Your Legal Options When Abuse Occurs in Memory Care Units

The reason we help transition our loved ones into a nursing home is that they are vulnerable. They’ve reached a point where they can no longer care for themselves in a way that would keep them safe.

Many nursing home residents have mobility challenges and need assistance with daily activities like getting dressed or grooming.

Nursing homes are meant to provide staff who will spend an average of several hours with every resident spread out over the course of the day. There are also some residents who need more support beyond the basics. These would be the residents who are dealing with dementia and might be living in a memory care unit.

A memory care unit provides enhanced attention from staff who have been specially trained to support residents struggling with cognitive issues. These residents are probably the most vulnerable because they aren’t always able to communicate their needs.

They also can’t say when they’re being neglected. That falls to a family member or friend to recognize the signs of abuse and take action right away. One helpful step would be to contact an experienced Cleveland nursing home abuse attorney. That attorney can help you determine if your evidence supports your claim of abuse. They can also step in to take on the role of family advocate.

Your attorney can hold the facility accountable and ensure your loved one is taken out of harm’s way. 

Recognizing Common Forms of Memory Care Negligence

As someone who has a family member dealing with dementia, you’re all too familiar with the symptoms such as ongoing confusion, changes in mood, trouble responding to their environment, impaired judgment, and faulty memory. It is heartbreaking to recognize those signs and see them gradually worsening.

You will remain your loved one’s primary caregiver. That means any changes to their treatment plan must be approved by you. It also means that you have to be on the lookout for signs of negligence that might occur in your loved one’s memory care unit.

It helps to visit at different times to get a full picture of what might be going on.

This is what you need to watch out for: 

• Untreated Health Issues: A pressure sore, also known as a bedsore, develops only when a resident remains in the same position for an extended period. Along with a urinary tract infection or an untreated respiratory illness such as a cold, the presence of a bedsore can indicate neglect. 

• Medication Errors: The nursing home is responsible for supporting a resident’s medical needs by ensuring they take their prescribed medications. You need to check your loved one’s charts to see if there have been missed doses or overdosing. You also want to see if there has been any improper administration of medications such as using chemical restraints or being overmedicated to control behavior.   

• Hygiene & Grooming Concerns: If you notice your loved one has an unkempt appearance, matted hair, soiled clothing that hasn’t been changed, strong body odor, or old bedding, it could indicate a lack of daily living assistance. 

• Unexplained Weight Loss: Has your loved one experienced a significant drop in body weight? Have you noticed trays of unconsumed food left in their room? That can be a major indicator that they are not receiving assistance with eating or swallowing. 

• Dehydration Symptoms: Look for recurring dry, cracked lips, sunken eyes, or decreased skin elasticity as signs of dehydration. 

• Wandering: If you showed up for a visit and found your loved one roaming the halls alone, that is due to poor monitoring.

In addition to watching out for these signs in your loved one, you should also pay attention to the other residents in memory care. Neglect for one resident means neglect for all. 

Immediate Steps to Take If You Suspect Resident Abuse

No one expects to show up at a nursing home for a weekly visit only to discover their loved one is being abused.

If your loved one is injured at their memory care unit, you should treat it like any other severe injury by calling 911. It’s important to seek an independent medical evaluation by taking them to a nearby Cleveland hospital such as Cleveland Clinic or University Hospitals to have a complete evaluation and document injuries.

As the situation is unfolding, the care of your loved one is a priority, but you also need to gather evidence of the abuse. Take photos or videos of any injuries, unsanitary conditions, and missing belongings.

If these are incidents you’re noticing over a period of time, you need to make a written log of the occurrences, along with staff names, dates, and times.

There are other steps you should take to protect your loved one: 

Contact Cuyahoga County Adult Protective Services (APS)

Once your loved one is under medical care, you can reach out to the Division of Senior and Adult Services (DSAS). This is the agency tasked with investigating elder abuse, neglect, and exploitation for adults 60 and over in Cleveland. Call them at (216) 420-6700 or file a report online via the Ohio APS Online Elder Abuse Referral Portal. 

Notify the Ohio Department of Health (ODH)

The Ohio Department of Health (ODH) handles licensing and regulates long-term care facilities. You can report your concerns by calling their hotline at 1-800-342-0553. Your call will open a case file that will trigger unannounced investigators to be dispatched to the facility to conduct a thorough review. 

Contact the Long-Term Care Ombudsman

Reach out to the Ohio regional ombudsman at 1-800-282-1206 for advocacy and help navigating facility complaints. 

Consult with an Attorney

When all is said and done, to immediately protect your loved one, you’ll be ready to speak with Thomas Law Offices. We’re a team of experienced Cleveland nursing home abuse lawyers who have helped many families that have encountered serious issues with a nursing home facility.

We understand how important it is to protect your loved one from further harm.

We also recognize that calling for an inspection might not be enough. If our investigation uncovers a history of neglect and violations at the nursing home, they could be held accountable through a civil lawsuit.

You and your loved one should be compensated for any direct economic losses and the pain and suffering you’ve had to endure because of the neglect.

Reach out to our office today to set up a free case review.

When it comes to protecting your loved one, no incident is too small to talk about.