How to identify nursing home neglect and when to report it 

Published: 18/07/2023

Putting a loved one into a nursing home can be a difficult and upsetting experience. Families can suffer even more distress and upset if they suspect that the care home is not treating a resident with due care and attention.

Whilst it is thankfully not common, it is however a sad occurrence that neglect and abuse can happen within care home settings. It is not always easy to detect, particularly in relation to the most vulnerable residents, who may already be very ill.

In this guide, we explain the most common examples of negligence in nursing homes. We discuss how to identify the signs of nursing home negligence, as well as the important steps that family members should take if they suspect that a resident is not getting appropriate care from a nursing facility.

What is classed as neglect in a nursing home?

Some signs of neglect and abuse are easier to spot than others. Any examples in which your loved one suffers an unexplained or suspicious injury should be an immediate cause for concern.

Whilst negligence is an incredibly distressing possibility for any family to consider, it is also worth being mindful that there are other ways that neglect and abuse can manifest. These may not always have the same physical symptoms or repercussions but can be equally distressing for the residents in an unsafe care home. These include:

• Providing the wrong medication: this can cause residents to suffer from ailments they should have under control because of their medication.
• Falls and failure of risk assessment for falls: if a nursing home resident falls due to a lack of care or attention provided by the staff, this can be classed as nursing home negligence and should be addressed immediately.
• Failure or delay of administering treatment or referring for treatment: if a care home resident is suffering from illness or pain, they should be cared for as soon as possible, either directly by the staff or by a medical professional via referral.

It is important to remember that most care homes are safe and supportive facilities, and they are often the best possible environment for a patient with complex care needs. To find out more about medical negligence in a general sense, you can view our Medical and Clinical Negligence pages.

How do I identify care home neglect?

There are various signs that may indicate nursing home abuse, or neglect, is happening, such as:

• Residents who lose or gain weight suddenly and without any known medical explanation.
• Any sudden changes in behaviour, particular uncharacteristic behaviour. This is not always a sign of neglect, as those with complex care needs may take time to adjust to a new environment. Also, sudden behaviour or personality changes may simply be a reflection of their coping with these changes. However, it is also possible that it is an indication of abuse or neglect that is having a psychological impact.
• General unkempt appearance, dirty clothes or a dirty environment. This is one of the most common ways that neglect can be detected, as it is usually a sign that the person's care needs are not being appropriately addressed.
• Loss of mobility can also be an indicator of abuse, or more commonly neglect. For example, patients who regularly need turning or adjusting in bed may show reduced mobility if these needs are neglected.

How do I report nursing home neglect?

In the first instance, you can raise concerns directly with the care home - particularly if there is a member of staff you know and trust. If you do not feel comfortable doing this, or you believe abuse is endemic throughout the nursing home, you can speak to the relevant local authority. All local authorities have social workers who deal specifically with cases of elder abuse and neglect of vulnerable adults. Ask to speak to the adult safeguarding coordinator.

Remember that these conversations should be handled sensitively. Seek to understand whether there may be an alternative explanation for what you have witnessed - and seek legal advice before making any explicit accusation of abuse or neglect.

In extreme circumstances, where you believe there is an immediate risk to the wellbeing of a nursing home resident, you can seek emergency medical care, or speak to the police.

If you would be more comfortable seeking legal advice and allowing a solicitor to act on your behalf, you can discuss your options with us today.

Who is legally liable for nursing home abuse?

All nursing homes and assisted living facilities must provide a reasonable standard of care. In cases of injury, abuse and neglect, the care home has a legal responsibility to ensure this. With appropriate evidence, it is possible to show that a nursing home has breached its duty of care.

In order to determine the specifics of that case, and show liability, it is necessary to be able to provide evidence. This could include photos or medical reports about injuries sustained by a resident, or medical assessments of issues, which may indicate neglect. Statements from residents, and other staff members may also be useful.

If you are seeking to make a claim against a care home, it is important to document the evidence you have to back up this claim. This can help you to clearly demonstrate that the nursing home, or specific staff members, are responsible for the issues you are addressing.

When should I seek legal advice for care home abuse?

If you have a strong reason to believe that your loved one is being neglected, the first priority is to ensure their safety. This could include moving them to a different care facility, a hospital, or temporarily into a family member's home until the situation is resolved.

Once their safety is assured, you should seek legal advice on the appropriate action to take against the care home. A suitably qualified legal team with experience in dealing with care home negligence and medical negligence can then help you navigate the legal action you should take.

How Wake Smith can help

Wake Smith has a skilled team of legal staff, with long-standing experience in medical neglect, abuse and wrongful death in relation to nursing homes. We understand that it can be a deeply upsetting experience, both for the resident and their family members. We work hard to handle your case sensitively and with respect, to help you get the outcome you need - and to hold nursing homes to account when they are not meeting their duty of care.

To discuss your case in a free consultation, contact us today to find out how we can help.