Nursing Home Abuse
What are the causes of nursing home abuse and neglect?
What are the different types of nursing home abuse and neglect?
What are some recognizable signs that nursing home abuse and neglect could be occurring?
How can I choose a safe nursing home for my loved one?
If I suspect nursing home abuse or neglect, what should I do?
What can I do to protect my loved one from abuse or neglect while in a nursing home facility?
How prevalent is nursing home abuse or neglect?
What should I do if my rights (or those of a family member) are violated?
How can nursing home falls be prevented?
Can a nursing home evict a resident?
What are the causes of nursing home abuse and neglect?
Often, nursing homes failed to hire enough or enough qualified facility staff members. Using under qualified, insufficiently trained, and overworked staff members can result in nursing home abuse and neglect. Sadly many residents are unable to communicate instances of nursing home abuse or neglect because of their physical or mental limitations.
What are the different types of nursing home abuse and neglect?
Nursing home abuse and neglect exists in many different forms. Some common abuses are:
- Physical Abuse: Cuts, abrasions, burns, bruises, welts, wounds, unexplained or hidden injuries, and unnecessary physical or mental restraints
- Mental Abuse: Depression, fear agitation, withdrawal, hesitancy, sudden behavior changes, strange behavior patterns, disorientation, confusion, isolation, unwillingness to communicate, or rude, humiliating or derogatory comments made by staff members
- Financial Abuse (or Exploitation): Missing or stolen money or property, radical changes in handling of personal financial affairs, sudden selling of property
- Neglect: Unsanitary environment, malnutrition, bed sores, dehydration, smells of urine or feces, poor personal hygiene, untreated medical conditions, unkempt appearance
What are some recognizable signs that nursing home abuse and neglect could be occurring?
- Untreated bedsores or frozen joints
- Unexplained bruising or bruising in a pattern that would suggest restraints, cuts, burns, sprains, fractures, or open wounds
- Unexplained or sudden weight loss
- Fleas, lice, ants, or dirt on the elder or in the elder's room
- Odors of feces or urine
- Poor personal hygiene
- Over-medication
- Torn clothing or broken personal items
- Unexplained genital infections/diseases or vaginal/anal bleeding
- Sudden changes in behavior
- Staff refusing to allow the resident visitors or unexplained delays in allowing visitors to see the resident
- Unexplained lost possessions
- Sudden large, unexplained withdrawals from bank accounts or changes in baking habits
- Sudden, unexplained changes in Will or other important financial documents
How can I choose a safe nursing home for my loved one?
While there is no sure fire way to choose a safe nursing home for your loved one, there are some simple steps you can take to better ensure the safety of your loved one. Ask questions and watch for signs at the facility to help prevent abuse or neglect from occurring. Some questions you can ask at the facility are:
- Are the facility and current administrator licensed?
- Does the facility conduct timely background checks on all staff members?
- Does the facility have nursing home abuse and neglect training?
- How often is In-Service training offered?
- Does the facility have a special services unit?
If I suspect nursing home abuse or neglect, what should I do?
If you suspect your loved one is being abused or neglected, contact us at (888) 317-2525 or locally at (314) 878-9797. We can provide you with legal advice and can answer any nursing home abuse or neglect question you may have.
What can I do to protect my loved one from abuse or neglect while in a nursing home facility?
To help prevent nursing home abuse and neglect, you need to be actively involved in your loved one's care. Visit your loved one regularly and watch for the following signs of abuse or neglect:
- Dehydration, unusual weight loss, poor hygiene, bedsores, and unsanitary or unsafe living conditions
- Unexplained physical injury, such as broken bones, falls, sprains, cuts, or bruising
- Unexplained emotional or behavioral changes
- Unexplained, sudden changes in finances
If you suspect a problem, report it immediately.
How prevalent is nursing home abuse or neglect?
Sadly, the problems is widespread. According to the Special Investigations Division of the House Government Reform Committee, the results of a 2001 survey revealed that 30% of U.S. nursing home facilities, which is approximately 5,283 facilities, were cited for nearly 9,000 incidents of abuse between January 1999 and January 2001.
What should I do if my rights (or those of a family member) are violated?
Every nursing home has a legal obligation to provide quality care and a safe environment for its residents. You can file a complaint with the Arkansas Office of Long Term Care Investigations (OLTC) or you can contact our office at (888) 317-2525 if you suspect that you or a family member has suffered abuse or neglect while a resident at a nursing home facility.
What are your rights?
You have the right to:
- Medical care and treatment
- Compensation for pain and suffering
- Compensation for a disability
- Compensation for lost income
- Compensation for disfigurement
- To be made whole through monetary compensation
- To have your property replaced
- To be reimbursed for all out-of-pocket expenses due to nursing home abuse or neglect
What should you do first if you or your loved one is injured or neglected while a resident of a nursing home facility?
You should:
- Seek medical treatment
- Take photographs of any injuries and the scene of the accident or injury
- Write down the names of any witnesses to the accident or injury, along with their address and telephone number
- DO NOT give any statements
- DO NOT sign any papers
- DO contact an attorney for advice
How can nursing home falls be prevented?
Having adequate staffing at the facility can help prevent nursing home falls. When staff members are available to help residents with activities of daily living, such as getting in and out of bed, that can help prevent falls. It is important that facility staff members timely respond to call lights to avoid a potential fall. Alarms that alert staff when a patient who needs assistance attempts to leave a bed or get out of a chair unassisted are available to use. Residents who are not steady on their feet can be provided extra padding for their hips to prevent a break in the event of a fall. Nursing home staff can lower beds, add bed rails to beds, and add side alarms to beds to help prevent a resident from getting up alone and possibly falling.
Can a nursing home evict a resident?
Nursing home residents can only be discharged for the following reasons:
- Failing to make payments as agreed;
- Posing a danger to other residents;
- Requiring special medical treatment or attention that the facility is not capable of providing; and
- Condition is improved and the facility is no longer needed.
If you are a nursing home resident and have been discharged, you have the right to appeal any discharge.
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