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Nursing Home Neglect and Abuse Concerns During the Pandemic

May 19, 2021
In mid-November of 2020, the Associated Press published a devastating story entitled “Not Just Covid: Nursing Home Neglect Deaths Surge in Shadows.” The piece tells the story of nursing care facility patients who have, since the start of the Covid-19 pandemic, passed away not due to Covid but due to abject neglect. The first patient discussed in the piece suffered from dehydration, malnourishment, raging infection caused by poor hygiene, and choking on his own food when unattended while eating. The authors of the piece observe that “Nursing home watchdogs are being flooded with reports of residents kept in soiled diapers so long their skin peeled off, left with bedsores that cut to the bone, and allowed to wither away in starvation or thirst.” The fact that simply reading this piece is a task almost too difficult to manage suggests just how devastating life has become for so many of the nation’s nursing care residents. If you’re concerned that your loved one who resides in a nursing facility may be suffering as a result of neglect or abuse, you’re certainly not alone.

What’s Happening and Why

According to the Centers for Disease Control and Prevention, 1.3 million Americans resided in nursing facilities as of 2015. As of mid-November, more than 90,000 of the nation’s nursing care facility patients had died from the pandemic and tens of thousands more have died during this period from other causes. The Associated Press felt confident enough to print that these deaths have occurred “often because overburdened workers haven’t been able to give them the care they need.”

Many nursing care facilities now display signs near their entrances proclaiming, “Heroes Work Here!” and “Thank you, Heroes.” It is unquestionable that many of the nation’s nursing care facility operators and employees are engaged in work so profoundly heroic that our society will never be able to repay them. However, even the most dedicated nursing home staff members get tired. They get sick. They get overworked and things get missed. And it is a devastating truth that not all nursing care facility workers approach their employment with the same care, dedication, and loving commitment as the heroes do. When these workers get tired, sick, and overworked, things can get missed unintentionally and can even get missed intentionally. When quality standards slip, nursing care residents suffer. And sometimes, they suffer so brutally and in such silence that they die as a result of their conditions and lack of care.

Signs and Symptoms of Neglect

It can be particularly difficult for loved ones to know what’s going on and how to handle suspicions of neglect when nearly all nursing care facilities nationwide are locked down. As a result, if you have a loved one residing in a nursing care facility, you’ll need to know the signs, trust your gut, and speak with a lawyer if you’re concerned. If the care facility isn’t allowing you to communicate regularly with your loved one, that’s not a good sign. Nor is it a good sign if your loved one is dropping weight, suddenly behaving in a withdrawn manner, is sleeping around the clock, has unexplained marks on their body, seems to be getting sick more frequently than normal, and generally behaving in ways that set off “alarm bells” in your head. You know your loved one best. If something seems wrong, something is probably wrong.


Why It’s Important to Discuss Your Concerns with an Attorney

Too often, the loved ones of nursing care facility residents are hesitant to speak to a lawyer about their concerns for fear that they’re overreacting, that they’ll unintentionally get someone innocent in trouble, that their loved one will be offended, or that their loved one will be retaliated against as a result of these efforts. In reality, many nursing home patients are not in a position to advocate for their own interests, either due to medical limitations or due to fear of what will happen to them if they speak up. It is therefore up to their loved ones to advocate on their behalf. As a result, it is critical that you communicate your concerns to an attorney if you suspect that your loved one is suffering as a result of neglect or abuse.

“But wait!” you may be saying, “What if they have nowhere else to go? What if I’m wrong? What if they experience more neglect or abuse because I spoke up?” Personal injury lawyers who have experience in nursing home neglect and abuse cases know how to answer these questions objectively and effectively. It’s important to understand that consultations are confidential and risk-free. If, after speaking with an attorney, you feel confident that you don’t need to take any action or you simply choose not to act, know that attending a consultation doesn’t obligate you to act. Sitting down with a lawyer simply allows you to explain your situation, ask questions, and have your case evaluated by a professional for free. You have nothing to lose by exploring your options right now. However, if you fail to express your concerns, it is possible that your loved one (who may indeed be suffering due to neglect or abuse) and their fellow residents could keep suffering needlessly because no one chose to say, “I’m concerned. Will you tell me what you think?” In this situation, it is far better to be safe than sorry.

If you suspect that your loved one may be experiencing neglect and/or abuse at their nursing care facility, please connect with our experienced legal team today. It is our great privilege to represent the interests of nursing care facility patients and their families. Know that we will treat you and your loved one with the same respect, consideration, and dedication that we would provide to our own families in the event that we suspected someone was mistreating them. We look forward to speaking with you.

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