Nursing homes play an essential role for elderly and sick individuals. They should be places of safety and refuge. Sadly, physical abuse within nursing homes is not unheard of. When a vulnerable resident suffers harm due to physical abuse, the resident or the resident’s loved ones may be able to take legal action to protect their rights and seek justice. In this blog, we will explore the issue of physical abuse in nursing homes and explain how a lawyer can help a nursing home abuse victim seek justice and compensation.

Physical Abuse in a Nursing Home

There is no doubt that nursing home staff have a challenging job. Caring for individuals who suffer from severe physical health conditions or cognitive impairment can be exhausting. However, nursing home staff are legally and ethically obligated to treat nursing home residents with respect and compassion.

Unfortunately, not every nursing home employee upholds this crucial duty. Nursing home abuse can take many different forms, including:

When an individual suffers age-related cognitive decline or significant illness, he or she may require round-the-clock care in a nursing home. Living in a nursing home inevitably leads to a loss of independence. For example, an elderly person who has lost his eyesight may no longer have a valid driver’s license or be able to drive. An individual with advanced Alzheimer's disease may not be permitted to walk around the grounds of the nursing home facility alone because she could get lost.

However, nursing home residents still have important rights that are protected by state and federal law. In this blog, we will discuss some of the most important rights afforded to nursing home residents and what you can do if you believe that your loved one’s rights have been violated.

Rights Protected by the U.S. Constitution

Nursing home residents have all of the rights afforded to U.S. citizens. This includes the right to practice their chosen religion, the right to free speech, and the right to be free from discrimination. Nursing home facilities must provide equal access to care regardless of a nursing home resident’s medical condition, race, income level, or gender.

Nursing home negligence is a serious and growing problem in the United States. Not only is this form of negligence shockingly cruel and despicable, such negligence can easily lead to life-threatening injuries and sometimes even death. Several factors contribute to nursing home negligence, which is essential to understand why this form of negligence is so prevalent. If your loved one has suffered from instances of neglect, contact a nursing home negligence attorney to ensure those responsible can be held accountable for their actions. 

Factors that Contribute to Nursing Home Negligence

One of the primary causes of nursing home negligence is understaffing. Many nursing homes are understaffed, meaning caregivers may be forced to work long hours and care for many residents. This can lead to burnout and fatigue, which can, in turn, result in mistakes, neglect, or abuse. In addition, understaffing can make it difficult for caregivers to provide individualized care to each resident, leading to a decline in the quality of care.

Another factor that contributes to nursing home negligence is poor training. Caregivers in nursing homes may not receive the proper training or education on how to care for residents with complex medical needs, such as dementia or Alzheimer's. This can result in mistakes or neglect that can seriously harm residents. In addition, caregivers may not receive training on identifying and reporting abuse or neglect, which can result in unreported cases.

Chicago is called the Windy City, but it is also known for having surprisingly warm summer weather. As summer approaches, nursing homes must be vigilant for signs of heat-related illnesses and other summertime dangers. Elderly people are more sensitive to higher temperatures and can suffer heat related-illness much more easily than a younger person would.

Many nursing home residents also have medical conditions or take medications that can make it harder for their bodies to cope with higher temperatures. It is imperative that nursing home staff be aware of the dangers associated with rising temperatures, the signs of heat-related conditions such as heat stroke, and take precautions to prevent wandering and elopement.

Heat-Related Health Concerns for Sick and Elderly Nursing Home Residents

The National Institutes of Health explains that certain factors make it more likely for an older person to suffer a heat-related illness. Many elderly people suffer from high blood pressure, poor circulation, and general weakness. Many take medications such as diuretics that can increase the chances of dehydration and heat exhaustion. For these reasons, a summertime temperature that may be merely uncomfortable for a healthy person could be extremely dangerous for an elderly or sick person.

One of the primary responsibilities of any nursing home is to supervise nursing home residents and ensure their safety. Most nursing home residents have one, if not more, significant medical concerns. They may suffer from cognitive decline that makes them at risk for wandering or elopement from the facility, physical conditions that require round-the-clock care, or medical issues that increase the chances of falling or other accidents.

Unfortunately, understaffing is a frequent problem in nursing homes, and when there are not enough staff to provide adequate supervision, catastrophic injuries can occur. Residents may wander off the premises of the facility and sustain serious bodily harm or even death. They may fall without anyone noticing until it is too late, leading to a traumatic brain injury. Without appropriate observation, residents may suffer from malnutrition or dehydration. In extreme cases, unsupervised residents may even suffer physical and sexual abuse at the hands of staff or other residents.

Lack of Staff and Undertraining Increase the Risk of Catastrophic Injury and Death

Nursing homes are desperate for qualified staff. Research shows that nursing homes lost more than 14 percent of the workforce between February 2020 and July 2022, and this problem has not been rectified. Many nursing homes are making do with what they have, but fewer staff ultimately means fewer eyes and ears on vulnerable residents.