What Everyone Must Know About Nursing Home Abuse

Helping a parent transition from independent living to nursing home care is one of life’s more stressful milestones. Let’s face it. It’s really hard on a family in more ways than one, but before you choose a nursing home or elder care facility there are certain things everyone must know about nursing home abuse.

The time to learn about nursing home abuse isn’t when you start seeing changes in your parent’s health or notice suspicious activity. Because of the potential for serious health issues, the best time to understand nursing home abuse is before your parent is admitted.

• What constitutes nursing home abuse?
• What constitutes nursing home neglect?
• How can you recognize nursing home neglect or abuse?
• What is the difference between nursing home neglect and abuse?
• What do you do about nursing home neglect and abuse?
• How do you know if a nursing home death is a wrongful death case?

These are the questions everyone must know the answers to before their parent goes into a nursing home.

What constitutes nursing home abuse?

Nursing home abuse happens when nursing home staff intentionally injure or cause harm to the patient. This can include many types of mental, physical, or emotional abuse. Depending on how frequently you are in contact with the patient and how often you can examine them physically, abuse may not be obvious. But there are signs of nursing home abuse that can’t be ignored.

What constitutes nursing home neglect?

Every nursing home is required by law to offer a certain level of medical care up to industry standards. This is a gray area because every patient is different, every condition is different, and every state has different standards. In New York state, there are clear guidelines for the standards of nursing home care. The state has created a document titled “Your Rights as a Nursing Home Resident in New York State and Nursing Home Responsibilities.” If you have a parent going into a nursing home or assisted living facility, I suggest you download it and keep it handy.

Here are the basic rights spelled out in the document:

• Dignity, respect and a comfortable living environment
• Quality of care and treatment without discrimination
• Freedom of choice to make your own, independent decisions
• A right to the safeguard of your property and money
• A right to safeguards in admission transfer and discharge
• Privacy in communications
• A right to participate in organizations and activities of your choice
• Easy to use and responsive complaint procedure
• A right to exercise all of your rights without fear of reprisals

Nursing homes, senior living facilities, and assisted living facilities owe a duty of reasonable care. Where the issue becomes complicated is that each patient or resident is unique, therefore their health histories and existing conditions require certain actions be taken.

An example would be a resident with a history of neurological disease and osteoporosis who has been prone to slips and falls. The nursing home would be reasonably expected to take extra measures to ensure this particular resident does not fall and get injured. Another resident that is more mobile and has no history of osteoporosis may not require the exact measures of the other resident.

Does this mean that if the healthier resident slips and falls, there is no instance of nursing home neglect? Not necessarily. It’s just that a court will evaluate those situations differently, which means there is no strictly defined guideline for what is neglect and what is not. This should not discourage you from seeking legal counsel if your parent has an incident in a nursing home. Everyone has a right to proper treatment, especially those in society who are weak and can’t protect themselves.

How can you recognize nursing home neglect or abuse?

First let’s define nursing home neglect and abuse:

• Nursing home neglect is a failure to provide reasonable care resulting in injury, harm, or pain. In addition, this can include harm such as causing increased anxiety, fear, and discomfort. Neglect also includes failing to provide reasonable medical treatment or other necessary care. Neglect is neglect whether it is intentional or unintentional.

• Nursing home abuse is the intentional infliction of harm or injury, including confinement, isolation, deprivation of basic services or food, deprivation of medical treatment, punishment, rape and sexual assault, battery, unreasonable physical restraint, torture, or any other physical or mental harm.

Possible signs of nursing home neglect in a patient:

• Shows signs of personality changes such as being more quiet and withdrawn, rocking back and forth to self-soothe, not being as social as usual, being easily agitated
• Does not want to be touched or hugged
• Suffers from significant weight loss
• Does not want to speak in front of staff
• Attempts to flee the facility
• Has unexplained injuries or infections
• Shows signs of dehydration or complains of being hungry
• Has been in a fight with another resident
• Has a broken bone
• Injury or change in patient condition is not promptly reported to family or doctor
• Not consistently bathed or groomed
• Unsanitary conditions, dirty bedding, dirty floors

Possible signs of nursing home abuse:

• Any of the signs of neglect listed above can also be signs of abuse
• Signs of having fallen
• Welts, scratches, cuts, abrasions
• Bed sores or ulcers caused by prolonged pressure
• An injury or unexpected symptoms that require emergency care or hospitalization
• The patient appears to have been abused due to wandering, escaping, or mischief
• The patient appears heavily sedated, unresponsive, or excessively sleepy
• Death of the patient that is unexpected or not clearly a natural cause

What should you do about nursing home abuse and neglect?

As you can see, sometimes there is a case of neglect and sometimes there is abuse. If you notice any of these signs, it’s critical to get to the bottom of the situation for the safety of the patient. An experienced nursing home abuse attorney will be able to help you identify the issues, understand what is happening, and what rights you have.

Nursing homes and assisted living facilities face many lawsuits, but this hasn’t stopped rampant neglect and abuse. Facility management may have a strong incentive to reduce elderly neglect and abuse. But they employ many people and cannot control each staff member or nurse. This does not absolve the nursing home of liability. Most importantly, by entering into a contract for the care of the patient, they are agreeing to be responsible for activities and outcomes within the facility.

It’s worth noting that nursing home abuse also happens to patients that are not elderly. Many people who are mentally handicapped live in nursing homes and assisted living facilities. The signs and issues are pretty similar to elderly neglect and abuse, so if you have a family member in a nursing home or other facility and notice signs of neglect and abuse, consider getting legal counsel as soon as possible. The most important part of managing the health and well-being of elderly and handicapped patients is stopping the neglect and abuse and taking action to prevent it in the future.

How can you reduce the risk of nursing home abuse and neglect?

Helping to end nursing home abuse starts with selection of a nursing home. Especially relevant is a handy guide from Medicare titled “Your Guide to Choosing a Nursing Home or Other Long-Term Care.” It can help you with choosing a nursing home that suits the patient’s needs. As always, if you think you or a family member has experienced nursing home neglect or abuse, you can always contact us and ask any questions about your concerns.

There are many sources of legal information available online. The articles and information on our blog and website do not constitute legal advice. We adhere to all confidentiality requirements, but until we have accepted your case, no attorney-client privilege is established. The choice of selecting an attorney is an important personal decision that should be carefully considered. If you need legal advice, please contact an attorney directly. If you would like to find out more about having Getz & Braverman represent you or provide legal advice, contact us on this website or call us at 718-618-5567.