Nursing home abuse and neglect is a silent epidemic affecting our most vulnerable citizens. This article will help you understand the different forms of abuse and neglect, and recognize the warning signs, such as unexplained injuries or sudden behavioral changes. We’ll also empower you with knowledge of patient rights and steps to take if you suspect care deprivation which leads to nursing home abuse and neglect, including potential legal action. Finally, we’ll offer guidance on choosing a safe and reputable facility to proactively protect your loved ones.
What is Nursing Home Abuse & Neglect?
Nursing home neglect occurs when a facility or its staff fail to provide adequate care, resulting in harm or the risk of harm to a resident. Neglect can stem from a lack of awareness, resources, or ability to provide proper care. However it’s important to know that sometimes neglect is on purpose—staff may intentionally withhold care.
Nursing home abuse, on the other hand, involves active mistreatment that causes harm. While neglect is often an act of omission (failing to do something), abuse is an act of commission (actively doing something harmful). Abuse can manifest in various forms, including: physical, emotional, and sexual abuse.
Both abuse and neglect are serious problems in long-term care facilities, skilled nursing facilities, and rehab centers. Nursing home residents are particularly vulnerable to neglect, and if these situations of abuse or neglect are left unaddressed, they can lead to severe health issues or even death.
Why Does Nursing Home Abuse or Neglect Occur?
Unfortunately, nursing home abuse and neglect are prevalent due to a variety of factors, such as:
- Understaffing: Too few staff members to adequately care for residents.
- Inadequate Training: Staff may not be properly trained to handle the complex needs of residents.
- Burnout: High stress and workload due to understaffing can lead to staff exhaustion, impacting their ability to provide care.
- Negligent Hiring: Failure to properly vet staff can lead to hiring individuals who may be prone to abusive behavior.
- Financial Constraints: Nursing home companies that prioritize profits over patients.
- Lack of Oversight: Insufficient monitoring and enforcement of standards can allow abuse to go unchecked.
- Systemic Issues: An environment that does not prioritize resident dignity and safety.
- Lack of Accountability: If we don’t deal with neglect and abuse, they’re likely to happen again.
- Isolation of Residents: Limited contact with family or outsiders can make it easier for abuse to remain hidden.
The Various Forms of Nursing Home Abuse & Neglect
Nursing home abuse and neglect manifests in several ways, each with potentially severe implications for residents. Abuse or neglect often remain hidden, making it challenging for family members to address effectively.
- Neglect and Abandonment: occur when caregivers fail to provide adequate care and monitoring. This includes ignoring basic needs like food, hygiene, or medical attention, failing to provide appropriate supervision, and failing to maintain a safe environment. Such neglect can lead to deterioration in health and well-being.
- Physical Abuse: involves bodily harm. This includes actions like hitting, slapping, pushing, or improperly restraining residents. Such abuse can lead to serious injuries or even fatalities.
- Emotional and Psychological Abuse: attacks the mental state of residents. It includes intimidation, verbal assaults (yelling, insulting, or humiliating residents), and isolation. These actions can lead to severe emotional distress and anxiety.
- Sexual Abuse: is a gross violation that involves unwanted sexual interactions which leave lasting trauma. Any form of unwanted sexual contact or advances fall under this category.
- Financial Exploitation: involves misusing, stealing, or exploiting a resident’s assets or financial resources. Perpetrators may manipulate or deceive seniors to gain access to their funds. This abuse can severely impact residents’ financial stability.
Recognizing the Signs of Nursing Home Abuse & Neglect: Resident Red Flags
It can help to know the red flags that can point to each type of neglect or abuse, which are vital for detection:
- Neglect: Poor personal hygiene, or unexplained weight loss, or injuries with no explanation, or injuries resulting from poor supervision.
- Physical Abuse: Unexplained injuries like bruises, cuts, or fractures need immediate investigation. Frequent trips to the ER visits to healthcare facilities without clear reasons also suggest problems.
- Emotional Abuse: Sudden changes in mood or behavior.
- Sexual Abuse: Bruises around private areas or unexplained STDs.
- Financial Exploitation: Sudden changes in financial documents.
Residents may also have subtle behavior changes as a sign of neglect or abuse. Victims may exhibit fear or reluctance to interact with staff. Increased anxiety, aggression, depression, or emotional withdrawal may signal abuse.
Here are some critical red flags which should not be ignored:
- Severe pressure sores that are infected and draining pus.
- Your loved one reports unanswered calls for help from staff
- Your loved one requires treatment from a wound care nurse or doctor.
- Your loved one has suffered a noticeable weight loss or dehydration.
- Your loved one has fallen multiple times and suffered a fracture.
- You’ve been forced to call 9-1-1 for your loved one because the nursing home ignored your pleas for assistance.
- Your loved one has been sent to the Emergency Room multiple times in a short period.
- Your loved one experiences an injury that results in a long hospitalization or death.
- Unexplained bruises, cuts, or any injuries without a justifiable cause could signal neglect and/or physical abuse.
- Failure to notify the doctor of infections or changes in medical conditions can lead to serious complications.
- Serious medication errors can have dangerous health implications.
- Marks and/or your loved one’s report of being restrained points towards abusive practices.
- Your loved one’s report of abuse or assault.
- Unexplained changes to your loved one’s physical or mental status.
These alarming signs can result in severe harm—including death. It’s crucial to seek legal help before the statute of limitations expires. Our law firm has over a century of combined experience fighting against nursing home neglect and abuse and is committed to ensuring victims and their families receive the justice they deserve.
Prompt attention and communication with residents can unveil uncomfortable truths. Understanding these indicators is the first step in preventing further harm and ensuring the protection of loved ones.
It’s crucial to spot nursing home neglect and abuse early on, but sadly, that can be tough. Why? Because corporations can prioritize profits over care and may even try to hide the truth. They don’t always have your loved one’s best interests at heart.
Environmental and Administrative Red Flags
- Environmental neglect can be a sign of broader neglect or abuse issues. Unsanitary conditions or lack of cleanliness point towards neglect. A facility with poor maintenance might compromise residents’ well-being.
- Administratively, irregularities in records or missing documentation might signal financial abuse. Access to records and understanding of residents’ finances can prevent mismanagement. Unwarranted changes in legal documents or accounts need a cautious approach.
Investigating these red flags is crucial. Families should seek clarity on unexplained administrative actions. A proactive approach can deter abuse and ensure accountability within the facility.
Families can help ensure the safety and dignity of their loved ones in nursing homes.
Understanding Patient Rights
Understanding patient rights in nursing homes can help protect your loved one.
- Residents have the right to a safe environment, free from abuse and neglect.
- Residents have the right to be treated with dignity and respect.
- Residents have the right to complain and voice grievances.
- Residents have the right to receive adequate and appropriate care.
Tips to Safeguard Nursing Home Resident’s Rights
During the nursing home admission process, you’ll likely be asked to sign paperwork. Carefully read before signing or consult an attorney. ONLY SIGN DOCUMENTS REQUIRED FOR ADMISSION! Many nursing homes add Arbitration Agreements into their admission paperwork. The language of an Arbitration Agreement says it is voluntary. When signed, it can take away certain rights from residents, leaving them vulnerable. DO NOT SIGN AN ARBITRATION AGREEMENT WITHOUT FIRST SPEAKING TO AN ATTORNEY.
Robin, whose brother was a nursing home resident, shared this important advice after their experience with a case represented by Marks Balette Young & Moss:
“I want people to understand that you have to read everything. Make sure you understand all the paperwork given to you. Because you may be unaware that you could be signing something that takes away your loved ones’ rights.”
Legal Actions and Seeking Justice
Nursing home neglect and abuse is a serious offense and those responsible should be held accountable. If you suspect your rights or the rights of a loved one have been violated, we can help. Contact Marks Balette Young & Moss today for a free consultation. We can help you hold abusers accountable and recover damages.