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When we place a loved one in a nursing home, we do so with trust—trust that they will be treated with compassion, dignity, and medical competence. Sadly, that trust is sometimes broken in ways that are both heartbreaking and avoidable.
A recent lawsuit filed in Iowa paints a grim picture of nursing home neglect, staff retaliation, and a system that may be failing some of our most vulnerable citizens. If you have a family member in long-term care or are worried about nursing home abuse, here is what you need to know.
A Tragic Case in Iowa
Tylene Schultz, a certified nursing assistant (CNA), is suing Fonda Specialty Care and its parent company, Care Initiatives, after claiming she was fired for trying to report the wrongful death of a resident.
According to the lawsuit, Schultz was on duty the night 87-year-old Marvin “Pete” Jacobs died. Jacobs had a tracheostomy and required regular suctioning to help him breathe. Despite over 10 requests from Schultz and others, the nurse on duty, Becky Manning, allegedly refused to suction Jacobs’ airway. Jacobs reportedly died in an agonizing way—pointing at his neck, struggling to breathe, and turning blue.
After the death, Schultz claims she received threatening messages telling her to “keep your mouth shut.” She also says she was fired shortly after notifying state regulators about what happened. The state later fined the facility for failing to provide appropriate respiratory care. Manning faced criminal charges and lost her nursing license.
Sadly, Jacobs’ family also filed a lawsuit but found themselves blocked by a forced arbitration agreement signed during his admission. That means the case won’t be decided in court, but behind closed doors.
What Is Nursing Home Abuse?
Nursing home abuse and neglect happen when a facility fails to provide adequate care, resulting in physical, emotional, or psychological harm to a resident. Abuse can be intentional, like hitting or yelling at a resident, or it can be neglectful—failing to respond to medical needs, not providing enough food or water, or ignoring signs of distress.
Some common forms of abuse and neglect include:
- Failure to provide medical care
- Ignoring personal hygiene needs
- Not responding to falls or injuries
- Emotional abuse by staff
- Overmedicating or improper medication use
- Bedsores from lack of repositioning
In many cases, families don’t learn the full story until it’s too late.
Red Flags to Watch For
If your loved one is in a nursing home, it’s important to stay involved and alert. Here are some warning signs of abuse or neglect:
- Unexplained bruises, wounds, or weight loss
- Sudden changes in behavior or mood
- Poor hygiene or unsanitary conditions
- Fearfulness around certain staff members
- Repeated hospital visits or infections
Trust your instincts. If something doesn’t seem right, it probably isn’t.
What Should You Do If You Suspect Abuse?
1. Speak to the Facility: Start by asking questions and expressing your concerns to nursing home management. Keep a record of the conversation.
2. Document Everything: Take photos, write down dates, and keep track of what you’re seeing or being told. This information can be crucial later.
3. Report It: Contact your state’s Long-Term Care Ombudsman and Department of Health or Licensing. These agencies can inspect facilities and open investigations.
4. Get Medical Help: If your loved one is in immediate danger, call 911 or take them to a hospital.
5. Call a Lawyer: An experienced nursing home abuse attorney can help you understand your legal rights and what to do next.
The Problem With Arbitration Agreements
Many nursing homes include arbitration clauses in their admission paperwork. These clauses force families to settle disputes privately, outside the court system. That means no jury, no public record, and limited accountability.
In Jacobs’ case, his son only spent 34 seconds reviewing the arbitration agreement—yet it blocked the family’s lawsuit from moving forward. Always read the fine print, and ask questions before signing any paperwork. Some states are considering laws to limit or ban forced arbitration in elder care settings.
Why Whistleblowers Matter
Without people like Tylene Schultz speaking up, many cases of abuse or neglect would never come to light. Whistleblowers often face retaliation, including job loss, threats, or blacklisting.
Federal and state laws protect workers who report abuse in healthcare settings. If you’re a nurse, aide, or staff member who witnesses neglect or mistreatment, you have a right to speak up without fear of punishment.
Holding Facilities Accountable
Care facilities have a legal duty to keep residents safe. When they fail—whether through lack of staffing, poor training, or neglect—they can and should be held accountable. Legal action not only helps the victim’s family but also pressures the facility to make real changes.
Nursing home abuse cases often uncover patterns: repeated violations, understaffing, or executives turning a blind eye to dangerous conditions. When lawsuits go public, it increases the chance of reforms and protects other residents from harm.
You Are Not Alone
If you’re reading this because you’re worried about a loved one, know that you are not alone. Every year, thousands of families face the heartbreak of nursing home abuse or neglect. But with the right help with a nursing home abuse lawyer, you can stand up, speak out, and seek justice.
How KBD Attorneys Can Help
At KBD Attorneys, we are committed to protecting the rights of nursing home residents and their families. We investigate abuse, file lawsuits against negligent facilities, and support whistleblowers who bravely come forward.
Our goal is simple: to hold wrongdoers accountable and to make nursing homes safer for everyone.
If you suspect abuse or neglect, don’t wait. Contact KBD Attorneys today for a free consultation.
