NURSING HOME ELDER ABUSE & NEGLECT CLAIM SOLICITORS

Pressure Ulcers Fractures Dehydration Malnutrition

Residential, retirement and nursing home mistreatment includes acts of abuse or omissions (neglect), resulting in harm or threatened harm to the health or welfare of a person. Elder abuse and neglect may be intentional or unintentional, and can include physical, sexual, and emotional/psychological abuse, neglect, self-neglect, and abandonment, as well as financial or material exploitation, discrimination, medical errors, falls and other injuries.

User Rights Principles made under the Aged Care Act 1997 state that each resident of a residential care service has the right :-

• to full and effective use of their personal, civil, legal and consumer rights
• to quality care appropriate to his or her needs
• to be treated with dignity and respect, and to live without exploitation, abuse or neglect
• to live without discrimination or victimisation
• to live in a safe, secure and homelike environment

Unfortunately, these principles are often not adhered to, and residents of residential, retirement and nursing homes are subjected to horrendous abuse, mistreatment and neglect with lasting physical and psychological damage. Breaches of these principles should be reported to the relevant government authorities. Residents can also pursue civil rights by making compensation claims for damages.

This is where we can help. Our specialist solicitors practice in the areas of elder abuse, negligence and personal injury compensation. If your loved one has suffered from neglect or abuse whilst in a residential, retirement or nursing hom, and you wish to find out what their legal rights are with regard to compensation, then contact us today for an obligation-free referral to a solicitor.

SOLICITORS FREE HELPLINE 1800 339 353

Common Injuries

Injuries commonly seen in nursing homes include :-

• bone fractures, brain trauma, haemorrhage (often the result of a fall)
• injuries related to physical assault (bruises, lacerations, wounds, fractures, brain damage)
• skin breakdown, pressure sores, ulcers
• infection
• pneumonia
• pulmonary embolism
• rapid weight loss
• malnutrition
• dehydration
• blood clots in legs
• depression
• anxiety

Many of these injuries are preventable, and are often the result of inadequate supervision or attention from staff for residents who need assistance with feeding, personal care and mobility. Some injuries are the direct result of physical, sexual or emotional abuse inflicted by other residents or even staff. Injuries may also be suffered due to medication errors, diagnostic errors and inadequate medical treatment.

SOLICITORS FREE HELPLINE 1800 339 353

Medical Neglect

Nursing home residents are entitled to the same level of health care as any other Australian citizen. However, recent reports allege that some nursing homes are failing to provide appropriate medical treatment and nursing care.

Common examples of medical errors and negligence occurring in nursing homes include :-

• failure to diagnose a medical condition
• misdiagnosis or incorrect diagnosis
• failure to provide adequate treatment (or no treatment at all) for a medical condition eg bed sores
• medication errors, some of which have resulted in death
• over-sedation
• inadequate pain management
• over-filling of stomach whilst using a feeding tube
• failure to devise an adequate care plan
• staff keeping inadequate records
• staff failing to wash hands between patients (resulting in spread of infection)
• provision of inadequate nutrition and hydration

Medical professionals and nursing staff who attend to nursing home residents have a duty of care to ensure that a proper standard of treatment is provided. Medical incompetence resulting in a breach of duty of care may entitle the patient to claim compensation for negligence.

SOLICITORS FREE HELPLINE 1800 339 353

Bed Sores

A bed sore (or pressure ulcer) is damage that occurs on the skin and underlying tissue. Pressure ulcers are caused by: pressure – the weight of the body pressing down on the skin; shear – the layers of the skin are forced to slide over one another or over deeper tissues, for example when you slide down, or are pulled up a bed or chair; and friction – rubbing the skin.

Pressure sores usually develop on areas where there is bony prominence, such as the buttocks, back of the head, heel, hip, elbow, ankle, shoulder, back. Signs of a pressure sore include discoloured skin (red, blue or purple patches), blisters, swelling, open wound, patches of hard skin, areas of hot skin, and areas of cool skin.

People most at risk of developing pressure sores are those who have limited mobility, they have problems changing positions without assistance, cannot feel pain in parts of their body, have spinal cord injuries such as paraplegia or quadriplegia, people who are ill and bedridden.

Nursing home staff must assess your risk of developing bed sores. Whilst prevention is best, prompt treatment of bed sores is necessary to prevent serious complications from developing. Severe pressure sores can result in infection, destruction of underlying muscle or bone structure, blood poisoning and even death. It is therefore important that staff take care in preventing and treating pressure sores in a timely manner.

SOLICITORS FREE HELPLINE 1800 339 353

Physical Abuse

Residents of nursing homes are amongst our most vulnerable, and deserve the best of care. Unfortunately, evidence suggests that the standard of nursing homes in Australia is in decline. According to a recent report, in 2008-09 the Department of Health and Ageing received notification of 1,411 alleged reportable assaults. Of those, 1,121 were recorded as alleged unreasonable use of force, and 272 as alleged unlawful sexual contact and 18 as both. Physical assaults have increased by more than 50 per cent and sexual assaults by 36 per cent, in the last 12 months, The Federal Health Minister Nicola Roxon stated “"I think this is a horrifying report,” (Source: SMH, 28.10.2010).

Given these alarming statistics, it is not surprising that Australians are seeking legal advice regarding abuse and neglect suffered by their loved ones in nursing homes. In many cases, the physical and psychological injuries suffered by the victim may result in awards of compensation for pain and suffering and related expenses.

SOLICITORS FREE HELPLINE 1800 339 353

Fall Prevention

Senior citizens are particularly vulnerable to falls due to changes associated with ageing such as degrading musculoskeletal system, gait changes, sensory changes, general weakness, medication side-effects such as dizziness, osteoporosis, dementia, arthritis. Mobility and risk of a fall should be assessed at the time that a care plan is drawn, and reviewed as necessary.

Sometimes a fall can be the result of negligence. Examples of when this might occur include :-

• slippery or wet floors
• inadequate lighting
• hazardous or unsafe premises
• lack of bed rails and improper bed height
• failure to properly train staff in lifting and handling techniques
• difficulties in moving patients due to understaffing
• failure of staff to adequately monitor and supervise residents
• poor nutrition and dehydration resulting in physical weakness
• call buttons not working, or calls not being responded to at all due to inadequate staffing

There are usually a number of physical and psychological effects that occur as a result of a fall, such as bone fractures (particularly hip fractures which can be excruciatingly painful, requiring surgery), bruising and swelling, decreased physical functioning, increased fear of falling, decreased confidence, depression and anxiety, and an increased sense of helplessness.

SOLICITORS FREE HELPLINE 1800 339 353

Nursing Home Neglect Solicitors

Compensation may be available to persons who have suffered a personal injury (physical and/or emotional) that is the result of negligence in a nursing home. Not all acts of negligence will result in an award of compensation. The law varies State by State, however generally speaking, the severity of the breach and the nature, extent and severity of the injury are important factors in determining whether a person reaches various statutory thresholds entitling them to compensation.

If you are unsure as to whether you or your loved one can claim compensation, it is best to seek legal advice from an experienced solicitor who specialises in personal injury compensation and elder law. Strict time limits apply in making a compensation claim, therefore do not delay in seeking legal advice.