Nursing homes are meant to be places of care, comfort, and dignity for our elderly loved ones. However, as the population ages, more families discover that some nursing homes fail to meet these expectations. In some cases, residents are subjected to negligence or even abuse.
Unfortunately, facilities often cover up these incidents to avoid legal and financial repercussions. Nursing homes may use various excuses to deflect blame, deny wrongdoing, or downplay the severity of the issue. Understanding these common excuses can help families protect their loved ones and take appropriate action when they suspect mistreatment.
If you suspect your elderly loved one is a victim of nursing home abuse or neglect, it is important to reach out to a Virginia Beach nursing home abuse lawyer from Shapiro, Washburn & Sharp right away.
“It’s Just a Part of Aging”
One of the most frequent excuses nursing homes use to justify substandard care is the claim that certain behaviors or health declines are just a normal part of aging. What does this excuse mean for abuse or neglect? In some cases, when residents show signs of physical or emotional distress, nursing homes may attribute these symptoms to the natural process of aging. For example, if a resident is losing weight or becomes incontinent, the nursing home might dismiss these concerns by saying, “It’s just part of getting older.”
While it’s true that some health issues are a natural part of aging, this excuse is often used to hide cases of neglect. Significant weight loss, for instance, could be a sign of malnutrition or dehydration, both of which can result from poor care. Similarly, incontinence might be a result of improper hygiene or lack of proper medical attention, rather than simply a “normal” part of the aging process. Families must be vigilant and seek a second opinion if they suspect a loved one’s condition is being mismanaged or neglected.
“The Patient Refused Care”
Nursing homes often claim that residents’ refusal of care or assistance is the reason for neglect or injuries. How does this excuse shift blame away from the facility? Nursing homes may argue that a resident didn’t receive proper care because they refused help. For instance, a nurse may claim that a resident refused to eat or take medications, which led to malnutrition or health complications. This excuse allows the facility to deflect responsibility and avoid accountability for any resulting harm.
However, there are many factors that may influence a resident’s refusal of care, including confusion, dementia, or fear of mistreatment. If a nursing home is properly staffed and the caregivers are trained to handle residents with special needs, such as those with cognitive impairments, this excuse doesn’t hold weight. Refusal of care can indicate that the nursing home needs to find better ways to communicate with the resident or address their fears, rather than simply using it as an excuse to avoid their responsibilities.
“We Didn’t Have Enough Staff”
Another common excuse nursing homes use to explain substandard care is the claim of insufficient staffing. Why is this excuse problematic? Facilities may blame a lack of staff for missed care, delayed responses to emergencies, or incidents of neglect. For example, if a resident falls because they weren’t properly monitored, the facility may claim that there weren’t enough staff members on duty to provide adequate supervision.
While understaffing can contribute to negligence, it is ultimately the facility’s responsibility to maintain appropriate staffing levels. Nursing homes are legally required to provide enough staff to meet the needs of their residents. In cases where understaffing is the issue, families should be aware that it may indicate the facility’s failure to meet regulatory standards. If a facility repeatedly uses this excuse, it may be time to report them to the relevant authorities or seek legal action.
“The Resident Was Simply Accident-Prone”
This excuse is frequently used when a nursing home is faced with a claim of injury due to a fall or other preventable accident. How does this excuse absolve the nursing home of responsibility? Nursing homes may argue that an injury was simply a result of the resident’s frailty or clumsiness, rather than the result of improper supervision, unsafe conditions, or lack of proper equipment. For example, if a resident falls out of bed or slips on a wet floor, the facility might claim that their age or physical condition made them more prone to accidents.
While elderly individuals may be at a higher risk of falls, nursing homes have a duty to minimize these risks by ensuring proper safety protocols, such as using non-slip mats, providing adequate lighting, and implementing fall prevention plans for residents. Blaming the resident for being “accident-prone” allows the facility to avoid taking responsibility for its own role in creating or failing to address hazardous conditions.
“It Was an Isolated Incident”
Nursing homes sometimes downplay the significance of neglect or abuse by claiming that the incident in question was isolated or rare. How does this excuse minimize the severity of abuse or neglect? If a resident is injured or harmed due to abuse, the facility may insist that the incident was an anomaly or that the staff member responsible was acting outside the scope of their duties. By labeling the issue as an isolated event, the facility can avoid facing broader scrutiny of its practices.
However, when abuse or neglect is discovered, it often points to deeper systemic issues within the facility, such as poor management, inadequate training, or inadequate oversight. If one resident is harmed, it’s essential to investigate whether other residents may be at risk or if similar incidents have occurred in the past. Isolated incidents rarely happen without underlying causes, and families should not accept this excuse without further investigation.
“The Resident Was Difficult”
This excuse is often used when nursing home staff members attempt to justify poor treatment or behavior toward residents. How does this excuse justify mistreatment? If a resident is perceived as difficult, stubborn, or uncooperative, nursing home staff may use this as an excuse for abusive behavior or neglect. For instance, if a resident is being mistreated, a staff member might claim that the resident was “difficult to manage” or “refused to cooperate,” implying that their actions were a direct result of the resident’s personality or behavior.
This excuse is problematic because it ignores the fundamental duty of caregivers to treat all residents with respect and dignity, regardless of their behavior. Difficult behavior may be a sign of underlying medical or psychological conditions, such as dementia, anxiety, or depression, and it is the responsibility of the nursing home staff to handle these conditions professionally and with empathy. Mistreating a resident because of their perceived difficulty is never justified.
“The Injury Was Pre-Existing”
When a resident is injured or harmed, a nursing home may attempt to argue that the injury was pre-existing, thereby absolving the facility of responsibility. How does this excuse deflect blame? For example, if a resident falls and breaks a bone, the nursing home may claim that the injury was a result of the resident’s pre-existing medical condition, such as osteoporosis, and not because of neglect or unsafe conditions in the facility.
While pre-existing conditions can contribute to the severity of injuries, they do not prevent a facility from ensuring the safety of its residents. Nursing homes are obligated to assess each resident’s medical needs and provide care that considers those conditions. If the injury occurred because the facility failed to address these needs appropriately, the excuse of a pre-existing condition should not absolve them from responsibility.
Call Our Personal Injury Law Firm for Legal Help
If your elderly loved one has been the victim of nursing home abuse or neglect, a Virginia Beach nursing home abuse attorney from our firm can explain what legal recourse your family may have. At Shapiro, Washburn & Sharp, we have been aggressively advocating for victims for almost four decades and have helped many nursing home abuse victims receive compensation for their injuries, like the $300,000 arbitration award we obtained for one client who suffered a fall from her bed resulting in a serious fracture of her left tibia and fibula, resulting in amputation of her leg.
Contact our office today to set up a free and confidential consultation with one of our dedicated nursing home abuse attorneys.
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Since 1984, Jim St. Clair has fought and helped Virginia Beach personal injury clients overcome some of the most traumatic moments of their lives. Whether you have been in an accident caused by the fault of another or a victim of medical malpractice, the results can leave you profoundly damaged physically, mentally, and economically. You may be entitled to substantial compensation. Jim is a seasoned and experienced personal injury trial attorney with 40 years of experience. He graduated with honors from Creighton University School of Law in 1984 and then served in a prestigious federal law clerk position for the late U.S. District Judge J. Calvitt Clarke, Jr., in the United States District Court for the Eastern District of Virginia. Over several decades, Jim has enjoyed remarkable success advocating for injured clients and has won notable multimillion-dollar settlements and verdicts. He has tried cases in Virginia General District and Circuit Court and in the Eastern and Western District Virginia Federal Court. In one case that went up on appeal to the Supreme Court of Virginia, he convinced the court to change the law regarding the statute of limitations in Virginia medical malpractice “misdiagnosis” cases. Jim’s areas of Virginia personal injury law practice include medical malpractice, car and truck injury cases, dog bite injuries, and cases involving negligence at business premises. Within these areas of law, he has also successfully prosecuted numerous wrongful death actions. Outside the courtroom, Jim has served on the board of directors of the Better Business Bureau, taught as an adjunct professor for business law at Old Dominion University, instructed future paralegals at the American Institute of Paralegal Studies, and lectured Virginia attorneys on the subject of “insurance litigation in Virginia.” He is a member of the Virginia Trial Lawyers Association and the Virginia Beach Bar Association. If you have been impacted by the negligence of another, contact Jim St. Clair today for a free, confidential personal injury law consultation.
