The Rights of Nursing Home Residents with Dementia

When a loved one with dementia enters a nursing home, families place a great deal of trust in the facility and its staff. Unfortunately, residents with dementia are particularly vulnerable to abuse, neglect, and mistreatment. The nursing home abuse attorneys at Garcia & Artigliere have seen firsthand the devastating impact that negligence and misconduct can have on these individuals. Families need to understand the rights of nursing home residents with dementia, how to recognize signs of abuse, and the legal options available if their loved one is mistreated.

Understanding dementia in nursing homes

Dementia, including Alzheimer’s disease, affects memory, cognition, and behavior. As the disease progresses, many individuals need continuous supervision and care, often losing their ability to advocate for themselves.

The federal Nursing Home Reform Act (NHRA) was enacted to safeguard the rights of nursing home residents. It includes protections for those with dementia, ensuring that they receive proper care and are treated with dignity and respect. However, nursing homes do not always follow these regulations, and residents’ rights can be violated.

Protections for nursing home residents with dementia

The rights of nursing home residents with dementia are governed by federal law, including the NHRA, as well as state laws that may offer additional protections. Nursing home residents, including those with dementia, are entitled to specific rights, such as:

The right to dignity and respect

Every nursing home resident, regardless of cognitive abilities, has the right to be treated with dignity and respect. This means that residents must not be subjected to abusive or neglectful treatment, such as verbal or physical abuse, or being ignored or belittled by staff.

The right to be free from abuse and neglect

Federal law specifically prohibits nursing home residents from being abused or neglected. Abuse can take many forms, including physical, emotional, sexual, and financial abuse. Neglect, on the other hand, occurs when a nursing home fails to provide necessary care, leading to harm. For individuals with dementia, neglect may include failing to assist with personal hygiene, inadequate supervision, or not providing necessary medical care.

The right to participate in care decisions

Individuals with dementia have the right to be involved in decisions regarding their care as long as they are capable of making those decisions. For those who are not, a designated family member or legal guardian typically makes decisions on their behalf. Nursing homes must respect those decisions and ensure that residents receive appropriate care that aligns with their wishes.

The right to receive proper medical care

Nursing homes are required to provide residents with dementia with appropriate medical care. This includes access to medications, treatment for co-occurring conditions, and specialized care for dementia-related symptoms. Failing to provide adequate medical care can constitute neglect, and nursing homes may be held legally accountable for any harm that results.

The right to a safe and clean environment

Nursing homes are required to provide a safe and clean living environment for their residents. For individuals with dementia, a safe environment is critical. This includes proper supervision to prevent wandering, a common issue among dementia patients. A lack of supervision or proper security measures can result in serious harm, such as injuries from falls or getting lost outside the facility.

The right to be free from restraints

Nursing home residents with dementia have the right to be free from both physical and chemical restraints unless absolutely necessary to prevent immediate harm. Sadly, some nursing homes resort to restraints to control residents who may exhibit challenging behaviors related to their dementia. This is a violation of their rights and can cause physical and emotional harm.

The right to social and emotional well-being

Nursing homes must provide for the social and emotional well-being of residents, including those with dementia. Residents are entitled to participate in activities that promote mental stimulation, social interaction, and emotional support. Nursing homes must not isolate or ignore dementia patients, as this can exacerbate their condition and lead to further cognitive decline.

Recognizing signs of abuse and neglect

Unfortunately, due to their cognitive impairments, nursing home residents with dementia may not always be able to communicate that they are being mistreated. This makes it essential for family members to be vigilant and recognize the signs of abuse or neglect. Some warning signs to watch for include:

• Unexplained injuries: Bruises, cuts, or broken bones may indicate physical abuse or neglect.
• Sudden changes in behavior: If your loved one becomes withdrawn, fearful, or agitated, this could be a sign of emotional or physical abuse.
• Poor personal hygiene: Neglect may manifest in unclean clothes, unwashed hair, or bad odors, suggesting that staff are not assisting the resident with personal care.
• Weight loss or malnutrition: If your loved one is not being provided with adequate food or assistance with eating, it can result in weight loss or malnutrition.
• Bedsores or infections: These are signs of neglect, particularly if the nursing home staff is failing to reposition the resident or provide proper medical care.
• Overmedication or sedation: Nursing homes may use chemical restraints, such as sedatives or antipsychotic drugs, to control the behavior of residents with dementia. This is illegal unless medically necessary and properly prescribed.

How our nursing home abuse attorneys can help

If you suspect that your loved one with dementia is being abused or neglected in their nursing home, it’s time to take immediate action. The nursing home abuse attorneys at Garcia & Artigliere work with families to hold negligent facilities accountable and seek justice for their loved ones. Here’s how we can assist you:

• Investigating the situation: The first step in addressing potential nursing home abuse or neglect is conducting a thorough investigation. We will gather evidence, including medical records, witness statements, and any documentation related to your loved one’s care. This helps establish whether the nursing home has violated your loved one’s rights.
• Filing a complaint with state agencies: Nursing homes are regulated by state agencies that oversee their operations and investigate complaints. We can help you file a formal complaint with the relevant agency, which will trigger an investigation into the facility’s practices. If violations are found, the nursing home may face penalties, fines, or even the revocation of its license.
• Pursuing legal action: If your loved one has been harmed as a result of abuse or neglect, we can file a civil lawsuit against the nursing home for damages. In these cases, we will work to prove that the nursing home failed to meet the standard of care required by law and that this failure directly resulted in your loved one’s injuries. Compensation may be awarded for your loved one’s medical expenses, pain and suffering, emotional distress, and other damages.
• Ensuring accountability: In addition to seeking compensation for your loved one’s injuries, legal action can also hold the nursing home accountable and help prevent further harm to other residents. By pursuing justice, we can shine a light on the facility’s misconduct and ensure that it faces the appropriate consequences for its actions.

Preventing nursing home abuse

While legal action can provide justice for past abuse, prevention is equally important. Families can take steps to reduce the risk of abuse or neglect by:

• Choosing the right facility: Research nursing homes thoroughly before selecting one for your loved one. Look at state inspection reports, visit the facility, and speak with staff and residents to gauge the quality of care.
• Visiting frequently: Regular visits to the nursing home can help ensure that your loved one is receiving proper care. Unannounced visits are particularly effective in detecting any issues.
• Advocating for your loved one: Make sure you are involved in your loved one’s care plan and communicate regularly with nursing home staff. Don’t hesitate to raise concerns if something doesn’t seem right.

If you suspect that your loved one with dementia is being abused or neglected in a nursing home, don’t wait—reach out to the experienced nursing home abuse attorneys at Garcia & Artigliere today. Your loved one’s safety and well-being are at stake, and legal action can help ensure they receive the proper care and protection they deserve. Contact us for a free consultation, and let us fight to hold the nursing home accountable and secure justice for your family. Call our nursing home lawyers or fill out our contact form to schedule a free consultation today. As a national firm, our offices are in Los Angeles, Phoenix, Long Beach, Louisville, and New Orleans.