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How Legal Action Can Protect Nursing Home Residents from Abuse

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Signs your loved one may be experiencing nursing home abuse and how legal action can protect against it. 

Santa Clara, CALegal abuse is an unfortunate reality for some people living in a nursing home. Residents often don’t have the same freedoms that other adults do, placing them at the mercy of their caregivers physically, medically, and mentally. 

What can make things worse is that it’s sometimes not easy to see if nursing home abuse is happening with your loved one. Legal action can protect nursing home residents from abuse and can also help them get the legal protection they need if they are experiencing nursing home abuse already. Here are signs your loved one may be experiencing nursing home abuse and how legal action can protect against it. 

Signs Of Nursing Home Abuse

Abuse in any form is not OK, and while it’s most common to assume physical abuse regarding someone being harmed, emotional, mental, financial, and other abuses can happen as well in nursing homes and should be taken seriously. The elderly or physically and mentally disabled people can be especially prone to various types of abuse because of their vulnerable stations and isolation from family members due to living in nursing homes. Here are some signs of abuse to watch out for. 

Change in Demeanor

If a loved one is suddenly extra-clingy when you visit or acts timid when nursing home caregivers or other residents are around, pay attention. This change in demeanor may indicate your loved one is not being treated well. 


Barring a nursing home-wide restriction on visitation, you should never be isolated from your loved one without reason. Isolation can be an effort of a nursing home to keep your loved one from revealing abuse.

Weight Loss Or Gain

Unexplained weight loss or weight gain can be a sign your loved one is either being deprived of food or being forced to eat more than they desire. Or, they may be refusing food or overeating due to a stressful living environment. 

Medical Withholding

Is your loved one being denied medical care or not being prescribed medications by the nursing home staff? This is a red flag and might be a sign of abuse. 

Scars Or Bed Sores

Does your loved one have recurring or constant bed sores, scars, bruises, burns, or other marks? Do they complain of rough treatment by caregivers? Injuries such as these may indicate abuse or neglect (another form of abuse). 

Lack Of Resources

If your loved one in a nursing home is asking for money and other resources they normally have, they may be experiencing financial abuse by their caregivers or other family members who visit them. 

How Legal Action Can Protect Nursing Home Residents From Abuse

If you suspect your loved one is being subjected to abuse or you have concerns about their care in a nursing home, it’s essential to consider hiring a nursing home abuse lawyer to investigate their situation. Here are ways a lawyer can protect your loved one. These include: 

Helping Your Loved One Establish A Case

A large portion of nursing abuse that occurs is emotional in nature, and may be hard to track unless you witness the abuse first-hand. All kinds of nursing home abuse can be difficult to detect, and even more difficult to prove. It takes the skill of an experienced lawyer who specializes in nursing home abuse to help you establish a case. They do this by tracking the suspected abuses, interviewing witnesses and employees, and building a case around the evidence they discover. 

speaking On Behalf Of Your Loved One

Dealing with nursing home abuse can be a difficult time and it may be even more difficult trying to figure out who you speak to on your loved one’s bahalf. A nursing home abuse lawyer understands your situation is a frightening and serious one and will speak out on behalf of your loved one. They can communicate with the nursing home’s head staff members and legal representatives to not only make those in control aware of what is happening, but to stand up for the rights of your loved one and others in the nursing home. 

Representing Your Loved One In Court 

Many nursing home abuse cases settle out of court since nursing homes would rather not be in a negative spotlight and court cases can get messy and expensive. Regardless of the outcome of your loved one’s case, there is a chance the case may go to court, and you want to make sure the victim of abuse has professional legal representation. 

Even if a nursing home abuse case does get settled out of court, a nursing home abuse lawyer is necessary to negotiate a proper settlement for pain and suffering and other financial compensation. Your loved one will have the opportunity to feel heard and have their case properly dealt with so fair retribution can be given. 

What To Do If You Suspect Nursing Home Abuse

If you feel your loved one is being subjected to nursing home abuse, start documenting occurrences immediately. Take photos of injuries or signs of neglect in your loved one’s room, take statements from your loved one and other witnesses, and check on your loved one often. Report suspicions to nursing staff members and head department staff members of the nursing home where the victim lives. Finally, secure a nursing home abuse lawyer for your loved one so the situation can be properly investigated. If the lawyer feels your loved one has a case, they can get one started on your loved one’s behalf. The sooner you take action, the better.


Elder Care Legal Help

If you or a loved one have suffered losses in this case, please click the link below and your complaint will be sent to an elder care lawyer who may evaluate your Elder Care claim at no cost or obligation.


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