Providence Nursing Home Abuse Lawyer​
When faced with the distressing reality of nursing home abuse, it is crucial to have experienced and compassionate legal representation on your side. Nursing home abuse is a grave issue that requires the attention of attorneys who are not only knowledgeable about the law but also sensitive to the needs of victims and their families. General personal injury lawyers may not have the specific expertise required to handle the unique challenges of nursing home abuse cases.
Jury verdict for a client whose lifelong disabilities were caused by medical negligence.
Recovered for the estate of a woman who passed as a result of surgical negligence.
Recovered for a family of an infant who died as a result of medical negligence.
to the family of a woman who died as a result of negligent monitoring in a local hospital.
- Published date:
- February 6, 2023
- Updated date:
- September 6, 2024
A Providence nursing home abuse lawyer from Marasco & Nesselbush can advise you regarding your rights if you or a family member has been abused in a facility. You have the right to request an investigation and to hold the abuser responsible for their actions. You may also be eligible to file a civil claim to recoup compensation for the suffering you or a loved one experienced.
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Why You Need A Experienced Nursing Home Abuse Lawyer
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You likely put in a lot of time and effort to find a quality nursing facility for your loved one or yourself. This is why it can be so devastating to be the victim of abuse or discover later that your family member suffered abuse. But you do not have to confront the situation alone.
Navigating the legal landscape of nursing home abuse can be daunting. These cases often involve intricate details, from medical evidence to state and federal regulations governing long-term care facilities. At Marasco & Nesselbush, we are experienced in these types of cases and have a proven track record of holding negligent parties accountable. Our team has successfully represented numerous clients in Providence, helping them secure significant settlements and verdicts that provide much-needed financial relief and a sense of justice.
A Providence nursing home abuse lawyer can guide you through the process of standing up against the abuser and seeking damages. You have every right to fight for fair compensation and to hold the responsible party liable, whether that is the facility, an employee, or both.Â
Let us help you navigate the process more smoothly with support from the Marasco & Nesselbush legal team. Your attorney can fight for the full compensation you or your family member deserves and try your case in court if necessary.
Marasco & Nesselbush Holds Nursing Homes Accountable​
Our law firm negotiated compensation for the family of a 71-year-old woman who had been transferred from a hospital to a nursing home with instructions to use a specific breathing machine for her severe lung condition.Â
The facility had failed to follow the hospital’s instructions, and after two days without proper treatment, the woman died. The skilled legal team at Marasco & Nesselbush argued that the negligence of the nursing home staff resulted in the family’s pain and suffering and the woman’s wrongful death.Â
The nursing home agreed to a confidential settlement to compensate the family for their loss without them having to endure a lengthy trial while grieving for their loved one.Â
Our clients trust our compassionate nursing home abuse lawyers to bring that same combination of sensitivity and determination to their cases, and we refuse to let them down. We are honored to represent each and every client who puts their faith in us and won’t rest until we’ve exhausted every legal resource to secure the maximum compensation for them.
DO I HAVE A CASE?
If you think you may have a nursing home abuse case, contact us now for a FREE consultation
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Contact Marasco & Nesselbush today for a free review of your nursing home abuse case.
I love this law firm! My lawyer was compassionate, kind and understanding during a very difficult time. I love this law firm! My lawyer was compassionate, kind and understanding during a very difficult time.
Susan B.
How Common Is Nursing Home Abuse In Providence?​
According to the National Institutes of Health:
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- The main types of abuse in nursing homes are physical abuse (29%), resident-to-resident abuse (22%), gross neglect (14%), financial abuse (7%), and sexual abuse (7%).
- A study found that 40% of the staff in their sample reported committing at least one instance of psychological abuse over 12 months.
- Another study found that 50% of the nursing home staff admitted to mistreating older patients, 17% of certified nursing assistants (CNAs) reported pushing, shoving, or grabbing a nursing home resident, 23% of CNAs reported swearing at residents, and 51% reported yelling at residents.
- In a study of over 2000 nursing home residents, 44% said they had been abused, and 95% said that they had either themselves been neglected or seen another resident being neglected.
Different Types And Common Causes Of Elder Abuse
Abuse can take many forms.
Types of Elder Abuse
The recognized types of elder abuse include:Â
- Physical – Harm to the person’s bodyÂ
- Sexual – Molestation and forced contactÂ
- Emotional – Actions that instill fear, stress, or anguishÂ
- Neglect – Failure to provide proper careÂ
- Financial – Abuse of the person’s financesÂ
Physical abuse is the type of abuse people are most likely to notice because it often leaves visible evidence. It may include hitting, pinching, pushing, or other harsh treatment of the older adult that results in injury. Â
Sexual abuse may be more challenging to discover, as victims often feel shame. It involves any nonconsensual sexual contact.Â
Emotional abuse often results from someone trying to make the person feel bad. They may make comments or treat the person in a way that damages their mental health.Â
Neglect can often occur in nursing homes, especially if the facilities are understaffed, which can result in caregivers not correctly addressing a resident’s needs. Â
Financial abuse involves the manipulation and exploitation of the elderly resident in a situation where someone else benefits financially without the victim’s consent.
Common Causes of Elder Abuse
Elder abuse is a deeply troubling issue that can have devastating effects on vulnerable nursing home residents. Understanding the root causes and contributing factors is essential in preventing and addressing abuse in long-term care facilities. Several common factors contribute to the occurrence of elder abuse in nursing homes, including understaffing, lack of proper training, and caregiver stress.
Understaffing
One of the most significant contributors to elder abuse in nursing homes is understaffing. When facilities do not employ enough caregivers to meet the needs of their residents, the quality of care can suffer drastically. Overburdened staff members may struggle to provide adequate attention and care, leading to neglect or even abusive behavior.Â
Lack of Training
Proper training is crucial for caregivers to effectively manage the complex needs of elderly residents, especially those with conditions like dementia or mobility issues. When staff members are not adequately trained, they may inadvertently cause harm or fail to recognize signs of abuse and neglect.Â
Caregiver Stress
Caregivers in nursing homes often face high levels of stress due to the demanding nature of their work. This stress can stem from long hours, inadequate support, and the emotional toll of caring for residents with significant needs. When caregivers are overwhelmed, they may be more likely to engage in abusive behavior or neglectful practices.
Federal Legislation On Nursing Home Care
Federal lawmakers have made various moves to protect older citizens living in nursing homes. Some of the legislation applies to nursing home care, providing protections for residents to ensure their safety and freedom from abuse. Examples include:Â
- Elder Justice Act:Â This act increased the ability to prevent and stop elder abuse by providing federal funding.Â
- Older Americans Act: This act established the Administration on Aging, provided grants for social services and research benefiting the elderly, strengthened elder mistreatment prevention measures, and promoted programs for older citizens.Â
- Elder Abuse Prevention and Prosecution Act of 2017: This act established a system to gather data on senior abuse to assist with prevention measures.
What Are The Signs Of Elder Abuse In Nursing Homes?
One of the best ways to prevent or stop elder abuse in care facilities is to watch for signs of something wrong. These indicators may include the following:Â
- Lack of hygieneÂ
- Unkempt living quartersÂ
- Unexplained injuriesÂ
- Changes in behaviorÂ
- Financial troublesÂ
- Aggressive actions or words from caregiversÂ
- Untreated health problemsÂ
A challenge with determining if abuse is happening to an older person is that many signs of elder abuse can also signify age-related health problems or typical parts of the aging process.Â
For example, dementia can cause behavior changes, and certain medications lead to bruising easily. To avoid overlooking a problem, it is a good idea to investigate anything questionable, which may include talking to a healthcare professional.
How to Detect Possible Problems in a Nursing Home
Ensuring the safety and well-being of a loved one in a nursing home is a top priority for families. Detecting potential problems early can prevent abuse or neglect and help maintain a high quality of care. Here are practical tips for families to identify issues in nursing homes:
Observe Physical and Emotional Changes
Pay close attention to any physical or emotional changes in your loved one. These can be key indicators of abuse or neglect:
- Unexplained Injuries: Look for bruises, cuts, burns, or fractures that have no clear explanation.
- Weight Loss or Dehydration: Sudden or significant weight loss or signs of dehydration may indicate neglect.
- Poor Hygiene: Noticeable neglect of personal hygiene, such as soiled clothing or infrequent bathing, can be a red flag.
- Emotional Distress: Be aware of changes in mood, such as increased anxiety, depression, withdrawal, or fear, which can signal emotional abuse or neglect.
Assess the Physical Environment
The condition of the nursing home itself can provide insights into the quality of care:
- Cleanliness: Ensure that the facility is clean and well-maintained. Persistent odors, dirty common areas, or unclean personal spaces may indicate poor care standards.
- Safety Measures: Check for proper safety measures, such as handrails, adequate lighting, and secure locks, to prevent accidents and ensure residents’ safety.
- Staffing Levels: Observe whether there seem to be enough staff members on duty to care for residents adequately. Understaffing can lead to neglect and poor quality of care.
Engage with the Staff
Interaction with the nursing home staff can reveal much about the facility’s operations and care standards:
- Attitude and Behavior: Notice how staff members interact with residents. They should be respectful, patient, and responsive.
- Communication: Staff should be open and transparent about your loved one’s care. They should willingly answer questions and provide regular updates on your loved one’s condition They should willingly answer questions and provide regular updates on their condition.
- Competency: Ask about the caregivers’ training and qualifications. Well-trained staff are better equipped to handle the needs of elderly residents effectively.
Monitor Medical and Personal Care
Keep a close eye on how medical and personal care is managed:
- Medication Management: Ensure that medications are administered correctly and on schedule. Mismanagement can lead to serious health issues.
- Health Records: Regularly review your loved one’s health records for accuracy and completeness.
- Response to Needs: Evaluate how quickly and effectively staff respond to residents’ requests for assistance, such as help with mobility, eating, or using the bathroom.
Regular Visits and Unannounced Drop-ins
Frequent visits and surprise drop-ins can provide a realistic picture of daily life in the nursing home:
- Varied Times: Visit at different times of the day and on different days of the week to see how care is provided across various shifts.
- Unscheduled Visits: Drop in unannounced to observe the day-to-day environment and care when staff might not be prepared for a visit.
Communicate with Other Residents and Families
Talking to other residents and their families can give you additional perspectives on the quality of care at the nursing home:
- Resident Feedback: Engage with other residents to hear their experiences and any concerns they might have.
- Family Input: Connect with other families to share observations and insights, which can help in identifying patterns of care or issues within the facility.
Look for Signs of Social Isolation
Isolation can be both a form of neglect and a symptom of other problems:
- Social Engagement: Ensure that your loved one has opportunities for social interaction and activities. Lack of engagement can lead to emotional distress and a decline in well-being.
- Visitor Policies: Check the facility’s policies on visitors and outings. Restrictive policies might contribute to isolation or signal underlying issues.
Trust Your Instincts
If something feels wrong, it probably is. Always trust your gut feelings when assessing your loved one’s care:
- Follow-up: If you have concerns, don’t hesitate to contact the nursing home administration or seek external advice or intervention.
- Report Issues: Be proactive in reporting any suspected abuse or neglect to the appropriate authorities.
What Rights Do Nursing Home Residents Have?
A Providence nursing home abuse lawyer can help you better understand the rights of Rhode Island’s nursing home residents. State law outlines an extensive list of items that every older adult in a care facility can expect.Â
Some of these rights are general, such as consideration and respect while receiving care. Others are more specific, such as the right to choose their doctors. Many of the rights provided under the law exist to protect patients against various types of abuse. These include:Â
- Written verification of all charges Â
- Involvement in planning careÂ
- Ability to voice issues through a documented systemÂ
- Prohibition of restraint devices without a medical orderÂ
- Freedom to participate in social activitiesÂ
- Right to have visitors in privateÂ
- Protection from retaliation for issuing a complaintÂ
- Privacy of their person and recordsÂ
- Fair treatment without discriminationÂ
- Relief from excessive heatÂ
- Regular pain assessmentsÂ
- Ability to choose a nursing home
What Happens When A Resident In Providence Reports Nursing Home Abuse?
Residents or their loved ones can report elder abuse to the facility, but reports should also be filed with Rhode Island’s Adult Protective Services. Family members or anyone suspecting mistreatment of an elder must report their concerns to authorities because state law makes these individuals mandatory reporters. Â
Once authorities receive an abuse report, investigators will open a case. They will immediately begin looking into the matter, which may involve speaking to the family members and caregivers. The suspected victim will always have a private interview.Â
If the evidence corroborates the report of abuse, authorities will consider filing criminal charges against the person or persons responsible. They may also have protective services remove the victim from the situation. Â
An abuse victim and their family also have the right to speak with a nursing home abuse lawyer. An experienced personal injury attorney can offer advice about potential civil claims the victim and their family can make against the care facility and perpetrators.
What Should You Do If You See Signs Of Elder Abuse?
Because all adults in Rhode Island are mandatory reporters of elder mistreatment, you need to know what to do if you suspect the abuse or neglect of an adult age 60 or older. The following agencies will take reports of abuse:Â
- Rhode Island Office of Healthy Aging  Â
- Rhode Island State PoliceÂ
- State Attorney General’s officeÂ
If you or your loved one is a nursing home resident and is in immediate danger or needs medical care, call 911. All reporting systems allow you to make anonymous complaints, but you will need information about the victim to enable the investigation process to begin. The details you provide will assist with the inquiry into the situation.Â
A Providence nursing home abuse lawyer can also help. The team at Marasco & Nesselbush can assist you with filing a claim against the perpetrator and any others who may be complicit or allowed the abuse to occur. You have a right to collect compensation for the suffering they inflicted on you or your loved one. Call us today for a free case evaluation.
DO I HAVE A CASE?
If you think you may have a nursing home abuse case, contact us now for a FREE consultation
Call The Providence Nursing Home Abuse Lawyers At Marasco & Nesselbush For A Free Consultation!
If you suspect that your loved one is a victim of nursing home abuse or neglect, don’t wait. Contact Marasco & Nesselbush Personal Injury Lawyers today for a free consultation. Our team has the expertise and dedication to fight for justice and ensure your loved one’s safety and well-being. With a proven track record in handling nursing home abuse cases, we are here to support you every step of the way.
Marasco & Nesselbush is recognized for our exceptional representation in nursing home abuse cases. We are committed to holding negligent parties accountable and securing the compensation and justice your family deserves.
Call us at (401) 289-1583 or contact us online today to schedule your free initial consultation.Â
Don’t face this difficult situation alone—reach out to the experts at Marasco & Nesselbush today.