Nursing Home Abuse / Nursing Home Neglect

Although elder abuse is often narrowly defined as physical abuse, there are several forms of elder abuse. It is important for family and friends of nursing home residents to be aware of the different types of abuse that may occur. Since nursing home abuse can take many forms, it can lead to problems such as mental health issues, physical problems, and death. Different types of nursing home abuse include:

Physical Abuse

Caretakers or relatives of the elderly can inflict physical abuse on older adults. This is defined as the use of physical force that results in harm, distress, impairment, or death. Physical abuse can include everything from pinching or shoving to striking someone with a weapon or choking.

There are three main forms of nursing home physical abuse.

1. Active Abuse – This is intentional abuse by a perpetrator who means to cause a resident pain and injuries. Active abuse includes punching, slapping, pinching, biting, burning, shaking, and shoving.
2. Misuse of Restraints – Using restraints is only legal when used for medical reasons. However, restraints in nursing homes are sometimes used to discipline residents or simply because staff do not want to watch over them. Victims will suffer injuries such as cuts and burns when trying to get out of the restraints. Residents who have been restrained for too long may develop bedsores.
3. Physical Negligence – This includes failing to provide food, water, clothing, and a sanitary living area. 

Sexual Abuse

Older adults can also be subjected to unwanted sexual interactions with family or caretakers. Sometimes an elderly patient suffering from a brain disease like Alzheimer’s cannot give consent for sexual activity. It also qualifies as sexual abuse of the elderly.

Elder sexual abuse can come from anyone who comes into contact with the resident. This includes staff, friends, strangers, visitors, other residents and family members. One of the more common forms of nursing home sexual abuse may come from other residents who have dementia, which sometimes leads to resident-to-resident sexual aggression.

Some signs of nursing home sexual abuse could be:

• Unexplained STDs or infection. 
• Unexplained pelvic or hip injury. 
• Bruising around the thigh, genital area or breasts. 
• Unexplained vaginal or anal pain, irritation or bleeding. 
• Blood, tears or stains on gowns or undergarments. 
• Increased difficulty in walking or sitting upright. 

Emotional Abuse

The harm inflicted upon the elderly does not have to be physical. Both verbal and nonverbal behaviors can cause mental pain, distress, and fear. For example, a caretaker may call elderly  patients insulting names in front of others or threaten bodily harm. Isolation or attempting to control an older person’s life by limiting money or social interactions also constitutes psychological abuse. 

Staff will use various forms of emotional abuse on residents that could lead to harmful effects on an elderly person’s mental health. In order to be able to identify emotional abuse in nursing homes, families of residents need to be aware of the different types of emotional abuse which include:

• Humiliating and ridiculing a resident
• Blaming the resident for various problems
• Intentionally ignoring their needs
• Terrorizing the resident
• Yelling at or intimidating the resident

Elder Neglect

With age comes difficulty taking care of oneself. The task often falls to caretakers at a facility or family members. Unfortunately, sometimes the person responsible for a senior does not meet their needs in an appropriate manner. This can include the following: 

• Failing to consistently meet hygiene standards
• Failing to provide the necessary nutrients and fluids that a resident requires
• Leaving residents unattended for long periods of time or in unsafe environments 
• Medication errors
• Ignoring call lights

Oftentimes, nursing home negligence can be a result of understaffing, which is done purposefully to save the care facility money. Large chains and companies would rather risk the health and safety of residents than provide sufficient staff. Nursing home understaffing increases the workload of the current staff. When staff become stressed and agitated, they may take their frustrations out on the residents. Families should speak with a nursing home abuse lawyer to find out how they can file a suit for staff shortages at care facilities where their loved one is a resident.

Financial Abuse

When another person uses the resources of an older adult without their consent, it is considered financial abuse. According to the CDC, “this includes, but is not limited to, depriving an older person of rightful access to, information about, or use of, personal benefits, resources, belongings, or assets.” Stealing money or improperly using power of attorney qualifies as financial abuse.

One of the most common forms of financial abuse in nursing homes is the threat of action against a resident for an unpaid bill. Other types of nursing home financial abuse include:

• Stealing or misappropriating money from a resident
• Refusing to give residents access to their money when they need it
• Forging a resident’s signature
• Cashing a resident’s checks without proper authorization
• Coercing or tricking a resident into signing financial documents
• Failing to monitor or supervise how residents are spending their money when they are engaging in self-destructive behavior

If you suspect nursing home abuse against your loved one, always make your concerns known to nursing home administration and staff members immediately. The staff, however, may or may not take appropriate action. If nothing is being done to stop and investigate abuse, then families should speak with a nursing home abuse lawyer who is experienced and knowledgeable about nursing home abuse cases, such as those at KBA Attorneys.

Those experiencing abuse do not have to suffer alone. Many services and hotlines allow elderly citizens or their families to report abuse. Anyone who suspects an older adult is being abused in any way can call their local Adult Protective Services hotline. You can locate specific resources for each state at the National Center on Elder Abuse.

If the situation is particularly serious or dangerous, the police or 911 should be called immediately.

Family members and friends must be aware of the different signs that indicate elder abuse is occurring. To make sure loved ones in a nursing home are treated with the care and respect they deserve, family members and friends should make it a point to visit as often as possible but not routinely. Abusive staff members may notice routine scheduled visits and will likely be able to hide their abusive behavior and actions until the visitors have left. To keep this from happening, visitors should always vary the days and times of their visits. By doing so, staff will never know when to expect them, which will keep any potential abusers on their best behavior.

Some signs of nursing home abuse and neglect include:

• Unexplained bruises, cuts, or broken bones
• Bedsores
• Dramatic weight loss
• Sudden changes in behavior
• Poor hygiene
• Withdrawal and fearfulness
• Crying and complaining of poor treatment
• Showing fear of certain staff members

If these or other signs of elder abuse are present, contact a nursing home abuse lawyer immediately for assistance.

Nursing home facilities, especially those with a history of mistreatment, will not readily settle nursing home abuse lawsuits with families. They have lawyers of their own that will often fight these lawsuits all the way to trial. This makes it difficult for families to receive financial compensation unless they have a nursing home abuse lawyer on their side who will use every resource available to hold the responsible parties accountable.

The nursing home abuse lawyers at KBA Attorneys have years of combined experience in handling nursing home abuse lawsuits. Our legal team has helped families take the fight to the nursing home, aggressively confronting them in court for the harm that loved ones have suffered. While the wrongs of elder abuse can never be righted, KBA Attorneys want to at least help plaintiffs receive compensation for any injuries that a loved one sustained.

Contact our law firm today at (855) 522-5297 or fill out an online form for a free case evaluation.