Nursing Home Abuse FAQs
- Updated date:
- April 4, 2024
What is nursing home abuse?​
Nursing home abuse occurs when elderly patients are harmed by their caregivers. Elder abuse can occur intentionally or unintentionally. For example, caregivers generally do not intend to neglect patients but may fail to provide the standard of care the patients need because a nursing home is understaffed. There are several different types of nursing home abuse.
What are the signs of nursing home abuse?​
If your loved one is a nursing home resident, you should visit regularly to ensure they are being treated well and look for signs of abuse. Look out for these key signs of elder abuse and neglect:
- Dehydration or malnutrition
- Untreated injuries or illnesses
- Conditions that were previously managed well suddenly getting out of control
- Frequent injuries, including head injuries or injuries without an explanation
- Bed sores
- Withdrawal
- Agitation
- Poor hygiene
- Dirty or torn clothing
- Untidy or dirty rooms
- Listlessness, depression, or fatigue
- Increased wandering or elopement from the nursing home
- Refusal to receive care from specific caregivers
- Sudden changes in their financial affairs
- Sudden changes in mood or behavior
What are the different types of nursing home abuse?
Nursing home abuse occurs when elderly patients are harmed by their caregivers. Elder abuse can occur intentionally or unintentionally. For example, caregivers generally do not intend to neglect patients but may fail to provide the standard of care the patients need because a nursing home is understaffed. There are several different types of nursing home abuse.
- Neglect
- Physical Abuse
- Emotional Abuse
- Sexual Abuse
- Financial Abuse
What causes nursing home abuse?
Nursing home and assisted living neglect and abuse occur for several reasons. Some of the risk factors to be aware of if you have a loved one in a nursing home include the following:
- Understanding
- Poor supervision
- Inadequate staff experience or training
- Poor hiring practices
- Underpaid staff
What are Rhode Island's laws and regulations for nursing homes?
Rhode Island has licensing requirements for nursing homes, including minimum staffing standards and several other requirements. The following are some key provisions:
- Residents must receive at least 3.81 direct hours of care per resident per day.
- Residents must receive at least 68 percent of their direct nursing care from a nursing assistant.
- Rhode Island nursing homes must have safe patient-handling programs and committees to ensure the safety of all their patients and caregivers.
- Nursing homes licensed by the state must receive regular inspections, including inspections conducted without notice.
- Caregivers must report elder abuse in nursing homes within 24 hours of receiving any information indicating abuse or neglect.
Failure to adhere to these regulations can cause the nursing home to lose its license and ability to care for patients.
What Is the Statute of Limitations for Nursing Home Abuse Lawsuits in Rhode Island?
The statute of limitations provides a deadline by which a legal claim must be filed. In Rhode Island, victims of nursing home abuse need to file a claim within three years.Â
What Legal Rights Do Rhode Island Nursing Home Residents Have?
Nursing home residents have the right to the following:
- Be free of abuse and neglect
- Receive respect and needed care
- Participate in programs
- Avoid discrimination
- Avoid restraints for discipline purposes
- Get needed medical care
- Have family members or other representatives notified about problems and health challenges
- Report any problems with the nursing home or file a complaint if needed
Carefully choosing a nursing home can help protect your loved one’s rights.
How Much Does it Cost to Hire a Nursing Home Abuse Lawyer in Rhode Island?
At Marasco & Nesselbush, we take nursing home abuse cases on a contingent fee basis. That means you do not have to pay fees upfront. Instead, if we successfully resolve your claim, we receive a percentage of the compensation you receive.
How Long Does a Nursing Home Abuse Case Take to Settle?
Nursing home abuse cases often take months or more to reach a settlement agreement. You can expect:
- An investigation period, during which your lawyer and the nursing home’s insurance company investigate the allegations of abuse
- A negotiation period with the insurance company to work towards an agreement on the compensation you deserve
- A lawsuit when you cannot reach an agreement through negotiation
The Rhode Island nursing home abuse lawyers at Marasco & Nesselbush can provide you with more information about the complexity of your claim and how long it may take to pursue compensation.
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