How Nursing Homes Fail Residents with Dementia

The Centers for Disease Control (CDC) reports that over 40 percent of all nursing home residents have Alzheimer’s disease or some other type of dementia. Given this statistic, most families likely assume that nursing homes are equipped and trained to handle residents with this condition. Most nursing facilities provide professional, compassionate care to residents with dementia. But when a nursing home fails to protect a loved one with dementia, families may rightfully wonder whether the nursing home can be held legally responsible. 

This article discusses how dementia affects nursing home residents, how nursing homes should respond, and when families can sue a nursing home for injuries to a loved one with dementia. It also explains how a Laurel nursing home attorney can help your family. 

What is Dementia? 

Many people are surprised to learn that “dementia” is not a disease. Rather, it is a medical condition caused by several diseases or a combination of conditions that affects a person’s memory, thinking, and social abilities. 

While Alzheimer’s is the most common type of dementia, it is not the only one. Other diseases that can cause dementia include: 

• Creutzfeldt-Jakob disease
• Frontotemporal dementia
• Huntington’s disease
• Lewy body dementia 
• Parkinson’s disease
• Vascular dementia

Why Nursing Home Residents with Dementia Require Specialized Care

Nursing home residents living with dementia require special attention from nursing staff for many reasons. 

First, their memory issues may cause them to have difficulty following instructions – even safety instructions. They may also forget whether they’ve taken their medicine, eaten, or done other tasks. 

Second, dementia also affects judgment and decision-making. So, a person with dementia might easily underestimate a dangerous situation or overestimate their physical abilities. They may also wander into unauthorized areas of the facility that are not safe for them. Some may leave the facility altogether. 

Third, people with dementia often have poor balance and spatial awareness. This increases their risk of falls and other injuries. 

Finally, dementia symptoms can appear differently in different people. Also, the systems can change over time, sometimes slowly and sometimes seemingly overnight. As such, nursing homes must regularly update care plans for residents with dementia. 

When Nursing Homes Might Be Legally Responsible for Failing Residents with Dementia

To hold someone legally responsible for an injury to a nursing home resident, you’ll need to prove that the nursing home was negligent. In Maryland, nursing home negligence happens when: 1) a person or business has a duty to act in a certain way, 2) that duty is not fulfilled, and 3) the failure to fulfill the duty directly leads to an injury.

Not every concerning event at a nursing home is the result of negligence. However, if the facility failed to fulfill its duties, negligence might be a possibility. 

Duties are usually established by law. Nursing homes must comply with both state and federal law. For example, both  Maryland nursing home law and federal nursing home regulations require nursing homes to hire an adequate number of staff who are able to care for all residents. When dementia is involved, a family may be able to argue that their loved one’s fall was due to an understaffed facility or that the inability to feed their family member was related to inadequate training. Other nursing home failures that may lead to legal responsibility include failing to: 

• Update care plans after a dementia diagnosis and after dementia worsens
• Follow doctor recommendations for care
• Promptly address requests from residents with dementia 
• Update care plans or staffing needs after a resident with dementia wanders 
• Monitor cognitive decline, change in food intake, and other warning signs
• Respond to known safety risks (i.e., fall hazards)

Warning Signs that Families of Patients Should Watch For

Many people with dementia have cognitive concerns, memory issues, communication issues, or a combination of these. As such, when things aren’t going well, they may not be able to tell their families. While this makes it harder for families to confirm their suspicions, families can look for warning signs. Some “red flags” to look for include: 

• Multiple falls
• New and unexplained bruises 
• Rapid or new weight loss
• Sudden pressure injuries (bedsores) 
• New hygiene issues 
• New hospitalizations or multiple hospitalizations in a short period

How a Maryland Nursing Home Neglect Lawyer Can Help Your Family

Placing your loved one in nursing care is a difficult decision. When the facility doesn’t provide the care that you feel your loved one deserves, families are rightfully concerned. But nursing home residents have rights. An experienced Laurel nursing home attorney can help your loved one and your family by:

• Investigating the circumstances of your loved one’s illness or injury 
• Investigating the history of the nursing facility and staff
• Helping your family file a complaint with the Maryland Long-Term Care Ombudsman Program 
• Filing a lawsuit, if necessary

If your family wants to pursue your loved one’s legal rights after a nursing home injury, contact the Law Offices of Thomas E. Pyles. Our attorneys specialize in handling nursing home claims and can help your family get justice and, if appropriate, compensation. Call 301-705-5006 or use our online contact form to schedule a free consultation.