Entrusting the care of an aging parent or loved one to a nursing home facility is one of the most difficult decisions a family can make. We understand the weight of that choice and the expectation that your loved one will be treated with the dignity, respect, and professional care they deserve. Unfortunately, when that trust is broken through neglect or abuse, the consequences can be devastating.
At Potts & Potts, we believe that identifying the signs of mistreatment early is the most effective way to protect your loved one’s health and safety. Whether your family is based here on Oʻahu or you have returned home after visiting a relative in a Hawaiʻi facility, knowing what to look for is the first step toward accountability and justice.
Understanding Nursing Home Neglect
Neglect in a long-term care setting occurs when a facility fails to provide the basic necessities of life, such as proper nutrition, hydration, hygiene, or medical supervision. While nursing home abuse often implies an intentional act of harm, neglect is frequently the result of understaffing, inadequate training, or a failure to follow standardized care protocols.
In Hawaiʻi, facilities are governed by strict regulations intended to ensure a high standard of care. Families should remain vigilant for changes in a resident’s physical, emotional, or behavioral state, as these are often the “silent” indicators that something is wrong.
Key Warning Signs to Monitor
Signs of neglect are not always immediately obvious. They often manifest gradually as a decline in a resident’s overall well-being. We encourage families to look for the following red flags:
1. Physical Indicators
- Unexplained Pressure Sores (Bedsores): These are often the most significant indicator of neglect. They develop when a resident is left in the same position for too long without being repositioned.
- Sudden Weight Loss or Dehydration: A lack of assistance during meal times or failure to provide accessible water can lead to rapid malnutrition and dehydration.
- Poor Hygiene: Frequent reports of unwashed clothing, soiled bedding, or lack of oral care may indicate that staff are failing to assist with basic daily living activities.
- Frequent Falls or Bruising: While some accidents are inevitable, a pattern of unexplained injuries often points to a lack of proper supervision or a failure to use necessary assistive devices.
2. Behavioral and Emotional Changes
- Withdrawal or Depression: A loved one who suddenly becomes quiet, refuses to participate in activities they once enjoyed, or seems fearful of specific staff members may be experiencing emotional distress.
- Agitation or Mood Swings: Neglect can cause significant confusion and fear, leading to uncharacteristic outbursts or severe anxiety.
3. Environmental Red Flags
- High Staff Turnover: A revolving door of caregivers often leads to gaps in patient knowledge and inconsistent care.
- Lack of Communication: If you find it impossible to speak with a physician or if management is evasive when you ask about your loved one’s care plan, this is a serious concern.
For detailed information on the standards and regulations that care facilities in our state must follow, families can review the resources provided by the Hawaiʻi Department of Health Office of Health Care Assurance, which oversees the licensing and certification of these facilities.
The Reality of Hawaiʻi Legal Claims
Navigating a claim regarding nursing home negligence requires an understanding of local law. For instance, Hawaiʻi operates under a modified comparative negligence system. If a victim is found to be more than 50% at fault for an injury, they are generally barred from recovery. Additionally, Hawaiʻi law imposes a two-year statute of limitations for personal injury claims, meaning that waiting too long can permanently extinguish your right to pursue a claim.
Because nursing home cases involve complex medical records and administrative regulations, the strategy used to build your case matters. At Potts & Potts, Dennis Potts has lived in Hawaiʻi for over 50 years and has decades of experience navigating the local courts, insurance landscape, and jury expectations.
We recognize that many of our clients are managing these crises from afar. Our firm frequently assists families who have discovered issues with a loved one’s care while residing outside of Hawaiʻi. We provide the dedicated, direct attention required to handle these cases from initial investigation through resolution, ensuring that you do not have to navigate the complexities of the legal system alone.
Since 2007, Dennis Potts has maintained a 100% success rate in obtaining favorable outcomes for his clients, securing millions in settlements and judgments. Furthermore, we operate on a contingency basis: if we do not produce a recovery, there are no fees.
If you suspect your loved one is suffering due to institutional failure, you need a dedicated Honolulu nursing home negligence lawyer who will handle your case personally from start to finish. Protecting your family’s future begins with an honest assessment of your legal options.
This article is intended for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. For advice specific to your situation, please consult a licensed attorney in Hawaiʻi.