It is tragic and distressing when you entrust a close family member to a facility only to find they’ve suffered nursing home abuse and neglect. If your loved one has suffered in such a care facility, a Davenport nursing home abuse lawyer at our personal injury law firm is here to provide legal representation to manage a nursing home abuse claim.
In this Article
How a Davenport Nursing Home Attorney Can Help
Our lawyers handle nursing home abuse cases for nursing home abuse victims with cases involving bed sores, malnutrition, falls, medication errors, wrongful death, and more. If you suspect abuse, call us to discuss legal action and seek justice.
We can investigate the facility and gather evidence to establish liability (medical records, witness statements, and surveillance footage), manage the legal complexities of your claim, and ensure at-fault parties bear responsibility.
We can also help transfer your loved one to a safer facility to prevent further abuse while seeking compensation, taking the facility to court if necessary. In the most extreme cases, we can file a wrongful death lawsuit.
What Are the Warning Signs of Nursing Home Abuse?
Common signs of nursing home injuries include untreated medical issues like bedsores, unexplained injuries such as bruises or broken bones, and sudden changes in behavior like withdrawal or depression. Other red flags are sudden weight loss, poor hygiene, unsanitary living conditions, dirty clothes, a decline in a resident’s health, otherwise unsafe conditions, sudden financial changes, and a resident’s fear around specific staff members.
How Do State and Federal Laws Protect Nursing Home Residents?
The Nursing Home Reform Act of 1987 (NHRA), enacted under the Omnibus Budget Reconciliation Act of 1987 (OBRA ’87), mandates that Medicare- and Medicaid-certified facilities must “promote and protect the rights of each resident.”
Iowa has a comprehensive framework in Iowa Code Chapter 135C, enforced by the Iowa Department of Inspections, Appeals, and Licensing (DIAL). These laws combine federal requirements from the 1987 Nursing Home Reform Act with strict state administrative codes to guarantee health, safety, dignity, and personal autonomy.
The Extent of Nursing Home Abuse
Elder abuse is alarmingly high in nursing homes, with the World Health Organization (WHO) reporting two out of three staff members admitting to some form of abuse in the past year.
Types of Nursing Home Misconduct and Abuse
Nursing home abuse or neglect by staff or other residents can take many forms:
- Physical abuse—hitting or slapping
- Verbal abuse—inflicting mental distress through words, actions, or isolating seniors
- Sexual abuse—unwanted sexual contact, activity, or sexual assault
- Financial abuse—illegal financial exploitation of a resident’s finances
- Elder neglect—failure to provide adequate nutrition, hydration, and personal care
- Medical malpractice—medication errors or failure to treat infections
Steps to Take If You Suspect Abuse or Neglect
If you suspect neglect or abuse, act quickly:
- Seek medical treatment from their own doctor and keep detailed records.
- Document any signs of abuse or neglect, including photographs if possible.
- Speak with your loved one privately about their experiences and document their statements.
- Contact the facility’s management and report your concerns.
- Report nursing home abuse to Iowa authorities (below).
- Consult our Davenport nursing home lawyers for legal assistance.
How Do I File a Complaint About Nursing Homes in Iowa?
To report negligent care in Iowa:
- Submit an official report through DIAL.
- Call the Iowa Health Facilities complaint hotline at 1-877-686-0027.
- Call Iowa’s Adult Protective Services at 1-800-362-2178.
What Damages Might an Abused Nursing Home Resident Recover?
When a vulnerable victim has suffered a serious personal injury in a nursing home, they may be entitled to compensation for the injuries suffered. This can include current and future medical expenses, physical pain and suffering, and emotional distress. If relocation to a new facility is necessary, those costs may also be recoverable.
How Long Do I Have to File a Nursing Home Abuse Lawsuit in Iowa?
For a personal injury lawsuit, the deadline is generally two years from the date the incident occurred under Iowa Code § 614.1(2). There are exceptions to this deadline, so consult an experienced personal injury attorney about your specific case.
How Can I Prevent Nursing Home Abuse?
To prevent nursing home neglect or abuse, be proactive:
- Thoroughly research and choose a reputable facility.
- Make regular visits to ensure proper care.
- Communicate regularly with nursing home personnel and address concerns immediately.
- Know the signs of abuse and monitor for any changes in the resident’s appearance or behavior.
Speak with a Davenport Nursing Home Abuse Attorney
Our Davenport nursing home abuse lawyers have the resources to help families build a strong nursing home facility abuse case for their elderly loved ones. Many factors contribute to ensuring at-fault parties are held accountable. Our law firm can provide legal guidance, investigate your case, prove liability, and negotiate with insurers for fair compensation.
Call Us for a Free Case Review
We offer potential clients free consultations with an experienced attorney who will explore your legal options and explain Iowa’s legal process.