Abuse and neglect are serious issues for elderly people in the United States. Many mechanisms exist on paper to protect America’s most vulnerable citizens from this type of harm. Unfortunately, our system is insufficient and broken, and millions of the elderly suffer at the hands of those entrusted with their care.
Nursing home neglect can have a negative impact on the health of residents. People need to be more aware of the warning signs of nursing home abuse and how to report it if someone has suffered as a result of neglect.
What is nursing home abuse?
Nursing home neglect and abuse occur when caregivers cause harm to the residents in their care. This could be deliberate or unintentional harm. Abuse and neglect in nursing homes cause trauma, medical malpractice, and even death.
Nursing home neglect and abuse are caused by inadequate training, understaffing, or staff burnout. These factors can cause caregivers to vent their frustrations to the people in their care. They may also ignore life-threatening situations such as strokes or falls.
If your loved one has been abused, you can take precautions to keep them safe. First, you should notify the appropriate authorities or the state adult protective services. Nursing home abuse attorneys can also help you seek financial compensation to cover medical expenses.
Current statistics on Nursing home abuse
The statistics on nursing home abuse and neglect are disturbing and may be more prevalent than people know.
Some significant statistics on nursing home abuse include:
- One in every three adults living in a nursing home has suffered abuse.
- Two in every three caregivers in a nursing facility have admitted to abusing nursing home residents.
- At least 85% of assisted living facilities have reported at least one case of abuse.
- The rates of elderly abuse increased during Covid -19.
Because of the world’s rapidly aging population, WHO predicts that cases of elderly abuse will rise in the future. To keep your family safe, you should educate yourself about nursing home abuse and neglect.
Types of Nursing Home Abuse
When looking at a nursing home, you should know that many types of abuse could occur there. Some examples include:
Physical Abuse:
When staff members strike or physically harm residents, this is considered abuse. Physical abuse can include physical restraints, hitting objects, pinching and poking with needles, or other forms of painful or injurious body contact.
Verbal Abuse:
Most people would be surprised to learn about verbal abuse because it is not commonly associated with nursing homes. Verbal abuse occurs when staff members use derogatory terms like “stupid” or “crazy” to make residents feel inferior or worthless. The goal here is to demonstrate to the resident that if they do not follow orders exactly as staff members do, they do not matter and will never amount to anything.
Financial Abuse
Financial abuse is the misuse of an individual’s assets or property by someone else. The abuser may use the money to pay for food, clothing, and other personal items. Financial abuse can also occur when a nursing home resident has their bank accounts or credit cards taken over by an employee.
Sexual Abuse
Sexual predators frequently prey on vulnerable patients in nursing homes and hospitals. Physical and sexual acts such as rape and sexual harassment are examples, as are verbal sexual acts such as offensive comments about body parts or sex. Sexual abuse is frequently concealed due to embarrassment and the fear of being punished for reporting it.
7 Ways to Prove Nursing Home Abuse Allegations
Whether its a pattern of abuse or a one-time occurrence, you can confirm home abuse allegations in the following ways:
Observing and taking record of abuse signs
If your loved one has suffered abuse, the will:
- An unexpected change in mood
- Dehydration and starvation
- have bruises, cuts, or fractured bones
- Withdraw
- Be uneasy in the presence of caretakers.
Request for medical and nursing home records
It can be difficult to determine a nursing home resident’s status. Medical and nursing home records can help you confirm allegations of abuse, neglect, or mistreatment.
The first step is to obtain the records from the facility where your loved one is being cared for. If the facility director or administrator refuses to release the records without a court order, you may need to file a court order.
After receiving copies of medical and nursing home records, you can review them for any red flags that indicate an incident.
Photographs
Before leaving their loved ones at the nursing home, family members must take photographs of them. This should include photos of the patient before and after their condition, as well as any other changes that occurred while they were in the nursing home. If an alleged case of abuse occurs, these photos can be used to provide evidence to a lawyer.
Witness Statements
A witness statement describes what happened during the alleged wrongdoing and how it affected the accused. This can assist family members in determining whether or not there was abuse or neglect, as well as determining whether or not other factors were involved in this situation.
Complaints to the Ombudsman
If you believe a nursing home facility has violated its policies and procedures, you can file a complaint with the Department of Health and Human Services Ombudsman’s Office. The Ombudsman investigates complaints about nursing homes, including allegations of neglect, abuse, and mismanagement.
Licenses and inspection
Previous state inspections may have resulted in citations indicating that the facility has a history of neglecting its residents. Nursing homes may advertise their services without being licensed in some cases. Nursing home abuse attorneys may be required to obtain the necessary documents.
Hiring an attorney
When proving cases of abusive nursing home care, numerous red tape is involved. You will need to obtain data from state governments and may need to compel the nursing home to provide documents.
A nursing home abuse lawyer can help you overcome these obstacles by gathering evidence for your case. Nursing home neglect is unethical and rarely reported.
Nursing Home Abuse Warning Signs
Recognizing the signs of nursing home neglect is critical if you want to protect your loved ones and avoid further harm. Physical abuse to emotional abuse is all signs of nursing home neglect.
Nursing home abuse signs include:
- Bedsores
- Bruises and burns
- Malnutrition and dehydration
- Dental and facial injuries
- Infections
- Drastic weight loss
- Unexplainable STDs
In the most severe cases, nursing home facility abuse results in wrongful death. Report nursing home abuse as soon as you see these signs.
Causes of Nursing Home Abuse
The causes of nursing home abuse are many and varied. The following are some of the most common ones:
Poorly trained staff
Abuse can occur when nursing home staff are not properly trained or do not have the necessary resources to provide quality care. These employees may be overworked and unable to provide the necessary level of care. Furthermore, they may be unfamiliar with how to properly handle certain situations and medications. Residents may be harmed or even killed as a result of someone who is supposed to be looking after them.
Inadequate staffing
Inadequate staffing is another cause of nursing home abuse. The number of staff members required varies according to the size and structure of a nursing home facility. Some facilities have more residents than others, which means that a nursing home administrator’s time is consumed by more patients on a daily basis. When there are too many residents for one administrator or caregiver, it can create an environment conducive to abuse because no one can spend as much time as needed with each resident individually to ensure their safety and well-being.
Inappropriate rules and regulations.
All staff members who work in the facility, as well as those who visit the nursing home on a regular basis to see their loved ones, should be aware of the rules and regulations. To prevent abuse, rules and regulations should be implemented. For example, no one should be allowed to become enraged at another resident, even if it is just for joking around.
Poor maintenance of property and equipment.
Improper equipment maintenance is one of many things that can lead to neglectful behavior on the part of nursing home staff members, such as a lack of towels or blankets, faulty equipment that needs to be repaired, broken toilets, and so on.
Mismanagement of finances by management staff members.
Nursing homes will often overspend their budget by purchasing items that are not needed for residents’ needs or buying items that are more expensive than necessary based on previous purchases from other suppliers.
Conflicts between residents and staff members.
There have been instances of nurses being attacked by residents who dislike their treatment or believe they are abusing drugs.
Risk Factors for Abuse in Nursing care facilities
Female patients:
Women are more likely to be abused than men, especially if they are frail or elderly.
Mentally ill patients:
People with mental illness are more vulnerable to abuse. This can include people who have been abused in the past, whose families have a history of abuse, and those diagnosed with schizophrenia or bipolar disorder.
Identifying as LGBTQ
LGBTQ+ individuals make up 1 in 6 nursing home residents, according to The National Center on Elder Abuse. This puts them at risk for abuse as they may be targeted by other residents who feel threatened by their sexuality or gender identity.
Being a veteran:
According to the U.S. Department of Veterans Affairs, veterans tend to experience higher rates of elder abuse than civilians. Nursing homes need to know about their veteran housing rights and privileges policies.
Who Is Legally Responsible for Nursing Home Neglect?
Abuse in nursing homes is a serious issue, especially if you are being abused. It can cause excruciating pain, suffering, and even death. If you suspect abuse in a nursing home, you must determine who is legally responsible for the abuse.
In general, the law states that a nursing home resident has the right to be free of physical and mental abuse at the hands of employees or other facility residents. However, certain types of violence against nursing home residents may be exempt from this rule. For example, suppose someone assaults or injures another resident while attempting to protect them from another resident’s assault. They may be held liable for the injuries caused by their actions in that case.
Some laws forbid residents from abusing one another. For example, if they live in a nursing home and have been stabbed by another resident. Your family has the right to file a lawsuit against the ALF for failing to protect its residents from violence.
Requirements of a nursing home abuse case
A case of nursing home abuse is a serious legal matter. Physical injuries, psychological trauma, financial loss, and disruption to family life may befall the victim of the crime. To pursue a nursing home abuse case, the victim must first understand the requirements for suing the nursing facility.
Damages
The most important requirement in a nursing home abuse case is that the defendant acted maliciously and with intent. The plaintiff must show that the caregivers were aware that they were causing the victim harm and did nothing to stop it.
In this case, the damages are usually related to the victim’s pain, suffering, and loss of quality of life. Furthermore, there may be additional costs associated with medical treatment.
Compensatory damages are intended to compensate the victim for all losses incurred as a result of the injury, as well as past and future medical expenses, lost wages, and other costs associated with injury recovery.
Breach of Duty
You must demonstrate that the defendant violated their duty to the plaintiff. This includes the obligation to provide safe and appropriate care, to keep them safe from harm, and to maintain a safe environment. Inadequate staffing levels, medication errors, or other deficiencies in care may constitute a breach.
Duty of Care
All residents must be cared for in a safe and effective manner by a nurse. The duty is not limited by whether or not the nurse is aware that something is wrong with a resident; rather, it applies whether or not symptoms are present or what may be causing them. The duty applies even if there are no signs that would have alerted a reasonable person to the fact that abuse was taking place, and even if no one else noticed anything wrong with the resident.
Causation
Causation between one party’s act or omission and injury or damages suffered by another party is the third requirement for a nursing home abuse case. This implies that there must be some link between one event and another, as well as proof of how these two events are linked.
How to Prevent Nursing Home Neglect
Nursing home abuse is a serious challenge that deserves attention. It cannot be easy to know where to begin to prevent it from happening, but there are several steps to take to safeguard yourself and your loved ones.
Check for criminal records of the nursing home
It is critical to investigate the history of any facility you intend to live in. Checking the state fines and penalties database and the FBI’s nationwide criminal history search engine is part of this. Look into any previous lawsuits filed against the facility, especially if they involved abuse or neglect.
Proper staffing and training
Nursing homes should have enough staff to meet the needs of each resident. Staff members should be properly trained in their areas of expertise, such as feeding, bathing, and toileting procedures; therapeutic activities, such as arts and crafts; and medical services, such as medication administration or wound care. Staff members should also be protected from abuse by enforcing policies that require residents or other staff members to report suspicious behavior.
Flexible care plans
The best way for a nursing home resident to receive quality care is through an individualized plan that meets their needs while allowing them freedom of movement within the facility.
Reporting Nursing Home Abuse
Nursing home abuse is frequently difficult to prove. Because of their legal status, nursing homes may be hesitant to report incidents of abuse and neglect, as well as for fear of retaliation from staff.
If you believe you are a victim of nursing home abuse or neglect, you must report it. Reporting will aid in the protection of other residents and the prevention of further harm.
How Do You Report Nursing Home Abuse?
There are two ways to report nursing home abuse: directly to the facility via a complaint form or through the nursing home complaint hotline.
Depending on the type of abuse and where it occurred in the facility, reporting anonymously may be impossible. For example, if patients are physically abused or neglected but not to the point of death, reporting anonymously may be difficult.
If you are unsure whether or not you can report anonymously in your situation, contact your state’s licensing agency for more information on how to report cases of alleged nursing home abuse.
Report nursing home neglect if a loved one is a victim of abuse.
Local Law Enforcement
A resident of a negligent nursing care facility can be removed by police or paramedics and transported to a safe location. Police will also conduct a criminal investigation to determine whether or not the nursing home violated any laws.
Adult Protective Services
Adult Protective Services (APS) is a government agency that helps vulnerable adults who have been abused, neglected, exploited, or mistreated by another adult. If you suspect your relative is being abused in a nursing home, contact the adult protective services hotline.
Long-Term Care Ombudsmen
The Long-Term Care Ombudsman Program assists people who are having difficulty receiving services from long-term care providers such as nursing homes and assisted living facilities.
The program’s staff advocates for and assists individuals who have been denied services by these providers due to their inability to pay. Ombudspersons are independent third-party advocates who are legally authorized to investigate complaints against long-term care facilities and make recommendations on their behalf.
Social service workers
A social worker can tell you if your loved one is being mistreated. Social workers have been trained to spot signs of abuse and neglect. They can also determine whether your loved one would benefit from improved supervision or additional services. If a social worker determines that your loved one is being abused or neglected in any way, they may advise you to file for guardianship so that you can make decisions on their behalf.
Nursing home abuse attorneys
If abuse has occurred, it is critical to contact a nursing home abuse lawyer who is familiar with how these cases are handled in court. By filing a nursing home abuse lawsuit against the facility and its employees who are responsible for the abuse, a lawyer can help you protect your rights as a parent and advocate for justice for your family member.
Consult a Personal Injury Lawyer from Spektor law for Nursing Home Abuse Cases
Many elderly patients in nursing homes are unable to make decisions for themselves, so it is up to their family members and loved ones to make them.
If your loved one has been abused in a nursing home, you should contact a personal injury lawyer from Gregory Spektor & Associates for Nursing Home Abuse Cases. This is due to the fact that not all injuries are the same, and each case should be handled differently based on what occurred during the incident.
Our injury lawyers will work hard to get you the compensation you deserve for your injuries and damages caused by a nursing home facility’s negligence or wrongdoing. If you believe a nursing home employee has harmed a family member, please call us at 1(800)-318-8888.
