Nursing Home Abuse Handbook
What is Nursing Home Abuse
Due to the influx of more elderly people from the Baby Boomer generation and the improvements in medicine that help keep people alive longer, more elderly individuals are in nursing homes than ever before. Unfortunately, this increase in nursing home patients also increases the likelihood that these patients may experience nursing home abuse. The National Center on Elder Abuse says that it is impossible to know how many people truly suffer from abuse at the hands of their caregivers. However, it says that in the most recent major study, approximately 10 percent of respondents said that they had been abused.
When a loved one is being abused, there are steps that you can take to protect him or her. The information in this handbook can help you identify abuse and take the steps necessary to protect your loved one.
Types of AbuseUnfortunately, there are many types of abuse and mistreatment of elderly individuals. Abuse may take on one or more of the following forms:
Physical abuse is the non-accidental use of physical force that can result in pain, bodily injury or impairment.
It may include acts like the following:
·Hitting the patient
·Using an item to hit the patient
·Pushing the patient
·Pinching the patient
·Shaking the patient
·Burning the patient
·Overmedicating the patient
·Force-feeding the patient
·Misusing physical restraints
·Confining the patient
·Imposing physical punishment on the patient
Physical abuse is usually the easiest form of nursing home abuse to spot due to physical manifestations. However, patients often do not report it or cover it up because they are afraid of the consequences.
Common signs of physical abuse include:
·Unexplained physical injuries, including broken bones, bruises, welts, black eyes, sprains, cuts, lacerations or open wounds
·Restraint marks around the wrists and ankles
·Multiple untreated injuries
·Laboratory results that show overmedicating or under-medicating
·Patient’s reports of abuse
·Sudden request to spend more time with family
·Sudden change in the patient’s behavior
·Isolation of the patient by caregiver
Due to their vulnerability, elderly individuals are sometimes sexual targets. Sexual abuse is any type of non-consensual sexual contact. This definition expands to patients who do not have the capacity to give consent due to physical or mental health limitations.
Sexual abuse includes:
·Taking unwanted sexually explicit photographs
·Showing the elderly individual sexually-explicit
images or video
·Sexual assault or battery
Common signs of sexual abuse include:
·Bruising around the private areas
·Unexplained sexually transmitted diseases
·Vaginal or anal bleeding
·Torn or bloody clothing
A caregiver may also emotionally abuse the patient by treating him or her in a manner that results in emotional pain, anguish or distress through verbal or nonverbal acts.
Examples of emotional abuse include:
·Making threats against the patient
·Yelling at the patient
·Humiliating or ridiculing the patient
·Insulting the patient
·Harassing the patient
·Infantilizing the patient
·Isolating the patient
·Ignoring the patient
Signs of emotional abuse include:
·Patient is emotionally upset or agitated
·Sudden change in personality, including being withdrawn and non-communicative
·Regressive behaviors, such as rocking, sucking or biting
·Patient is not permitted to interact with other patients during social activities
Financial abuse is the unauthorized use of an elderly individual’s funds, assets or property.
Some examples of financial abuse include:
·Cashing unauthorized checks
·Misusing the patient’s credit cards
·Stealing money, property or checks
·Forging the patient’s signature
·Coercing or tricking the patient to sign a legal document such as power of attorney, a contract or a will
·Stealing the patient’s identity
·Improperly using conservatorship or guardianship
Signs that financial abuse is occurring include:
·Unexplained transfers to someone outside the family
·Other sudden changes in bank account practices
·Significant change in credit
·Bills going unpaid or an account overdrafting when these problems did not previously occur
·An additional name on a patient’s bank account
·Forged signatures on legal documents
·Abrupt changes in a will or other legal documents
Another form of elder abuse is healthcare abuse. This occurs when a nurse, doctor, care provider or other such individual commits any of the following acts:
·Charging for healthcare but not providing it
·Getting financial incentives to prescribe certain drugs and doing so when not necessary
·Overcharging for healthcare services
·Overmedicating the patient
·Making medical recommendations based on financial incentives
Signs of healthcare abuse include:
·Lab reports of overmedication
·Inadequate care to the patient despite paying all medical bills in full
·Overcrowding in the nursing home
·High staff turnover rate
·Lack of proper training
·Low wages for caregivers
·Inadequate responses to healthcare questions
While neglect is different than abuse, it creates liability on the part of the nursing home. Neglect is the failure to provide the care necessary to the patient as required by his or her duties. This can include failing to provide the patient with necessities such as food, water, clean clothing, habitable conditions, medicine and personal safety.
Some examples of nursing home neglect and signs of neglect include:
·Unsuitable clothing for the weather
·Poor personal hygiene
·Failure to provide treatment for health problems
·No running water, improper wiring, fire hazards or no heat
·Dirty living conditions, including soiled bedding, smell of feces or urine, bed bugs, fleas or lice
Nursing home abuse and neglect are very serious matters and any reports from the patient regarding abuse should be taken seriously. Signs of nursing home abuse and neglect are often dismissed as signs of dementia or of the patient’s frail nature. However, the rate of nursing abuse is alarming. Taking such reports seriously is the first step to helping stop future abuse.
Legal ClaimsNursing home abuse and neglect lawsuits may be based on intentional acts or unintentional acts in the case of neglect.
Legal claims may arise in the following situations:
·Patient falls and suffers physical injury
·Patient has untreated bed sores and pressure ulcers
·Patient was dehydrated or malnourished
·Patient was physically or sexually assaulted by caregiver
·Patient did not receive proper medical care from staff or nursing home
·Patient is over sedated
·Mistakes are made in patient’s medication
·Development of STDs or urinary tract infection
·Lack of supervision
Basis for Legal ClaimsThe primary basis for a legal claim against the nursing home is the duty that it has to ensure adequate care of the elderly patient. This duty arises out of the contractual relationship and by virtue of the fact that the nursing home is receiving payment in exchange for providing such care. Additionally, there are state and federal laws that regulate the level of care that nursing homes must provide.
If the nursing home receives payments through Medicare, it has a duty to ensure that:
·Patients are free of accident hazards as much as possible
·Patients receive adequate supervision and devices geared to prevent accidents
The basis for liability can arise out of a number of different scenarios, but some of the most common behaviors in which civil liability may arise are:
Nursing homes must perform due diligence when hiring someone who will be in close proximity to a vulnerable population such as the elderly. Negligent hiring occurs when an employer fails to check into an employee’s credentials or background and that employee later turns out to neglect or abuse the patient. Negligent training allegations are similar but focus more on the lack of providing necessary training to the employee after he or she was hired.
Some nursing home abuse allegations arise from a claim that the nursing home did not hire enough staff or properly supervise staff, which contributed to the patient’s injury.
Failing to Keep the Premises Safe
The nursing home has the duty to keep the home safe from any known hazards. Additionally, it has the duty to inspect the premises to uncover any unknown dangers and to quickly repairing these hazards. This can include the duty to prevent slips and falls, as well as prevent a scenario in which one patient can be a danger to another.
Failing to Maintain a Healthy Environment
Nursing homes may also be liable if the patient suffers from not living in a clean and sanitary home.
Failing to Provide Adequate Medical Treatment
Nursing homes do more than monitor a patient. They are also tasked with administering medication and medical treatment to patients. When this care falls below the accepted standard of care, a claim of medical malpractice may arise.
Evidence in Nursing Home Abuse CasesOne of the problems in nursing home abuse cases is that the victim is often a vulnerable or impressionable individual. He or she may be suffering from physical and mental conditions that impair his or her ability to remember and communicate.
While the patient’s account is one important form of evidence, there are other objective forms of evidence that may help substantiate the case, such as:
·Medical reports – Medical records may show an ongoing history of physical signs of abuse or neglect.
·History of abuse – The nursing home may have been previously cited or sued due to abusing or neglecting other patients.
·Pictures of abuse – The patient, family or medical providers may have photographed the injuries.
·Medical testimony – A treating doctor or evaluating doctor may testify or provide testimony during a deposition that the patient’s injuries are consistent with abuse.
·Surveillance footage – Abuse may be captured by surveillance in the nursing home itself, from a neighboring camera when the patient was in a public outing or in a bank camera if financial abuse was committed.
·Accounts by other patients – Another patient may have observed the patient’s abuse or the routine practice of abuse in the home.
·Accounts by relatives – Loved ones may have observed the abuse or noticed some of the signs of abuse listed above.
·Financial and legal documents – If the patient was being financially abused, financial documents and legal documents may show evidence of this with forged signatures or the addition of a caregiver’s name who should not be listed on the document.
·Admissions – A nursing home employee may have admitted to the abuse or seeing another person commit abuse.
Damages in Nursing Home Abuse CasesWhether the abuse occurred on a recurrent basis or it was the result of one egregious incident that resulted in injuries, the victim has a right to damages. In the event that the patient died as a result of the abhorrent acts of the nursing home, the victim’s family may be entitled to compensation through the pursuit of a wrongful death claim. The rules regarding who can file a wrongful death claim vary by each state. Some states require that the personal representative of the estate file the wrongful death case on behalf of the loved ones. The spouse and dependent children are usually allowed to benefit from such a case.
Potential damages in a personal injury lawsuit include:
·Violations of the patient’s dignity
·Pain and suffering
Contact a Nursing Home Abuse LawyerIf you have an elderly loved one who has been abused or neglected in a nursing home where you believed he or she would receive proper care, it is important that you discuss your case with a nursing home abuse lawyer. Nursing home abuse cases are one form of personal injury cases.
Look for a lawyer who has experience in this area of the law so that he or she is familiar with typical claims, the evidentiary burden and the standard of care that the nursing home is required to provide. Statutes of limitations limit how much time you have to act and still be able to recover.
Filing a lawsuit can help you recover financial compensation. Additionally, a lawsuit can help bring awareness to abuse or neglect that is occurring in order to prevent other elderly patients from having to suffer the same treatment.
Know Your Rights!
Articles About Nursing Home Abuse
- Wrongful Death and Nursing Home AbuseModern nursing homes house 1.4 million individuals, many of whom require round-the-clock care. Research suggests that over one-third of seniors will eventually reside in these facilities. This can be a pleasant experience for some, who enjoy camaraderie with fellow residents and quality care that they might not receive at home. Others, however, face horrific abuse or neglect.
- Violations at Residential CareMaking the decision to place a loved one into a nursing home or assisted living facility is never easy.
- Physical Restraint of Nursing Home PatientsResidents of long term nursing home facilities typically have physical and cognitive impairments that require close supervision to ensure patient safety.
- Proving Damages in a Nursing Home Abuse CaseOne of the elements that a nursing home resident or his or her family must prove in a nursing home abuse or neglect case is that the resident suffered damages as a result of the abuse or neglect. However, it can often be difficult to establish these damages. There are special considerations that must be contemplated.
- Proving Dehydration in a Nursing Home Neglect CaseNursing home residents are entitled to a certain level of quality care, including being provided with proper nutrition and hydration. Dehydration is a warning sign of nursing home neglect. Families of nursing home residents who may suffer from dehydration may wish to learn about this condition and what it may mean to their nursing home abuse case.
- Proving a Nursing Home Neglect CaseMany nursing homes suffer from understaffing, high turnover rates and other issues that often result in a diminished quality of care. When older adults suffer injury at the hands of the individuals charged with their care, there may be actionable claims against the nursing homes that employ them.
- 10 Warning Signs of Nursing Home AbuseAccording to the United States Centers for Disease Control and Prevention, approximately two million elderly individuals reside in nursing homes. While many homes provide quality care to their residents, some permit abuse and neglect to occur. Loved ones must stay vigilant about checking on relatives in nursing homes so that they can spot potential signs of abuse and neglect, such as the following:
- Can I Sue a Nursing Home for Bedsores?Suing a nursing home may depend on the specific matter and surrounding circumstances of bedsores such as possible negligent behavior by staff or management in the facility. Negligence in caring for the elderly within the property could lead to a lawsuit to sue for damages to compensate any additional medical care for the older person harmed by the lack of care.
- Nursing Home Liability for Injury or DeathWhen a family is no longer able to care for an elderly individual, they may make the difficult decision to place him or her in a nursing home. While many nursing homes provide quality care to their residents, some are responsible for causing injury or death. A nursing home abuse lawyer may be able to provide assistance to the family.
- Minimum Requirements of Nursing HomesNursing homes must comply with specific standards that are promulgated by law. Typically, nursing homes that receive federal funds, such as payment through Medicare, must comply with federal standards. These standards are detailed in the Nursing Home Reform Act.