Des Moines Nursing Home Abuse Attorneys

Experienced Legal Guidance & Trusted Advocacy

With age comes physical, emotional, and financial vulnerability. A decline in cognitive and physical ability makes seniors targets for abuse. There are laws against elder abuse — and if your loved one suffers nursing home abuse in Iowa, we can help.

With offices in downtown West Des Moines, the attorneys at Hope Law Firm offer compassionate, responsive legal support when personal injury occurs in a residential or nursing home setting, or if you suspect elder abuse. Contact us today to begin building your case.

Contact our nursing home abuse attorneys in Des Moines to discuss your case during a free consultation.

Recognizing Elder Abuse

Elder abuse is sometimes called a silent crime because its victims are fearful — or unable — to make their injuries known. According to the Iowa Elder Abuse Initiative, approximately one in nine seniors in the United States reported being abused, exploited, or neglected in 2010. Elder abuse can trigger serious illness, cause injury, and lead to wrongful death.

With the aging of the Baby Boom generation, the Administration on Aging (AOA) estimates there will be more than 72 million Americans 65 years or older by 2030 — double the number in 2000. Elder abuse occurs to seniors of all backgrounds and is usually inflicted by caregivers or other trusted persons.

Signs of Elder Abuse

Elder abuse refers to any form of mistreatment or harm inflicted on older adults, often by someone they trust, such as a caregiver, family member, or healthcare provider. This abuse can take various forms, impacting the elderly person's physical, emotional, or financial well-being. Elder abuse is a serious issue that can occur in private homes, care facilities, or any setting where the elderly reside or receive care.

Common forms of elder abuse include:

• Physical Abuse: Involves the use of force that results in bodily injury, pain, or impairment. This can include hitting, pushing, slapping, or improper use of restraints.
• Emotional or Psychological Abuse: This type of abuse includes verbal assaults, threats, humiliation, or harassment. It also includes isolating the elderly from friends or activities.
• Financial Exploitation: The illegal or unauthorized use of an elderly person's funds, property, or assets. This can involve stealing money, forging signatures, or manipulating the elderly into signing documents.
• Neglect: The failure to provide necessary care, including food, shelter, healthcare, or protection. Neglect can be intentional or unintentional, resulting from the caregiver's lack of knowledge or resources.
• Sexual Abuse: Any non-consensual sexual contact with an elderly person, including unwanted touching, sexual assault, or exploitation.
• Abandonment: When a caregiver deserts an elderly person, leaving them without care, support, or necessary resources.
• Self-Neglect: Although not inflicted by others, self-neglect occurs when an elderly person fails to attend to their own basic needs, such as hygiene, nutrition, or medication. This can be a sign of mental or physical decline.

While it is difficult placing an elderly family member in residential care, it is more traumatic to suspect an abusive situation.

If your elderly loved one has suffered an injury, we look at factors that contribute to nursing home abuse, including:

• Inadequate training or screening of staff
• Negligence
• Inappropriate staffing levels
• Over-medication or physical restraint used to confine patients
• Inappropriate or inattentive security

Iowa laws support the right of every senior to live with dignity and in safety. If you suspect nursing home abuse, our law firm immediately can help your family pursue compensation through legal action for the losses and injury suffered. We can help — we can give you hope.

Who is Liable for Nursing Home Abuse?

Liability for nursing home abuse can extend to multiple parties, depending on the circumstances of the abuse. Generally, those responsible for ensuring the safety and well-being of nursing home residents may be held liable if abuse occurs.

Here’s a breakdown of who could be liable:

• Nursing Home Facility: The nursing home can be liable if abuse occurs due to poor hiring practices, inadequate training, or insufficient supervision of staff. The facility may also be held responsible for the actions of its employees if the abuse happens during their employment.
• Individual Staff Members: Staff members who directly abuse a resident are personally liable for their actions. Supervisors may also be held accountable if they knew about the abuse and failed to act or if they fostered an environment where abuse was likely.
• Third-Party Contractors: If a contractor’s employee abuses a resident, the third-party company may be liable. The nursing home could also share responsibility if it failed to properly vet or oversee the contractor.
• Medical Professionals: Doctors, nurses, or other healthcare professionals who commit abuse or provide negligent care can be held liable. If they are employed by the nursing home, the facility may also bear responsibility.
• Administrators and Owners: Owners or corporate entities that manage the nursing home can be liable if their policies or neglect contribute to an environment where abuse occurs. Their failure to ensure proper care and safety may lead to legal responsibility.
• Other Residents or Visitors: If another resident or a visitor abuses a resident, they can be personally liable. The nursing home may also be held accountable if it failed to protect residents from known risks.
• Government or State Entities: Government-operated facilities may be liable for abuse, though suing a government entity involves specific legal challenges. Liability may arise if state or local authorities fail to ensure proper care in the facility.