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Nursing homes offer the support that many elderly people need when their families can’t provide it. In 2020, there were as many as 1.3 million nursing home residents spread across 15,300 facilities in the country. While family members hope their loved ones are treated with care and compassion in these facilities, that’s not always the case.  

Nursing home abuse is a serious concern that can impact an older adult’s physical and mental well-being. As a family member, there are legal steps you can take to help a loved one who is suffering, but it can be challenging to prove nursing home abuse and neglect. Learn more about the signs of abuse and the steps you can take.  

Recognizing Nursing Home Abuse and Neglect 

There are different types of nursing home abuse and neglect. Physical abuse is the most obvious and can involve signs like broken bones, bruising, and even burns. Abuse that is more difficult to spot, however, is the neglect of a resident’s basic needs, including not addressing personal hygiene requirements and even isolating residents.  

This type of neglect can have signs like seeing a loved one wearing dirty clothes or noticing that they’re more withdrawn than usual. Other indicators of abuse and neglect to watch for include: 

• Unexplained sexually transmitted diseases 
• Need for unexpected medical care 
• Restraint marks 
• Sudden mood swings 
• Not wanting to be alone with a caregiver 
• Repetitive behaviors, like rocking 
• Missing valuables 

All of these signs may help you recognize that abuse or neglect is taking place. However, you will need to gather official evidence to prove it legally.  

How to Prove Nursing Home Abuse and Neglect in New York 

If you suspect nursing home abuse and neglect, there are some crucial pieces of evidence to look for.  

Note All Signs of Potential Abuse or Neglect 

Once you know what signs to watch for, you can start taking note of everything you see. Every time you visit, watch the caregivers and how they interact with your loved one and others in the facility. Are residents afraid of any staff member? Do caregivers address those in their care with respect and compassion?  

Write down or otherwise record all you see so that you can use this information later on. Make sure to date everything to have an accurate record.  

Ask for Medical Records 

One of the first things that you should do is to obtain your loved one’s medical records. Look through all of the treatments they’ve received to spot inconsistencies. Did they receive care for injuries you weren’t aware of, like malnutrition or bed sores? Substandard care and active abuse can all show up in this information.  

Take Photographs 

If you start noticing injuries, the best thing to do is photograph them. Leave a record of every bruise or cut, no matter how minor it may be. Abuse can often escalate, so having evidence of issues from early on can demonstrate a progression.  

Witness Statements 

It’s likely that someone else has noticed the abuse or neglect. Ask other employees at the nursing home and other residents as well. If someone does want to provide a statement, it can help to record it on your phone. Make sure to get their full contact information so that your lawyer can follow up on the statement later.  

Check License and Inspection Records 

Look for prior inspections of the facility by the state. That can give you a good idea of whether the nursing home has received any citations. Some nursing homes may even advertise their services without having the appropriate licenses, so you should always check up on all of this. To do so, you will likely need help from an attorney.  

Get a Lawyer 

Proving nursing home neglect or abuse is difficult. Even if you think you have clear evidence, you need a lawyer to represent you. Nursing home abuse lawyers can guide you throughout the entire claims process so that you can focus on helping your loved one.  

Trust Experienced Nursing Home Neglect and Abuse Attorneys 

If you suspect your loved one is being mistreated at their nursing home, it’s crucial to act as quickly as possible. At Silberstein, Awad & Miklos, P.C., we offer experienced representation that has helped clients recover over a billion dollars in settlements and jury awards.  

We will fight for fair compensation for you and your loved one. Contact our team to schedule a free consultation with one of our lawyers.