What Constitutes Nursing Home Abuse

It is a federal, criminal offense to deprive nursing home residents of their freedom from abuse, neglect and misappropriation of property or funds. The laws apply to visitors, facility staff, volunteers, family
members, guardians and other residents.

The Nursing Home Reform Act of 1987 entitles residents to live in an environment that improves or maintains their physical and mental health.

What is Abuse?

Nursing home abuse is any act that causes intentional harm or pain and can include psychological, physical or sexual attacks. Also included are intimidation, seclusion and corporal punishment (hitting, slapping, etc.).

Mental, psychological or emotional abuse may include berating, ridiculing, cursing, threatening, ignoring or deprivation of food, activities or visitors.

Physical abuse can result in both pain and visible injuries as a result of slapping, scratching, hitting, shoving, pinching, rough handling, unnecessary immobilization, or substandard care.

Rough handling may occur while administering medication, moving the patient or during other types of care such as bathing.

Substandard care often results in pressure sores, also known as bed sores, depression, incontinence or dehydration. In severe cases, more than one of these conditions are present.

Sexual abuse can occur as coercion to perform a sexual act, rape, improper touching or being forced to watch a sexual act.

What Qualifies as Neglect?

Nursing home neglect doesn't need to be intentional. It's the failure to provide the appropriate level of care, including the failure to react to any situation that can result in the resident's harm, such as failure to:

Promptly change disposable briefs or provide access to bed pan/toilet

Assist with eating, drinking, walking, bathing

Answer cries for help or call bells

Help resident participate in activities

Correctly position the resident in bed

Reporting an Incident

Your report should be in writing and dated. Keep a copy! Include every detail including the resident's name and age, facility name, employee(s), what, where, when, and all signs of abuse or neglect.

Start your complaint with the director of nursing, social worker and the facility's administrator. Ask them what, if any, other steps must be taken to have the incident investigated.

If a serious physical injury has occurred, contact law enforcement.

If the situation remains unresolved, contact your state ombudsman, local adult protective services agency and the state licensing agency.

Follow-up with the resident and all people or agencies investigating the incident. If possible, obtain written copies of the results of all investigations.