Every day, people are faced with the issue of having to put a loved one into a nursing home. While people do this with love in their hearts, and the best of intentions, their intentions are often dashed with reports of nursing home abuse.
Of course no one wants to see their loved one harmed, so when allegations or evidence of abuse are present, family members often feel as though they are to blame. The fact of the matter is, only the people providing the care and carrying out the abuse is to blame.
Since many nursing home patients are in poor health, and many are limited in their ability to speak, it can be somewhat difficult to determine if abuse is taking place. The best way to determine this is to carefully monitor your loved one and look for key warning signs.
The most common types of abuse include the following:
• General Assault
• General Battery
• Rape
• Sexual Assault
• Sexual Battery
• Physical Restraint to an Unreasonable Degree
• Deprivation of Food or Water for Prolonged Periods of Time
• Chemical Restraint by Use of Medication Not Prescribed by A Doctor for the Patient's Medical Condition
• Overmedication
• Under-medication
• Injuries That Cannot be Explained
• Cuts, Scrapes, Bruises, Welts, or Open Sores
• Reports of Mistreatment
• Evidence of Pushing, Beating, Slapping, or Shaking
• Forcibly Keeping a Patient in Their Room
If you suspect abuse, it is important that you look for the following signs:
• Medical Neglect - A lack of medical care, or a lack of daily medication.
• Physical Neglect - A lack of general care, or a lack of basic daily needs.
• A failure to provide adequate nutrition or hydration
• A failure to assist with general grooming, or personal hygiene
• Infections
• Unsanitary conditions
• A lack of cleanliness
• A failure to provide protection from general safety or health hazards
In addition to physical abuse and neglect, it is also important to look for signs of verbal and/or emotional abuse. This type of abuse degrades the patient and destroys their self-esteem. Warning signs for this type of abuse include:
• The patient appears to be very upset or agitated
• The patient does not want to speak and appears to be withdrawn
• The patient is exhibiting abnormal behavior such as biting, rocking, or muttering
• The patient wants to be left alone all the time
• The patient is ignoring or being insulting, threatening, or humiliating toward friends and family
There are also other warning signs of negligence or abuse that should be noted when visiting patients in a nursing home. These include:
• Injuries that require hospitalization or emergency medical treatment
• Broken bones that cannot be fully explained
• Unexplained medicating or sedating
• Unexplained or unexpected death
• Repeated illnesses that are not reported to the primary care physician
• Patients injuring other patients
• Episodes of wandering where the staff does not notice the missing patient for an extended period of time
It is important to understand that neglect and abuse need to be stopped and there are many state and federal laws in place that have been designed to protect the rights of nursing home patients. Patients also have distinct security, privacy, and other civil rights that should never be violated.
If you believe your loved one may be a victim of nursing home abuse or neglect, there are steps you can take to verify your concerns, and take action if necessary.
First, try to visit as frequently as possible, and vary your schedule so the staff does not know when to expect you. Try to visit both night and day, weekends, and holidays, to assess the care that is being provided by the different shifts.
Next, talk to the nurses and the aids about your concerns and judge their reaction. If you do not feel as though you are being heard, or if your fears are somewhat confirmed, speak to the nursing director, the staff social worker, and the nursing home administrator. If after doing this you still do not have the answers you need, or you feel as though your concerns are not being addressed, move on to speak with the doctor. Keep talking until someone listens.
Finally, call the agency in your state that oversees nursing home care. Usually the Department of Health and Human Services will be the guiding agent and is in charge of enforcing nursing home laws and regulations. This agency also will conduct a yearly survey of each nursing home in the state and must investigate every complaint filed. You can also contact this agency prior to placing a loved one in a nursing home in order to verify their standing and complaint history.
Any time you believe someone is being abused or neglected while in a nursing home, you should take action and file a complaint. If your claim is substantiated, the agency who oversees the nursing home will take swift action in the form of citations, fines, and will require immediate action to remedy the situation and ensure it does not happen again.
In addition to taking the above mentioned steps, you can also pursue legal action. One course of action is to file a civil lawsuit against the nursing home with the court of law in your jurisdiction. Each state has different criteria to file, as well as various statutes of limitations, so it is best to consult with an attorney to verify this information. An attorney who specializes in this area will also be able to provide you with a great deal of guidance on the legal process, as well as the best way to proceed in order to help your loved one.
You should always take prompt action when filing a nursing home abuse lawsuit. An attorney will work hard to protect your loved one, while acquiring damages to help pay for future care and medical expenses.
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