Dementia robs people of their memories, their cognition, and their emotional control. Family members place their trust in nursing homes, assisted living, and memory-care communities to provide safe and dignified care. They expect the people in these facilities to treat their loved ones with professionalism and respect. So, it is not only shocking, but it’s incomprehensible when the staff uses dementia as an excuse for neglect or abuse. 

Why does dementia justify these inexcusable actions? How do different forms of abuse manifest in care settings? What legal steps can families in West Virginia take to seek accountability and justice with an attorney? This blog will address these questions and more.

The Misconception: Dementia Means There’s No Harm Done

It’s easy for nursing home staff (or even family caregivers) to rationalize suspicious behavior or injuries as a side-effect of dementia. Too often, a bruise or blood mark is written off and referred to as “oh, that bruise? She probably bumped herself.” Likewise, an angry outburst or withdrawn behavior might be chalked up to “she can’t tell us what’s wrong.”

The reality is that any injury, unexplained fall, bruise, cut, emotional reaction, or decline in health or hygiene must be thoroughly investigated. Dementia may impact communication, but it doesn’t prevent physical injuries or psychological trauma. Dismissing an issue by blaming the disease makes it easier for caregivers to avoid responsibility and accountability.

Types of Abuse in Dementia Care Facilities

Abuse in nursing homes or assisted living facilities can take many different forms, including, but not limited to, the following:

• Physical Abuse: Staff may be punching, slapping, restraining without consent, or “horse-playing” around with a resident.
• Neglect: This includes failure to maintain a resident’s hygiene, provide food and water, administer medication, aid incontinence, or take a resident to the doctor.
• Financial Abuse: Staff may be mishandling a resident’s funds or complicit in over-billing or “padding” charges.
• Emotional or Psychological Abuse: This includes yelling, cursing, screaming at a resident, threatening a resident, isolating a resident, or dismissing their emotional needs.
• Sexual Abuse: This includes any non-consensual sexual contact (from fondling to intercourse) with a resident. Given the inability of many dementia patients to consent, these crimes are particularly malicious.

No matter the type of abuse, the result can be the same: broken bones, malnourishment, infection, depression, anxiety, fear, worsening dementia, or death. Unfortunately, these types of trauma and decline in health may not be openly reported by family members, all because they believe their loved one “can’t tell them anything.”

Dementia Is Not a Curtain of Silence

Dementia care facilities are required by federal and state law to provide care at an adequate level. This means that staff must be trained in dementia care, adequately staffed, and not withhold treatment or abuse residents based on their cognitive impairment.

Here’s what you need to know and keep in mind:

• Residents with dementia are often able to communicate pain or discomfort, even if not verbally. Sudden changes in appetite, energy to walk, mood, or sleep can be indicators of an issue that should not be ignored as “just dementia.”
• Signs of abuse: An unexplained fall, bite mark, skin lesion, weight loss, sudden fear of a staff person, or reduced socialization can all be warning signs of mistreatment.
• Records are important: Facility incident reports, medication logs, and daily care notes can all be red flags when things are not as they should be.
• Residents with dementia still have rights: Federal and state laws provide for a right to safe, dignified care for all nursing home residents, including those with dementia.
• Facilities accepting Medicare/Medicaid funds must also abide by those program rules, which include protection for residents and a right to a grievance process.

In many cases, the victims of abuse and neglect—especially dementia patients—may not be in a position to advocate for themselves. It’s up to families to stand up on behalf of their loved ones.

How an Attorney Assists Victims and Families

When families in West Virginia suspect that an elderly loved one is the victim of abuse or neglect in a long-term care facility, an experienced nursing home abuse attorney can help by:

• Investigating and gathering evidence
• Soliciting regulatory records
• Filing complaints with relevant agencies
• Pursuing civil action
• Securing fair compensation
• Exploring/reviewing non-legal remedies

Attorneys may also negotiate for the loved one to be moved from the facility or for changes to staffing or training at the facility. Additionally, they may require ongoing monitoring and additional training to prevent further harm to others.

What Families Can Do Immediately

If you suspect dementia-related abuse or neglect in a West Virginia long-term care facility, these are the steps you should take:

• Document what you can, including dates, times, witnesses, staff members, and what you saw.
• Take photos and gather records of any physical injuries, weight loss, communications with staff, or facility administration.
• File complaints with the facility, DHHR, Ombudsman, and Medicaid/Medicare, as appropriate.
• Contact a qualified lawyer and be sure to choose a West Virginia attorney with experience in elder abuse, dementia, or nursing home litigation.

Choosing the Right Nursing Home Abuse Attorney in West Virginia

Help is available, but be sure to find a law firm that will provide the support and advocacy you deserve. Consider the following:

• Experience with dementia and long-term care cases: These types of cases are often complex and involve medical as well as legal factors.
• Understanding of insurance and agency processes: Nursing homes and long-term care facilities often employ various insurance coverage and administrative processes.
• Resources: The firm should have access to medical experts, accountants, and investigators.

Taking Action Saves Lives – Contact a Skilled Nursing Home Abuse Attorney Today

Abuse and neglect in dementia care are rarely isolated events. They are symptoms of larger systemic failures. Don’t let it continue with your loved one. Speak up and speak out. It could save their life and the lives of others who cannot or will not speak for themselves.

If you suspect your parent, grandparent, or loved one with dementia is being abused or neglected, you don’t have to go through it alone. Contact a compassionate attorney in West Virginia today.