Click here to find a nursing home abuse lawyer in your area and learn your legal rights.

 

Legal Counsel
Click here to find a nursing home abuse lawyer and learn your legal rights.

By asking questions and looking for certain signs at the facility you can better prevent unnecessary instances of elder abuse from occurring. Here are a few questions you can ask the facility (information from Medicare):

  1. Is the home and the current administrator licensed?

  2. Does the home conduct background checks on all staff?

  3. Does the home have special services units?

  4. Does the home have elder abuse prevention training?

A 1998 study conducted by the U.S. General Accounting Office (GAO) concluded that more than half of the suspicious deaths studied in nursing homes were probably due to elder abuse and neglect, including malnutrition and dehydration.


Elder Abuse: Major Types
some information from the National Center of Elder Abuse

1. Physical Elder Abuse
2. Sexual Elder Abuse

3. Emotional or Psychological Elder Abuse
4. Elder Abuse and Neglect
5. Abandonment
6. Financial or Material Exploitation
7. Self-neglect

1. Physical Elder Abuse
Physical elder abuse is the use of physical force that may result in bodily injury, physical pain, or impairment. Physical elder abuse may include acts of violence like striking, with or without an object, hitting, beating, pushing, shoving, shaking, slapping, kicking, pinching, and burning. The inappropriate use of drugs and physical restraints, force-feeding, and physical punishment of any kind also are examples of physical elder abuse.

Back to Top

Signs and symptoms of physical elder abuse include but are not limited to:

  • bruises, black eyes, welts, lacerations, and rope marks
  • bone fractures, broken bones, and skull fractures
  • open wounds, cuts, punctures, untreated injuries in various stages of healing
  • sprains, dislocations, and internal injuries/bleeding
  • broken eyeglasses/frames, physical signs of being subjected to punishment, and signs of being restrained
  • laboratory findings of medication overdose or under utilization of prescribed drugs
  • a nursing home resident’s report of being hit, slapped, kicked, or mistreated
  • nursing home resident’s sudden change in behavior
  • the nursing home worker’s refusal to allow visitors to see a nursing home resident alone

Back to Top

2. Sexual Elder Abuse
Sexual elder abuse is defined as non-consensual sexual contact of any kind with a nursing home resident. Sexual contact with any person incapable of giving consent is also considered sexual elder abuse. It includes but is not limited to unwanted touching, all types of sexual assault or battery, such as rape, sodomy, coerced nudity, and sexually explicit photographing.

Signs and symptoms of sexual elder abuse include but are not limited to:

  • bruises around the breasts or genital area
  • unexplained venereal disease or genital infections
  • unexplained vaginal or anal bleeding
  • torn, stained, or bloody underclothing
  • a nursing home resident’s report of being sexually assaulted or raped

Back to Top

3. Emotional or Psychological Elder Abuse
Emotional or psychological elder abuse is defined as the infliction of anguish, pain, or distress through verbal or nonverbal acts. Emotional/psychological elder abuse includes but is not limited to verbal assaults, insults, threats, intimidation, humiliation, and harassment. In addition, treating a nursing home resident like an infant; isolating a nursing home resident from his/her family, friends, or regular activities; giving a resident the "silent treatment;" and enforced social isolation are examples of emotional/psychological elder abuse.

Signs and symptoms of emotional/psychological elder abuse include but are not limited to:

  • being emotionally upset or agitated
  • being extremely withdrawn and non communicative or non responsive
  • unusual behavior usually attributed to dementia (for example, sucking, biting, rocking)
  • a nursing home resident’s report of being verbally or emotionally mistreated

Back to Top

4. Elder Abuse and Neglect
Neglect is a type of elder abuse defined as the refusal or failure to fulfill any part of a worker's obligations or duties to a nursing home resident. Neglect and elder abuse in nursing homes may also include the failure to provide necessary care. Neglect typically means the refusal or failure to provide a nursing home resident with such life necessities as food, water, clothing, shelter, personal hygiene, medicine, comfort, personal safety, and other essentials included in an implied or agreed-upon responsibility to a resident.

Signs and symptoms of elder abuse and neglect include but are not limited to:

  • dehydration, malnutrition, untreated bedsores, and poor personal hygiene
  • unattended or untreated health problems
  • hazardous or unsafe living condition/arrangements (for example, improper wiring, no heat, or no running water)
  • unsanitary and unclean living conditions (for example, dirt, fleas, lice on person, soiled bedding, fecal/urine smell, inadequate clothing)
  • a nursing home resident’s report of being mistreated

Back to Top

5. Abandonment
Abandonment in the form of elder abuse is the desertion of a nursing home resident by a nursing home worker, who has assumed responsibility for providing care for the resident.


Signs and symptoms of abandonment include but are not limited to:

  • the desertion of a nursing home resident
  • the desertion of a nursing home resident at a public location
  • a nursing home resident’s own report of being abandoned

Back to Top


6. Financial or Material Exploitation
Financial or material exploitation is the illegal or improper use of a nursing home resident’s funds, property, or assets. Examples of this elder abuse include, but are not limited to, cashing a nursing home resident’s checks without authorization/permission; forging a resident's signature; misusing or stealing a resident’s money or possessions; coercing or deceiving a resident into signing any document (contracts or will); and the improper use of conservatorship, guardianship, or power of attorney.

Signs and symptoms of financial or material exploitation include but are not limited to:

  • sudden changes in bank account or banking practice, including an unexplained withdrawal of large sums of money by a person accompanying the nursing home resident
  • the inclusion of additional names on a nursing home resident’s bank signature card
  • unauthorized withdrawal of the nursing home resident’s funds using the resident's ATM card
  • abrupt changes in a will or other financial documents
  • unexplained disappearance of funds or valuable possessions
  • substandard care being provided or bills unpaid despite the availability of adequate financial resources
  • discovery of a nursing home resident’s signature being forged for financial transactions or for the titles of his/her possessions
  • sudden appearance of previously uninvolved relatives claiming their rights to a nursing home resident’s affairs and possessions
  • the provision of services that are not necessary
  • a nursing home resident’s report of financial exploitation.

Back to Top

7. Self-neglect
Self-neglect is characterized as the behavior of a nursing home resident that threatens his/her own health or safety. Self-neglect is elder abuse that generally manifests itself in a resident as a refusal or failure to provide himself/herself with adequate food, water, clothing, shelter, personal hygiene, medication (when indicated), and safety precautions. The definition of self-neglect excludes a situation in which a mentally competent nursing home resident, who understands the consequences of his/her decisions, makes a conscious and voluntary decision to engage in acts that threaten his/her health or safety as a matter of personal choice.

Signs and symptoms of self-neglect include but are not limited to:

  • dehydration, malnutrition, untreated or improperly attended medical conditions, and poor personal hygiene
  • hazardous or unsafe living conditions/arrangements (for example, improper wiring, no indoor plumbing, no heat, no running water)
  • unsanitary or unclean living quarters (for example, animal/insect infestation, no functioning toilet, fecal/urine smell)
  • inappropriate and/or inadequate clothing, lack of the necessary medical aids (for example, eyeglasses, hearing aids, dentures)
  • grossly inadequate housing
 

Nursing Home Abuse Helpful Links

National Citizen’s Coalition For Nursing Home Reform

Friends and Relatives of Institutionalized Aged

American Health Care Association

Association for the Protection of the Elderly

A Perfect Cause


Omnibus Budget Reconciliation Act of 1987 (OBRA 87)
OBRA 87 requires that the facility provide each patient with care that will enable the patient "to attain or maintain the highest practicable physical, mental and psychosocial well-being."

Omnibus Budget Reconciliation Act of 1990 (OBRA 90)
The Patient Self Determination Act covers all long-term care facilities that participate in Medicare or Medicaid.

nursing home abuse lawyer personal injury lawyer nursing home abuse lawyer
 
read more: