Suspect Nursing Home Abuse? Signs, Reporting, and Legal Options
Placing a loved one in a nursing home requires trust. You trust that the facility and its staff will provide the care, respect, and dignity your family member deserves. Unfortunately, this trust is sometimes broken. According to the National Council on Aging, approximately 10% of elderly individuals experience some form of abuse, and the majority of cases go unreported. If you suspect nursing home abuse, it’s crucial to recognize the signs, know how to report it, and understand your legal options.
Recognizing the Signs of Nursing Home Abuse
Nursing home abuse can take many forms, and it’s not always easy to detect. Abuse can be physical, emotional, sexual, or financial. Neglect, which is the failure to provide adequate care, is also a form of abuse. Being aware of the different types of abuse and their signs can help you protect your loved one.
Physical Abuse: This involves the intentional use of force that causes harm or injury.
- Signs: Unexplained bruises, welts, cuts, or burns; broken bones or sprains; signs of restraint, such as rope marks on wrists or ankles; frequent injuries; pain or discomfort when touched.
Emotional Abuse: This involves verbal or nonverbal acts that inflict emotional pain, anguish, or distress. Emotional abuse is the most commonly reported type of abuse in nursing homes.
- Signs: Sudden changes in behavior or personality; withdrawal from activities; depression, anxiety, or fearfulness; reluctance to speak openly; fear of certain staff members; isolation from other residents or family.
Sexual Abuse: This involves any non-consensual sexual contact.
- Signs: Unexplained injuries around the genital area; torn or bloody underclothing; sexually transmitted infections (STIs); agitation or discomfort when touched; withdrawal or fearfulness.
Financial Exploitation: This involves the unauthorized or improper use of a resident’s funds, assets, or property.
- Signs: Sudden changes in financial situation; unexplained withdrawals from bank accounts; missing cash or personal items; changes in power of attorney or will; unexplained transfer of assets.
Neglect: This involves the failure to provide necessary care, resulting in harm to the resident’s health or well-being.
- Signs: Unexplained weight loss or dehydration; malnutrition; poor hygiene; unsanitary living conditions; bedsores; untreated medical conditions; lack of necessary medical aids (glasses, hearing aids, dentures).
How to Report Suspected Nursing Home Abuse
If you suspect that your loved one is being abused or neglected, it’s essential to take action. Reporting the abuse can protect your loved one and other residents from further harm. There are several ways to report nursing home abuse:
- Report to the Nursing Home Administration: Start by reporting your concerns to the nursing home administrator or supervisor. This allows the facility to investigate the situation and take corrective action. Make sure to document your complaint in writing and keep a copy for your records.
- Contact the State Department of Health or Adult Protective Services (APS): Every state has a Department of Health or Adult Protective Services (APS) agency that investigates reports of nursing home abuse and neglect. You can find the contact information for your state’s agency online or by calling the Eldercare Locator at 1-800-677-1116.
- Contact the Long-Term Care Ombudsman: A long-term care ombudsman is an advocate for residents of nursing homes and assisted living facilities. Ombudsmen investigate complaints and work to resolve problems on behalf of residents. You can find the contact information for your local ombudsman program online or by calling the Eldercare Locator.
- Report to Law Enforcement: If you believe that a crime has been committed, such as physical or sexual assault, report it to the local police or sheriff’s department.
- Report Anonymously: Most states allow you to report nursing home abuse anonymously. This can be done by contacting Adult Protective Services (APS) or your local Long-Term Care Ombudsman.
Legal Options for Victims of Nursing Home Abuse
In addition to reporting the abuse, you may also have legal options. A nursing home abuse attorney can help you understand your rights and pursue compensation for your loved one’s injuries and suffering.
Filing a Lawsuit: You may be able to file a lawsuit against the nursing home, its staff, or other responsible parties. A lawsuit can help you recover compensation for medical expenses, pain and suffering, emotional distress, and other damages.
Who Can File a Lawsuit?
- The resident, if they are mentally competent
- A legal guardian or conservator, if the resident is not competent
- A family member, in cases of wrongful death
Types of Legal Claims:
- Negligence: This involves proving that the nursing home failed to provide a reasonable standard of care, resulting in injury to the resident.
- Abuse: This involves proving that the nursing home staff intentionally harmed the resident.
- Wrongful Death: If the resident dies as a result of abuse or neglect, the family may be able to file a wrongful death lawsuit.
What Compensation Can Be Recovered?
- Medical expenses
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages (in cases of intentional abuse)
Resources for Families
Dealing with suspected nursing home abuse can be overwhelming. Here are some resources that can provide support and assistance:
- Eldercare Locator: 1-800-677-1116
- The National Center on Elder Abuse (NCEA): 1-855-500-3537
- Adult Protective Services (APS): Contact your local APS agency.
- Long-Term Care Ombudsman Program: Contact your local ombudsman program.
- Area Agencies on Aging (AAA): 1-866-243-5678
- National Domestic Violence Hotline: 800-799-7233
Protecting Your Loved One
Suspecting nursing home abuse is a frightening experience. By staying informed, knowing the signs, and taking prompt action, you can protect your loved one and ensure they receive the care and respect they deserve. If you suspect abuse, don’t hesitate to report it and seek legal advice. Your actions can make a difference in the life of your loved one and other vulnerable residents.