Elder Abuse - The Hidden Crime

The facts about Elder Abuse

Elder abuse has often been called the hidden crime -- it can be difficult to recognize, nursing home staff know how to conceal the evidence and victims are often too frightened or incapacitated to communicate the abuse. In fact, 84% of abuse cases go unreported. What's even more frightening? Nursing home deaths are rarely detected by government inspectors, or even investigated by medical examiners or law enforcement.

There are federal and state laws designed to protect residents of nursing homes and other assisted living facilities from what is known as "institutional abuse." But victims must be able to report incidents in order to make sure those laws are enforced. This can be difficult when you consider that abusers may be staff members, other patients or even visitors.

What are the types of abuse?

Elder "institutional" abuse generally falls into seven categories:

1. Physical abuse -- infliction of pain or injury, including sexual abuse.

2. Misuse of restraints -- restraining a resident with either physical restraints or medicine (i.e., overmedicating a resident so that he or she will be "less trouble") that falls outside any doctor's orders or accepted medical practice.

3. Verbal/emotional abuse -- demeaning statements, harassment, threats, humiliation or intimidation.

4. Physical neglect -- disregard for the necessities of daily living such as food, water, bathing and basic care.

5. Medical neglect - failing to provide medical care, such as ignoring a necessary medical diet, neglecting to call a physician when necessary, or not paying attention to the potential side effects of a patient's medication.

6. Verbal/emotional neglect -- failing to meet the patients' verbal/emotional needs including disregarding patients' wishes, or restricting contact with family and friends.

7. Personal property abuse - illegal or improper use of a resident's property (funds, property, assets).

What are the signs of abuse?

If your family member lives in a nursing home or assisted living facility, don't assume that abuse isn't taking place. Even when the staff and care are of the highest caliber, you remain your loved one's best advocate, so look out for the following signs of potential abuse:

1. Mysterious bruises or lacerations that cannot be explained by a reasonable medical cause.

2. Lack of cleanliness -- in your loved one's appearance, the condition of his or her room and the facility overall.

3. A change in demeanor that isn't the result of failing health or mental state - does your loved one exhibit fear of certain staff members or other patients?

4. Failure to notice medical issues -- if your relative becomes ill, does the staff notice and take immediate action to summon the doctor?

What are the responsibilities of a nursing home?

In order to receive reimbursement from Medicare and Medicaid, nursing homes must meet certain requirements for quality care as stipulated by the Nursing Home Reform Act (NHRA). The NHRA states that a participating nursing home "must provide services and activities to attain and maintain the highest practicable physical, mental and psychosocial well-being of each resident in accordance with a written plan of care..."

Most states also have laws requiring doctors, nurses and other health care professionals to report suspected neglect -- and the law requires nursing homes to investigate and report any abuse incidents that occur within their facility. Physicians, hospitals, nurses, therapists, aides, orderlies and administrators all bear the responsibility to provide adequate care, medical treatment and protection to the residents and patients in their facility.

However -- the truth is that many institutions fail to meet these requirements, regardless of what the law mandates. A recent California study revealed that only 23% of nursing homes in the state met federal regulations for care.

What can I do if I suspect nursing home abuse?

Your family member may be vulnerable and unable to speak out - but you have the ability to take action on his or her behalf. There are several steps you can take if you suspect that elder abuse is taking place.

1. Be vigilant -- if you have even the slightest suspicion of abuse, pay attention and demand answers of the staff or administration. It's easy not to notice the symptoms of abuse -- but nothing is more difficult than knowing that the suffering of a loved one could have been prevented.

2. Document everything -- note the dates and names of people with whom you spoke regarding any incidents. This information will prove to be invaluable if legal action is necessary.

3. Take your concerns to the highest authority -- if you don't feel the staff members you have spoken to are addressing the issues, do not hesitate to contact their superiors. Find out who is in charge of the home and communicate with them directly.

4. Get legal help -- consult with an experienced nursing home abuse attorney. A lawyer with experience in elder abuse can make sure that any institution guilty of abuse is held accountable. The nursing home abuse attorneys at Epperly & Follis, P.C know the law, the legal system and victim rights -- and they can help take action against those who abuse the elderly.