to pay compensation to victims or their families through a civil lawsuit.

If you suspect that a loved one has been chemically restrained in a nursing home or other long-term care facility in Washington State, Tinker Law Firm, PLLC can help. Our lawyers work to help victims and their families achieve justice through the pursuit of legal actions against those who mistreat vulnerable nursing home residents.

We’ll let you know how victims of negligent chemical restraint can protect their rights under Washington law. Call us today or fill out our online contact form for a free claim evaluation.

The Effects of Chemical Restraint

The use of chemical restraint in nursing homes is widespread, according to resident advocates. The National Consumer Voice for Quality Long-Term Care reports that 26 percent of all nursing home residents and 40 percent of residents with dementia are given antipsychotic medications.

These drugs – frequently given to residents with no diagnosis to warrant their use – place residents at greater risk of injury, harm and death. A Food and Drug Administration (FDA) official estimates that unnecessary antipsychotics kill 15,000 nursing home patients every year.

Psychotropic drugs, such as tranquilizers and sedatives, are often prescribed as a form of therapy to nursing home residents with mental health issues. Antipsychotics, for example, may be administered to dementia patients to prevent them from hurting themselves or somebody else.

Even when prescribed for valid medical reasons, drugs can have harmful side effects, especially when mixed with other drugs. Older patients are more at risk for adverse drug effects, and studies have shown that nursing home residents who take psychotropic drugs regularly on a long-term basis suffer harmful side effects. Side effects may include:

• Loss of autonomy
• Diminished ability to think clearly
• Less interest in self-care
• Memory impairment
• Agitation
• Sedation
• Functional decline
• Increased fall risk
• Movement disorders
• Hypotension

Find out how our Lawyers can Help with your Nursing Home Claim.

If you believe that your loved one was injured as a result of nursing home negligence, first call the Washington State nursing home abuse and neglect hotline number to report your concerns: 1-866-ENDHARM (1-866-363-4276). Next contact our experienced nursing home abuse lawyers; we’ll discuss your legal rights and may be able to fight for a settlement on your behalf through legal proceedings.

Tinker Law Firm, PLLC’s experienced lawyers have a proven record of getting results for our clients. We’re known, respected, and trusted for our handling of serious injury cases.

One of our attorneys is also a nurse who worked in nursing homes before becoming a lawyer.
Call Tinker Law Firm, PLLC now at (206) 752-4366 or complete our online contact form for a free claim evaluation.

There are no fees or expenses to file a personal injury case, as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.

Sources:

• National Center on Elder Abuse (NCEA):
• Statistics/Data
• Abuse of Residents of Long Term Care Facilities
• American Association for Justice:
• Nursing Home Statistics — Scope of Abuse and Neglect
  • Forced Arbitration
  • American Psychological Association — Elder Abuse and Neglect: In Search of Solutions
  • Administration on Aging — 2011 Annual Report
  • The National Consumer Voice for Quality Long-Term Care: Residents’ Rights: An Overview