Nursing home neglect; how to identify and report abuse

Published: 18/07/2023

Nursing home abuse is unfortunately common and can be devastating for families of loved ones who are in a care or nursing facility. If you have a loved one in a care or nursing home and you fear they may be experiencing elder abuse, it is important to act quickly to protect your relative and potentially other residents. However, it can be difficult to know when elder abuse is occurring, what the signs are, and what to do if you suspect your family member is experiencing nursing home abuse.

In this guide, we will explore the most common examples of nursing home abuse, how you can identify it and what you need to do to report any suspicions. We will also guide you through the process of acquiring the assistance of a medical negligence solicitor.

What are the most common forms of abuse in nursing homes?

Nursing home abuse can take different forms, affecting each elderly resident differently. For example, they might be:

• Verbal or emotional abuse: such as coercion, insults, and threats.
• Physical abuse: this includes hitting, kicking, being unduly rough or using restraints. Physical abuse also includes being denied trips to the toilet and denial of food and water.
• Abandonment and isolation: such as being left in a room and denied access to communal and social areas or activities.
• Medical negligence: such as failing to give prescribed medication or administering it incorrectly.
• Financial abuse: such as stealing the resident's money or possessions.
• Sexual abuse: this includes inappropriate touching or groping, forcing a resident to watch sexual content, or indecent exposure.
• Discriminatory abuse: such as bullying, harassment or denial of care and support on the grounds of race, gender, sexual orientation, or disability.

How can I spot abuse in a nursing or care home?

When you visit a relative in a nursing home, you may spot various signs that they are unhappy and experiencing elder abuse or neglect. Abuse is an intentional act, whereas neglect occurs through a lack of care. It is important to know that the law is on your side in both situations.

Signs of abuse could include:

• Distress, emotional withdrawal, anger, or depression
• Bruising, scratching, or unexplained injuries (bedsores and pressure sores can also be signs of neglect)
• Fear or anxiety
• New medical symptoms which are side effects of not taking medication
• A lack of communication and engagement from the nursing home managers
• Obvious signs of unprofessionalism in nursing home staff members, such as inappropriate language.
• Missing possessions, possibly stolen by a staff member
• New medical conditions which are otherwise difficult to explain, such as an STI in a patient that is unable to give consent

To find out more about negligence and neglect, view our Medical and Clinical Negligence pages to discover how a medical negligence solicitor can help you.

What is the difference between medical negligence and abuse in a care home?

Medical negligence is a form of abuse; however, it isn't always down to mistreatment and can occur through negligence. Negligence can be accidental. Abuse, on the other hand, is always deliberate. It is important to know, however, that both medical negligence and abuse are protected by the law and can be appropriate grounds for a claim against the liable party.

How do I report nursing home abuse?

If you believe your family member is experiencing care or nursing home abuse, it is important to act fast. If you believe they are in immediate danger, call 999. If you feel that they are potentially experiencing abuse, but are not in immediate danger, then contact the local council or authority for rapid guidance.

Your first instinct should be to report the suspected abuse directly to the care home. If this fails, try contacting your local authority. Doing so may trigger a Care Quality Commission (CQC) inspection of the care facility for safeguarding.

If you require assistance reporting abuse, get in contact with our professional team today.

When to take legal action against nursing home abuse

If you suspect that your loved one is being abused, and you have already reached out to your local council or authority, it is time to seek legal advice from suitably qualified lawyers who specialise in the field of care home abuse and medical negligence. This advice should always be sought before taking legal action, to ensure all necessary processes are followed and to maximise your chances of making a successful claim.

From the very first moment that you suspect abuse of older people, gather all evidence that you can whilst seeking help. This evidence could be in the form of witness statements, photographs, contracts with the care home, doctor's reports, email chains and detailed diary entries providing dates, times and incidents that involved the affected nursing home resident.

How Wake Smith can help

Wake Smith are experts in the field of medical negligence and abuse of nursing and care home residents. Our team of friendly and helpful professionals will provide the legal advice that you need and advise on the next steps to pursue a claim. Please contact us today on 0114 266 6660 or complete the web contact form for a call-back.

Common Queries

How long do I have to make a claim?

Generally speaking, care home negligence claims must be made within three years of the incident occurring, although there are some variations in statute depending on the nature of the legal claim. The important thing is to progress your claim as soon as possible, whilst you have the best chance of being successful. Wake Smith can provide immediate advice and guide you on the next steps to ensure you move ahead without delay.

How much compensation could I get?

Compensation amounts vary, but some cases have been awarded vast amounts. For example, Wake Smith successfully secured a client a £4.9m compensation award following the patient's fall from a hospital window.

Can I move my relative to another care home if they are being abused?

Yes. In a private home, you can initiate this process quickly, and in an NHS home, you should contact other people and organisations, such as your council or local authority immediately to discuss the situation. Wake Smith can also advise on the right steps and process to take to safeguard your loved one and to maximise your chance of protecting them - and other residents - with a successful nursing home abuse claim.

Do not feel powerless in the face of care home abuse. Protect your loved one today and get the specialist legal help and advice that you need from our supportive and friendly team. Contact Wake Smith today to find out more.

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