Negligent Security in Long-Term Care: What it Is and How It Happens

Negligent security in long-term care poses a significant threat to residents. The elderly are especially vulnerable and many residents in nursing homes may be unable to communicate when something is wrong.

At PKSD, we understand negligent security and how it creates an unsafe environment in nursing homes. This is just one reason we are so deeply committed to helping residents harmed by nursing home negligence or abuse.

This article explains more about negligent security in long-term care facilities, including what it is and how to protect your loved one. We also discuss when you may have a claim against the liable parties for your loved one’s damages.

Not sure if you have a case? Call our law offices 24/7 to find out how we may be able to help. We offer a free initial consultation, with no risk or obligation to you.

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What Is Negligent Security in Nursing Homes?

Negligent security in a nursing home occurs when a facility fails to provide adequate protection for its residents against foreseeable harm. Long-term care facilities have a legal duty to residents and their families. That duty is to implement reasonable security measures to ensure the safety of residents, visitors and staff.

Reduced security stems from a combination of factors. These factors include things like not reducing necessary staff or replacing outdated security systems. When nursing homes choose cost-cutting measures to this degree, they are putting profit over the well-being of your loved one.

Security gaps increase the risk of vulnerable residents suffering physical harm, emotional distress or financial exploitation.

How Can Families Protect Loved Ones From Negligent Security in a Nursing Home?

Being proactive and vigilant are crucial when it comes to protecting your loved ones from negligent security. These are some steps you can take to help ensure a safer environment:

• Thoroughly research potential facilities in person and online for prior history of harm caused by negligent security.
• After finding a facility, regularly visit your loved one at different times of day to observe security practices firsthand.
• Engage with staff when you visit and ask questions about security protocols.
• Stay informed about any changes in policies or personnel.

Openly communicate with your loved one, listening and watching for any concerns or complaints they express about their safety. Sometimes what they do not say is equally concerning. For instance, if they suddenly become fearful or withdrawn. Watch for any behavior that is out of the ordinary, especially if it is a repeating pattern around certain individuals.

Document any security issues or injuries observed and immediately report your concerns to facility management.

Consider installing personal security devices in your loved one’s room. Granny cams are legal in New Mexico, however, there are certain measures you need to be aware of before installing one. Educate your loved one, where possible, about personal safety measures.

If serious concerns persist, take immediate steps to involve regulatory authorities. We also recommend speaking with an attorney to see if there are legal actions you can take on behalf of your loved one.

How Does Negligent Security Happen in Long-Term Care?

Negligent security in nursing homes manifests in various ways. Here are some specific gaps in security protocols or administrative oversight that create safety risks:

• Insufficient background checks: Failing to thoroughly vet potential candidates may result in staff with questionable histories gaining access to vulnerable residents.
• Inadequate resident assessment: Nursing homes have a duty to evaluate incoming residents for tendencies like wandering or aggression. Failing to do this means staff are unprepared for certain issues that could arise. For instance, like protecting a resident from wandering off the property and getting hurt. Resident-on-resident abuse is another problem that requires facilities and staff to implement sufficient safeguards.
• Lack of proper monitoring systems: Absent or malfunctioning security cameras, door alarms or resident tracking devices creates critical blind spots that could impact residents’ safety.
• Poor access control: Failure to implement strict visitor policies or secure entry points creates a security gap where unauthorized individuals could enter the facility.
• Understaffing: Staffing shortages create care gaps for residents, a major problem at any time of day. During night shifts or in memory care units, this is especially concerning.
• Inadequate staff training: Neglecting to train staff on security protocols, emergency procedures, or how to manage residents with specific behavioral issues compromises safety.
• Failure to address known risks: Ignoring repeated incidents or patterns of security breaches without implementing corrective measures.
• Outdated or malfunctioning security equipment: Relying on outdated security systems does not provide adequate protection.
• Lack of individualized care plans: Not developing or following specific plans for residents with special needs or behavioral issues.
• Insufficient communication protocols: Poor systems for staff to report and respond to security concerns leads to delayed or inadequate responses to potential threats.

These factors create an environment where residents are daily exposed to unnecessary risks. By understanding these risks, families and administrators can better identify and address potential security gaps.

What Damages May Result From Negligent Security in Nursing Homes?

Residents in nursing homes are at risk of suffering various damages due to negligent security, including:

Physical Damages

• Injuries from falls due to poor lighting or lack of proper safety equipment
• Assaults by other residents or unauthorized intruders
• Wandering-related injuries, such as exposure to extreme weather or traffic accidents
• Medication errors due to unsecured drug storage
• Physical abuse by improperly vetted staff members

Emotional Damages

• Anxiety and fear from living in an insecure environment
• Depression due to isolation or restricted movement for “safety reasons”
• Loss of dignity and autonomy from overly restrictive security measures
• Trauma from witnessing or experiencing security-related incidents
• Distress from separation from family due to strict visitation policies

Financial Damages

• Theft of personal belongings due to inadequate room security
• Financial exploitation by staff or outsiders with easy access to residents
• Medical expenses from treating injuries caused by security lapses
• Costs associated with transferring to a more secure facility
• Legal fees for pursuing compensation for negligent security

Sexual Assault

Sexual assault is a particularly heinous consequence of negligent security. Residents victimized in this way suffer long-term and severe physical and emotional trauma. If the perpetrator is a staff member, residents may be forced to suffer repeated assaults, living in daily fear.

Many elderly victims are unable to communicate these events, either due to a medical condition, like dementia, or out of fear.

Can I Sue for Damages Due to Negligent Security?

Yes, it is possible to hold nursing homes liable for damages resulting from negligent security. Like other personal injury cases, however, you or your attorney will need to prove your claim. This means being able to prove the following elements existed:

Duty of Care

The nursing home had a legal obligation, such as a contract, to provide reasonable security measures for your loved one. If your loved one was a resident at a nursing home, the facility has a legal obligation to follow state and federal regulations, industry standards and the facility’s own policies.

Breach of Duty

The nursing home failed to meet the established duty of care. This could involve:

• Failing to implement or follow adequate security measures
• Failure to conduct proper background checks of staff
• Insufficient staff training or day-to-day oversight of staff
• Lack of proper monitoring systems

Causation

The breach of duty directly led to the harm your loved one suffered. This element involves showing:

• Negligent security was the proximate cause of the incident
• The harm was a foreseeable consequence of this lapse in security
• But for the negligent security, your loved one would not have suffered harm

Damages

Establishes that the resident suffered actual harm as a result. This can include:

• Physical injuries
• Emotional distress, such as PTSD, depression, anxiety
• Financial losses, such as medical costs, fraud, theft
• Wrongful death

You need evidence to support your claim. Documentation, such as incident reports, security logs and staff records are a good place to start. Testimony from witnesses such as other staff at the facility, medical experts or expert testimony on industry standards are also helpful. You will also need to provide your loved one’s medical records or documentation of his or her financial losses.

Why Call PKSD for Legal Help for Nursing Home Injuries?

At PKSD, we have extensive experience managing cases involving nursing home negligence, abuse and neglect cases. We know what evidence is needed to prove negligent security and how to get it.

Our knowledgeable nursing home abuse lawyers in Santa Fe know how to deal with pushback from nursing home administrators and others. We have built a solid reputation as a trusted law firm that is always prepared to go to court if it becomes necessary. We know your legal rights and how to protect them.

Call today to explore your potential legal options. 505-677-7777