Nursing Home Abuse: Recognizing the Signs and Taking Legal Action

Families trust nursing homes to care for their loved ones with compassion and professionalism. When that trust is broken, the consequences can be devastating. Nursing home abuse is not only a breach of that trust—it is also a violation of the law. If you suspect a relative is being mistreated in a long-term care facility, knowing the warning signs and understanding your legal options can help you take immediate and effective action.

Nursing home abuse takes many forms. In Michigan, cases often involve physical harm, neglect, emotional trauma, or even financial exploitation. Some victims are unable to speak up for themselves due to cognitive impairments, health conditions, or fear of retaliation. This is why it is so important for family members and caregivers to remain vigilant and informed.

Understanding the Types of Nursing Home Abuse

Abuse in a nursing home doesn’t always look the same. In fact, some of the most harmful forms can be difficult to detect at first. Common types of abuse in Michigan facilities include:

• Physical abuse: This includes hitting, shoving, restraining, or using excessive force. Unexplained bruises, fractures, or burns may be signs.
• Emotional abuse: Verbal threats, humiliation, intimidation, or isolation can lead to anxiety, depression, or withdrawn behavior.
• Neglect: Failing to provide necessary care, including food, water, hygiene, and medical attention. Bedsores, dehydration, and infections may result.
• Sexual abuse: Any non-consensual sexual contact with a resident. Warning signs include bruising, bleeding, or sudden emotional distress.
• Financial exploitation: Unauthorized use of a resident’s money, credit cards, or personal property. Watch for missing items, sudden account changes, or unpaid bills.

Abuse can involve a single incident or ongoing mistreatment. Regardless of the form it takes, it’s essential to take it seriously and respond quickly.

Identifying Warning Signs of Abuse or Neglect

Some red flags are physical and obvious, but others may be subtle or emotional in nature. Here are some common indicators that should raise concern:

• Frequent or unexplained injuries
• Changes in behavior such as agitation or withdrawal
• Poor personal hygiene or unsanitary living conditions
• Sudden weight loss or signs of malnutrition
• Untreated medical issues or missed medications
• Fear or discomfort around certain staff members
• Confusion about finances or unexplained withdrawals
• Limited access to the resident by family or friends

If something seems off, trust your instincts. It’s better to ask questions and investigate than to ignore potential abuse.

What to Do if You Suspect Abuse in a Michigan Facility

When you suspect abuse or neglect, timing matters. The first step is to make sure your loved one is safe. If you believe they are in immediate danger, call 911 or remove them from the facility if possible.

Next, document your concerns. Keep detailed records of injuries, changes in behavior, or anything that appears unusual. Take photos if there are visible signs of harm. Also, write down the names of any staff members involved, the dates of incidents, and anything your loved one may have shared with you.

You can file a complaint with the Michigan Department of Licensing and Regulatory Affairs (LARA), which oversees nursing home facilities. LARA will investigate the facility for violations of state regulations and may take disciplinary action if appropriate. You can also report the issue to Adult Protective Services (APS), which handles abuse of vulnerable adults.

While these agencies may step in, filing a civil lawsuit can be the most direct way to hold a facility accountable and recover compensation for your loved one’s suffering.

Understanding the Legal Process for Abuse Claims

Michigan law allows victims and their families to take legal action against nursing homes that fail to provide proper care. This includes abuse committed by employees, neglect caused by understaffing, and failure to monitor or supervise residents adequately.

To bring a successful personal injury claim, you’ll need to prove:

• The facility owed your loved one a duty of care
• That duty was breached through abuse, neglect, or negligent hiring practices
• The breach directly caused harm or injury
• Damages resulted from the abuse, including medical bills, pain and suffering, or loss of dignity

Families can also pursue claims under Michigan’s Wrongful Death Act if a resident dies as a result of abuse or neglect.

These cases often rely on witness statements, medical records, facility inspection reports, and expert testimony. Because evidence can disappear or become harder to obtain over time, it’s important to act quickly and seek legal guidance as soon as possible.

Compensation Available in Nursing Home Abuse Cases

If your loved one has suffered harm due to nursing home abuse, a lawsuit can help recover financial compensation. This may include:

• Costs for medical treatment, hospitalization, or rehabilitation
• Expenses related to moving the resident to a safer facility
• Emotional distress and pain and suffering
• Loss of quality of life
• In cases involving a death, funeral and burial costs

In some cases, punitive damages may be awarded to punish the facility for particularly egregious conduct and deter similar behavior in the future.

Choosing the Right Attorney for a Nursing Home Abuse Case

Not all personal injury attorneys have experience handling nursing home abuse claims. These cases often involve state and federal regulations, Medicare billing records, and internal facility policies. It’s important to work with a lawyer who understands how to navigate these complexities and can advocate for your loved one effectively.

When consulting with a lawyer, ask about their experience with elder abuse cases in Michigan, their process for gathering evidence, and what to expect in terms of timelines and outcomes.

Reach Out to Smith & Johnson

No one should have to endure abuse, especially in a facility that is meant to provide safety and care. If your loved one has been mistreated in a Michigan nursing home, taking legal action can help protect them and may prevent others from facing the same harm.

Stay alert to the warning signs, ask questions, and trust your instincts when something doesn’t seem right. At Smith & Johnson, our team is committed to standing with families and holding negligent facilities accountable. When families, communities, and dedicated legal advocates work together, justice becomes not only possible but achievable.