How often does nursing home abuse and neglect occur?
Despite laws that require nursing homes to maintain “the
highest practicable physical, mental, and psychosocial
well-being of each resident,” each year hundreds of
elderly or disabled nursing home residents become
victims of abuse and / or neglect. A study by the U.S.
General Accounting Office concluded that more than half
of the suspicious deaths studied in nursing homes were
probably due to nursing home neglect, including
malnutrition and dehydration.
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Nursing Home Abuse.
What are some actions that are considered abuse or
neglect by nursing homes?
- Improper diet
- Abandonment
- Willful desertion
- Physical abuse of any kind
- Failing to clean dressings or be clothes
- Bed sores from failure to turn the patient
- Any other treatment that has, or could, result
in physical harm, pain or mental suffering
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Nursing Home Abuse.
Why is there so much abuse?
Several factors have been shown to contribute to the
abuse or neglect of nursing home residents, including:
poorly qualified and inadequately trained staff; staff
with a history of violence; inadequate numbers of staff;
the isolation of residents; and, the known reluctance of
residents to report abuse out of embarrassment or fear.
Unfortunately, many living in nursing homes are unable
to properly communicate instances of nursing home
neglect and abuse because of their physical or mental
state.
> For more information:
Nursing Home Abuse.
What are some of the signs of abuse or neglect?
- Untreated
bedsores
- Open wounds, cuts, bruises or welts
- Torn clothing or broken personal items
- Bruises in a pattern that would suggest restraints
- Excessive and sudden weight loss
- Fleas, lice, dirt on elder or in the elder's room
- Abnormally pale complexion
- Fecal/urine odors
- Poor personal hygiene or other unattended health
problems
Do nursing home residents have any rights at all?
Residents of a facility that participates in the
Medicare program have the right, under statute, to be
free from verbal, sexual, physical and mental abuse, and
any physical or chemical restraint that is imposed for
purposes of discipline or convenience, rather than to
treat a medical condition. Restraints may be used only
upon the written order of a physician who specifies the
duration and circumstances under which the restraints
are to be used, and only to ensure the safety of the
resident or other residents. If a nursing home is not
regulated by federal statute, its residents will still
have rights under state laws, which will vary from state
to state.
> For more information:
Nursing Home Abuse.
What if the resident has no contract with the nursing
home?
He or she may still recover damages if abused. A
resident might have a cause of action that arises out of
negligent personal supervision and care, negligent
hiring and retention of employees, negligent maintenance
of the premises, or negligent selection or maintenance
of equipment. In addition, a nursing home resident who
has been abused can pursue damages for assault and
battery.
> For more information:
Nursing Home Abuse.
I suspect my father is being abused. What can I do?
First, notify the nursing home. Tell them that you are
documenting your concerns about what you have seen and
that you will report it. Be sure to follow up on your
threat. Then, contact a law firm experienced in nursing
home abuse cases, such as Peterson & Associates, P.C.
> For more information:
Nursing Home Abuse.
To whom do I report abuse?
The State Department of Health in your area. Include all
of the following information with your complaint:
- Name, address, and telephone.
- Your relationship to the resident in the nursing home.
- The resident’s full name and reason that he/she is in
the home.
- Times and dates that you observed the problems.
- Names of staff who may be involved, including those
that you have spoken to about your concerns.
- Any medical records relating to the abuse or an
autopsy if death occurred.
> For more information:
Nursing Home Abuse.
Should I contact an attorney about the situation?
Absolutely. If you are not getting satisfactory
responses or action from the home,
contact Peterson &
Associates, P.C.
> For more information:
Nursing Home Abuse.
How long does it take for a nursing home abuse case to
be settled, or for a verdict to be issued?
Most are settled before trial; others during litigation.
If it goes to trial, it could go on for a couple of
years.
> For more information:
Nursing Home Abuse
Nursing
Home Abuse Legal Glossary |
