Nursing home abuse can exact a heavy toll on its victims and their families and loved ones. And, unfortunately, the sad truth is that the incidence of nursing home abuse has been rising steadily during the past 15 years.

Our site provides victims and their families with the information and resources they need to help protect against abuse, neglect, and mistreatment at the hands of nursing homes and their staff. Let the experience, knowledge, and expertise of our legal team bring you the justice that you deserve.

PREVENTING ELDER ABUSE

While many nursing homes or other abusive parties try to deny their blame for any elder abuse or mistreatment, or try to blame the elderly individual, the rule of thumb for elder abuse injuries in nursing homes is that they are caused by either the facility, the staff, a family member, or a combination of these.

It is very important as soon as an elder abuse injury occurs to start collecting the facts since it is unlikely that management will readily provide the assistance you are looking for. As well, it is not uncommon for individuals involved in elder abuse to alter their stories, especially if they think they may be involved in an elder abuse lawsuit or criminal investigation.

Because of the vulnerability of nursing home residents, the widespread patterns of elder abuse, and the fact that federal tax dollars are used to pay for a large percentage of nursing home stays, the nursing home industry is very heavily regulated. Remember, federal law requires that nursing homes provide each resident with:

• A personalized health and care plans for each resident.
• Conduct an initial assessment of each resident's functional capacity
• Periodically reassess these
• Maintain a resident’s basic rights, including the cleanliness of person and surroundings (For a complete list of Resident Rights, refer to our web page entitled NURSING HOME RESIDENT RIGHTS)
• Prevent and treat bed sores

What to Look for in A Nursing Home Facility
» 3 Main Types of Elder Abuse

Physical Elder Abuse
Psychological Elder Abuse
Violating the Rights of Elderly

Risk Factors for Elder Abuse
Risk Factors for Elderly
Employee Risk Factors
Facility Risk Factors for Facility

What to Look for in A Nursing Home Facility

Facility administration places an emphasis on treating each resident (as well as their staff members) with dignity and respect. They respect the choices and wishes of their residents.

Facilities provide their staff with comprehensive orientation and training programs that develop a healthy approaches and methods for dealing with the varied needs of residents.

Staff members are allowed to come to the administration to discuss how to deal with facility or personal problems with residents that they may be having. (Residents can push staff into situations that are ultimately dangerous for them.) Administrators provide the appropriate counseling opportunities for their staff.

If personal problems do exist between staff and resident, the facility makes sure to arrange for reassignment.

Administrators and staff have a pleasant and clean break room.

The proper equipment and supplies exist for a safe, healthy nursing home.

A "no abuse" policy exists. This prevents a situation from escalating into danger or elder abuse.

Administrators and supervisors insist on reporting suspected elder abuse, negligence or exploitation to the Department of Human Services. They make this policy clear to residents, staff, and family members.

Facility administration and staff know about and utilize the "Long-term Care Ombudsman Program" when appropriate.

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3 Main Types of Elder Abuse

PHYSICAL ELDER ABUSE

• Physical injuries
• Malnutrition
• Dehydration
• Lack of personal care
• Medical care withheld
• Not given appropriate medication

  Signs of This Elder Abuse

  • Fractures
  • Bruises (upper arms and/or torso, new and old bruises)
  • Burns
  • Lacerations
  • Rope burns
  • Chronic or untreated illnesses
  • Ravenous eating patterns
  • Evidence of dehydration/malnutrition
  • Evidence of restraints to confine unwillingly to bed, chair, etc.
  • Skin deterioration
  • Poor hygiene (dirty skin, untrimmed nails)
  • Unkempt appearance (uncombed hair, unshaven face)
  • Injuries not properly cared for
  • Injuries with suspect excuses given

  
  Signs of Self-Neglect (possible manifestation of physical abuse)

  • Area neighbors who report loitering Prescription medication not taken
  • Alcohol or drug abuse

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PSYCHOLOGICAL ELDER ABUSE

• Threats by staff (of physical harm or nursing home discharge/transfer)
• Intimidation
• Harassment
• Isolation
• Deliberate withholding of attention or protection
• Refusing to allow resident from room or to outside grounds.
• Not allowing normal visitation rights

  Signs of Psychological Elder Abuse by Staff

  • Resident often appears upset, scared, or fearful
  • Resident is embarrassed about injury

  
  Signs of Psychological Elder Abuse by Family Member/Visitor

  • Family member/Visitor hesitant to leave resident alone with staff
  • Family member/Visitor claim that resident is responsible for their odd behavior

  
  Signs of Material or Financial Neglect

  • Resident has no awareness of his/her financial affairs. Not aware of how money/assets are being handled.
  • Resident’s rent is often overdue. Other bills are late or are unpaid.
  • Noticeable difference between known material status of resident and appearance (clothing, material possessions, etc.).
  • General state of nursing home
  • Unhealthy or unnatural level of care (nutrition, medical care, clothing, transportation, opportunities for social interaction).

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VIOLATING THE RIGHTS OF ELDERLY

Taking over the decision making process for an individual who is still capable of making decision for themselves. Unwarranted restriction of the movement of an individual to their bed, their room, etc.

Signs of Violation of Rights

• Unreasonable confinement to a bed, chair, room, or other part of the house
• Visitors are denied access to resident. Movement around house or outside of home is denied or restricted.

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Risk Factors for Elder Abuse

Elder abuse of a nursing home resident can be the fault of either a staff member, the facility itself, or the resident. The following are common risk factors for all three groups.

Risk Factors for Elder Abuse Victims

• Verbally abusive
• Hostile
• Threatening language
• Derogatory language
• Demanding of services, etc.
• Intrusive
• Manipulative
• History of substance abuse
• Sexual acting out
• Incontinent
• Passive aggressive behavior
• Deaf or mute
• History of multiple incidents of any of the above
• Incompetent

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Employee Risk Factors

• Alcohol/drug abuse
• Aggressive or physical behavior
• Family problems/history of family violence
• Financial problems
• Rivalry issues
• Inadequately trained
• Mental problems
• Past disciplinary actions
• Excessive absenteeism
• Looking to resident to fulfill their needs
• Social isolation

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Facility Risk Factors

• Insufficient staff training
• Less than adequate maintenance on structures.
• Excessive demands on staff
• Insufficient staff
• Poorly paid staff
• Accepting residents whose needs cannot be met by facility
• Crowding/concentration of vulnerable adults
• High employee absenteeism
• Staff duties not properly defined
• Poor response to alleged incidence of abuse
• High personnel turnover

CONTACT A NURSING HOME ABUSE LAWYER

IN THE NEWS

A recent General Accounting Office (GAO) report says in excess of half of the suspicious deaths in California nursing homes may be due to neglect. The latter deaths include dehydration and malnutrition. The study says about one third (1/3) of California nursing homes have been singled out by state inspectors for "serious or potentially life threatening care problems." The report goes on to say the same problems probably exist across the nation. These neglect allegations will probably grow worse as baby boomers and the elderly population as a whole, enter America's nursing homes.
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