Personal Injury

Many of us depend on nursing homes to assist us with the care of our aging family members. We hope and expect that these centers treat our loved ones with the utmost care and respect and, while many facilities are providing such care, nursing home abuse occurs at alarming rates and appears to be on the rise in the US. Read on to learn more about the incidence of nursing home abuse in America, the types of abuse that occur, how to detect such abuse, the causes of nursing home abuse, and how to get help if you or a loved one has been victimized by this tragic and unacceptable type of elder abuse.

 

The Incidence of Nursing Home Abuse in America

 

All recent investigations of nursing home abuse indicates that this societal problem is on the rise. This is a major problem as 1.5 million Americans are currently living in professional nursing facilities and a higher percentage of the aging population are expected to require such care in the coming decades. The following are the most important facts about nursing home abuse and its incidence in the United States.

• Number of homes and violations: A Congressional report found that 5,282 US nursing homes—or a startling 30%-- were found guilty of 9,000 incidents of nursing home abuse violations between 1999 and 2001 alone.
• Serious violations: Over 2,500 of these incidents were serious enough to cause physical injury or place residents in immediate jeopardy of serious injury or death.
• Abuse on the rise: According to the same report, over two times as many cases of nursing home abuse were reported in 2000 than in 1996.
• Importance of formal complaints: Over 40% of the abuse violations were made after a family member, resident, or community advocate filed a formal complaint.
• Gross underreporting: Experts fear that nursing home abuse is grossly underreported, leaving thousands of nursing home residents vulnerable to the grave abuses of culpable caretakers.

Types of Nursing Home Abuse

 

Nursing home residents can suffer abuse in a variety of forms. They include:

 

Physical Abuse:

Physical nursing home abuse is thought to account for only 15% of all cases of nursing home abuse. Though physical abuse is not the most prevalent form, it is often the most dangerous. It is also the most easy to detect. Physical nursing home abuse includes any beating, pushing, hitting, shaking, kicking, punching, burning, dropping, or inappropriate straining of a nursing home resident either by a fellow resident, a nursing home employee, or a family member. Physical abuse in nursing homes may also include such offenses as forced feeding, forced medication or over medication, and sexual abuse.

 

Emotional Abuse:

Nursing home abuse is not always physical. Emotional and psychological abuse is far more common, often just as injurious, and certainly just as unacceptable. Nursing home abuse that harms residents emotionally or psychologically can include threats, intimidation, belittling, isolation, harassment, verbal abuse, name calling, or other insults on behalf of other residents or staff.

 

Nursing Home Neglect:

In addition to injurious actions taken against nursing home residents, nursing home abuse can also include neglect, or the failure to properly care for the needs and well being of nursing home residents. Every resident of a nursing home has the right to timely and sufficient care of their physical, emotional, cognitive, and related needs. Neglect can lead to serious injury or death caused by inadequate hygiene, unsanitary living conditions, untreated infections or illnesses, failure to provide adequate food, water, and medications, and more.

 

Other Forms of Nursing Home Abuse:

In addition to physical and emotional abuse and failure to provide proper care (neglect), nursing home abuse can also include abandonment, exploitation, sexual abuse and financial abuse. Some experts believe that financial abuse is one of the fastest growing types of nursing home abuse.

Read on to learn about how to detect these forms of nursing abuse.

 

How to detect Nursing Home Abuse

 

Oftentimes, nursing home abuse violations are made only after residents, family members, or other advocates have detected the abuse and filed a complaint. The following are possible indications that nursing home abuse is taking place:

 

Nursing home abuse warning signs:

• Unexplained injuries including broken bones, cuts, bruises, welts, or burns; especially symmetrical injuries or those on bodily areas normally covered by clothing.
• Unexplained or rapid weight loss or gain
• Signs of malnutrition or dehydration
• Poor skin condition
• Poor personal hygiene
• Bed sores (also called pressure sores)
• Broken or damaged personal items, such as eyeglasses
• Missing jewelry, money, and other personal belongings
• Signs of fear, denial, helplessness, agitation, withdrawal, confusion, anxiety or depression in the resident
• Signs of dementia, including rocking, biting, sucking, memory loss, and confusion (patients with dementia are often at a greater risk for nursing home abuse because they are often more challenging to care for and because they are more vulnerable)
• Family members or friends are refused visits by caregiver
• Caregiver appears agitated, suffers low self esteem, is burnt out or overworked
• Signs of overdose
• Signs of untreated illness or injury

Causes of Nursing Home Abuse

 

While nursing home abuse is never tolerable, it is helpful to understand the factors that contribute to these wrongdoings. One of the most common reasons for nursing home abuse is caregiver stress and lack of resources. Nursing homes are often understaffed putting undue strain on those who do work at these facilities. Long hours, constant stress, lack of sleep, burnout and lack of support can all contribute to a climate where abuse is more likely. Many of these workers are also underpaid, which in turn contributes to a high turn over rate, with many employees inadequately screened and trained.

 

Lack of proper screening, including criminal background checks, is a gross instance of negligence that can contribute to nursing home abuse. In light of alarming rates of abuse and inadequate reporting, many laws have been proposed to push for more stringent background checks and higher standards for nursing home employees.

 

Infrequent inspections and lack of adequate oversight can also be to blame for enabling abuse to occur without consequence. Lawmakers are trying to make more stringent laws so that nursing homes are held more accountable for the actions that take place in their facilities.

 

While awareness of nursing home abuse is growing and people are trying to address this serious issue, nursing home abuse still occurs at an alarming rate in our country. Read on to learn more about what you can do.

 

How to Get Help

 

If you are the victim of abuse or suspect that a family member is the victim of nursing home abuse, there are ways to seek help. It is important to report abuse when you suspect it is occurring. In most communities, Adult Protective Services is responsible for accepting and investigating cases of nursing home abuse. There are also special state and local agencies charged with similar duties. You may wish to use the phone directory to locate such services under “Aging Services” or “Social Services.”

 

You can also contact a legal professional who can help you determine the best course of action. A legal professional can help you every step of the way, from learning where and how to report abuse, to filing a personal injury claim to seek compensation for your losses and suffering.

 

The highly trained and respected team of personal injury attorneys at Aitken Aitken & Kohn are available to help you through this sensitive and troubling situation by protecting and exercising your legal rights. To learn more about how they can help, please contact us.

3 MacArthur Place, Ste 800
Santa Ana, California, 92707
Toll Free: 866-434-1424

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