Serving clients in Fayetteville and all of NW Arkansas
There is a growing population in the United States who are entering into nursing home facilities as well as other long-term care facilities. These individuals are cherished members of our families and we only want the best for them. However, there is a systemic problem amongst these care facilities, by some accounts nearly one in ten residents in nursing home and other care facilities will experience some form of abuse or neglect. Any allegation of abuse or neglect should be taken very seriously, because of the devastating impact it can have not only on our loved ones but also because of the impact it can have on our families.
If you discover a problem such as elder abuse, negligent care, or other serious problems at your loved one’s nursing home, Ken Kieklak, Attorney at Law can fight to hold the responsible parties financially accountable. To discuss you nursing home concerns, calling us at (479) 316-0438 or contact us online.
What is Elder Abuse and Exploitation?
When we place our loved ones in nursing homes, residential care facilities, assisted living communities, or any long-term care facility we expect that we are putting our loved ones under the care and supervision of professionals who will take good care of our family members. However, there are startling statistics about the number of seniors living in long-term care facilities who suffer from abuse.
- Any intentional and unnecessary physical act that inflicts pain
- Any intentional act that a reasonable person would believe subjects an endangered person or an impaired person to ridicule or psychological injury
- Any intentional threat that a reasonable person would find credible and non-frivolous to inflict pain on or cause injury to an endangered person.
- Any willful infliction of injury, unreasonable confinement, intimidation, or punishment
The “Adult and Long-Term Care Facility Resident Maltreatment Act” further defines adult maltreatment as abuse, exploitation, neglect, or sexual abuse of an adult as:
- Exploitation means the illegal or unauthorized use or management of an endangered person’s or an impaired person’s funds, assets, or property.
- Use of an adult endangered person’s or an adult impaired person’s power of attorney or guardianship for the profit or advantage of one’s own self or another.
The fraudulent or otherwise illegal, unauthorized, or improper act or process of a person, including a caregiver or fiduciary, that uses the resources of an endangered person, impaired person, or long-term care facility resident for monetary or personal benefit, profit, or gain, or that results in depriving the endangered person, impaired person, or long-term care facility resident of rightful access to or use of benefits, resources, belongings, or assets;
Some of the most common types of neglect and abuse are malnutrition, falls, dehydration, pressure sores, infections, burns, and assaults. Unfortunately, elder abuse is more common than you might think. Every year it is estimated that nearly 2.1 million older Americans and those in long-term care facilities are subject to nursing home abuse.
Neglecting the Elderly
Not only do family members need to be aware of abuse, but they also should be aware of neglect. This can be just as troubling as abuse in many cases and undermines the reasons why we entrust our family members to the care and supervision of a long-term care facility. Neglect per the Adult and Long-Term Care Facility Resident Maltreatment Act means an act or omission by a caregiver responsible for the care and supervision of an endangered person. Examples of neglect include:
- Failing to provide necessary treatment
- Failing to provide rehabilitation
- Failing to provide care
- Failing to provide food
- Failing to provide clothing
- Failing to provide shelter
- Failing to provide supervision
- Failing to provide medical services
- Failing to provide health reports
- Failing to carry out a prescribed treatment plan
- Failing to provide goods or services to a long-term care facility resident
If you suspect that your loved one has been the victim or either abuse or neglect, there are several steps that you can take to prevent further abuse of both your loved one as well as protecting others. First, contact the administrator or Director of Nursing for the Home to complain and demand an explanation or remedy. At the same time, however, you should also make a complaint to the Office of Long Term Care (501-682-8698).
Suspect a Loved One is the Victim of Nursing Home Abuse? Contact an Arkansas Injury Lawyer for Help
If you believe your loved one has been abused or is at risk of abuse, contact Ken Kieklak. We are highly experienced in litigating nursing home abuse cases and will advocate for you and your loved ones to better your chances of receiving compensation. We litigate aggressively for our clients and don’t get paid until you do. To speak with a nursing home abuse attorney, call our law offices at (479) 316-0438, or contact us online.