What Evidence Helps to Prove Elderly Abuse in a Memory Care Facility?

Posted on behalf of Jeff Pitman on December 10, 2024 in Nursing Home Abuse

A person holding an elderly person's hand.Elder abuse in memory care facilities should never happen. Unfortunately, residents with mental conditions, such as Alzheimer’s or dementia, have a difficult time communicating. So if families suspect abuse of a loved one, what can they do to prove it?

Memory care facilities are meant to provide a safe and nurturing environment for individuals with dementia or Alzheimer’s disease, but abuse and neglect can still occur. Families must be vigilant and proactive in identifying signs of mistreatment and collecting evidence. Doing so not only ensures accountability but also helps protect vulnerable residents and promotes higher standards of care within the facility.

If you suspect a loved one has experienced abuse in a memory care facility, do not wait to act. Contact PKSD to speak with an experienced nursing home abuse lawyer in Milwaukee. We are here to help you and your initial consultation is completely free. Our compassionate legal team can help you gather evidence, navigate the legal process and protect your loved one’s rights.

Request your FREE case review. Call PKSD at : 414-333-3333 today.

What Physical Signs May Indicate Elder Abuse in a Memory Care Facility?

Physical abuse in memory care facilities can be particularly concerning since residents often have difficulty communicating or remembering what happened to them. Family members need to be vigilant in watching for signs of potential abuse, as early detection is crucial for protecting vulnerable residents.

Here are key physical signs to watch for:

  • Unexplained bruises, welts, or marks, especially on both sides of the body, such as to both arms or both legs.
  • Restraint marks or bruising around wrists, ankles or waist area suggesting improper physical restraint
  • Pressure sores or bedsores, especially if untreated or in various stages of healing, which can indicate neglect
  • Sudden or unexplained weight loss
  • Malnutrition or signs of dehydration such as dry lips, sunken eyes or decreased skin elasticity
  • Poor hygiene, including unwashed hair, dirty clothes, soiled bedding or strong body odor
  • Unexplained fractures, sprains or dislocations in various stages of healing
  • Burns or abrasions that have no clear accidental causes
  • Torn, stained or bloody clothing or bedding
  • Patches of missing hair or scalp injuries suggesting hair pulling
  • Repeated similar injuries occurring in the same locations or patterns

How Do Medical Records Support My Legal Claim?

Medical records provide essential support in abuse claims. A trained medical professional can identify injuries, illnesses or signs of neglect that may not be immediately apparent to the untrained eye. When reviewing medical records, it is important to focus on several key aspects:

Inconsistent or Missing Documentation

If documentation of injuries, incidents or treatments is lacking or inconsistent, it may indicate that the facility is attempting to cover up abuse. Medical records should clearly reflect the care provided and any concerns that arose. Missing or incomplete records could suggest an effort to conceal evidence of mistreatment.

Injury Descriptions and Treatment Plans

Pay attention to how injuries are described and the treatment provided. Inconsistencies between the cause of the injury and its severity should raise concern. For example, if a serious injury is documented as the result of a minor fall, it may indicate a discrepancy that warrants closer examination.

Previous Incidents or Patterns

Repeated injuries, illnesses or complaints in the records may indicate ongoing abuse. Patterns of unexplained injuries, noticeable behavior changes or multiple emergency room visits for the same issue can serve as significant warning signs.

How Do Witness Testimonies Support My Claim in Milwaukee?

Eyewitness accounts from staff, other residents or visitors can offer valuable insight into what has been occurring in a memory care facility. In some cases, staff members or even fellow residents may have witnessed or overheard events that can help substantiate abuse allegations.

Staff Testimony

Caregivers or other facility employees may have witnessed abuse or been aware of improper treatment. Their testimony can provide a firsthand account of what transpired. However, some staff members may be reluctant to speak out due to fears of retaliation or losing their jobs. Any statement supporting abuse claims can be vital in strengthening a case.

Fellow Residents

Other residents can also offer valuable testimony. While those with memory issues may not always recall specific details, some may remember key events. Residents who interact regularly with the alleged abuser or have witnessed suspicious behavior may be able to provide important observations about what they have seen.

Family and Visitor Statements

Family members and regular visitors are often the first to notice changes in a resident’s behavior, appearance or overall well-being. Due to their long-term relationship with the resident, they are familiar with the resident’s usual health and behavior. Any noticeable changes in the resident’s condition or demeanor can be significant and their testimony can provide a clearer picture of what might be happening behind closed doors.

Can I Use Surveillance Footage?

In Wisconsin memory care facilities, surveillance cameras and granny cams can be legally placed in common areas and other areas to help protect residents’ safety. The footage may help to provide direct evidence of abuse or neglect.

Footage of the Alleged Abuse

Surveillance footage can capture incidents of physical abuse, neglect or improper care. Whether it shows a staff member striking a resident, failing to administer medication, or leaving a resident in an unsafe situation, video evidence can be crucial in verifying abuse claims.

Footage of Staff Interactions

Even if abuse is not captured directly, footage showing staff neglecting duties, being inattentive, or using inappropriate physical force can still provide valuable evidence. Video demonstrating inadequate care or unsafe conditions can play a critical role in supporting an abuse claim.

Gaps in Surveillance or Missing Footage

An experienced nursing home attorney may have surveillance footage reviewed for gaps, missing recordings or signs of tampering. Facilities may sometimes claim a camera malfunctioned during an alleged incident. Unexplained gaps, missing footage or evidence of erasure or alteration might indicate a potential attempt to conceal abuse.

Need Legal Help for a Nursing Home Abuse Case? Call PKSD Today

If you believe your loved one is being mistreated in a memory care facility, it is important to take swift action.

At PKSD, our law firm has a history of proven results. Our experienced nursing home abuse attorneys have recovered millions in compensation for victims. We understand how emotionally challenging these situations can be and are committed to helping families seek compensation and hold at-fault parties accountable for their actions.

During a free consultation, we are prepared to help determine your next legal steps and provide the support you need. There are no upfront costs or fees to hire our legal services. We only get paid if you do.

Call PKSD today. We fight to get you the results you need. 414-333-3333

Back to top