Modern medicine has led to increased longevity for Americans. There are currently around 62 million adults aged 65 and older in the U.S., which is expected to rise to 84 million in the next 30 years. Increased lifespan has also brought a rise in elder abuse and neglect in nursing homes. Sadly “the golden years” can become difficult and painful for many seniors due to the actions of those responsible for their care in long-term living facilities.
The Centers for Disease Control and Prevention (CDC) defines elder abuse as “an intentional act or failure to act that causes or creates a risk of harm to an older adult, aged 60 or older.” While thousands of nursing homes nationwide provide excellent, safe, and necessary care to residents, some do not meet these standards. Last year alone, over 7,000 health citations were issued to nursing homes in the U.S. by the Centers for Medicare and Medicaid Services for abuse. This statistic highlights the importance of understanding the signs of elder abuse as well as actively monitoring the well-being and safety of your loved ones in nursing homes.
Family members should be prepared to take action if nursing home abuse arises, including alerting authorities and possibly consulting a lawyer experienced in nursing home abuse, to halt abuse immediately.
Signs of Nursing Home Abuse
Recognizing neglect or abuse in a nursing home can be challenging. One effective way to identify abuse is to visit loved ones often. People who frequently visit the nursing home can see certain changes, and at the same time could deter potential mistreatment. It is harder for elderly residents to become targets when they have attentive visitors watching over their care.
There are various types of elder abuse nursing home residents could experience.
Medical Neglect occurs when nursing home staff fail to provide appropriate medical treatment, including proper administration of medication. By law, employees must care for residents, support their daily needs, and address any medical conditions. When they do not adequately attend to a medical issue or ignore a situation, they are negligent in their duty to care for the resident.
Signs of medical neglect or abuse include infections, bedsores, cuts, and changes in a resident’s physical appearance, such as weight loss.
Negligent Transportation refers to residents being injured while being transported. This can occur when the resident is being transported off-site, being transported to and from bed, or being moved within the nursing home. Negligent transport can cause significant orthopedic injuries, and it is important to monitor how the nursing home staff transports residents.
Physical Abuse is intentional harm to a resident and comes in many forms. It can include hitting, slapping, shoving, or improperly restraining someone in a bed or chair, as well as the misuse of dangerous antipsychotic drugs.
An elderly person who experiences physical abuse may have unexplained injuries, including bruises, scars, or burns in different areas of their body. They may also have wounds due to an unauthorized restraint.
Financial Abuse occurs when a person misuses or withholds a resident’s financial resources. Examples of financial abuse include cashing a resident’s checks without permission, forging their signature on legal documents, stealing their cash, and misusing guardianship for personal financial gain. Changes in a resident’s spending patterns can be an indicator that they are being a victim.
Sexual Abuse refers to any sexual activity involving an older adult who is unable to understand what is happening, unwilling to consent to the act, or physically forced to engage in a sexual act. Signs of sexual abuse include mood changes, torn or bloodied clothing, or evidence of sexually transmitted diseases.
Psychological Abuse is also identified as emotional abuse, which involves verbal assaults, threats, harassment, or intimidation directed at the resident. Because psychological abuse can occur when a resident is alone with another individual, it can be difficult to identify. However, it can have wide-ranging effects including feelings of humiliation, confusion, and sadness. Signs of psychological abuse include depression, anxiousness, and a sudden change in behavior.
How to Be an Advocate against Nursing Home Abuse
Moving a loved one from their home to a nursing home can be a difficult decision, evoking feelings of guilt, fear, and sadness. However, proper preparation and continued involvement in their life can provide both necessary and positive support and comfort with the round-the-clock medical care they cannot receive elsewhere.
Families should carefully research facilities, including using tools such as Medicare’s Nursing Home website to learn how to choose a facility, nursing home costs, your rights, and more. After selecting a facility, build relationships with staff and monitor your loved one’s well-being through frequent visits. This way you can stay informed about medical care, check on living conditions and personal belongings frequently, and be vigilant in looking for signs of abuse. Often the abused may feel too ashamed, embarrassed, or frightened to seek help, but if a family member notices signs, they can pursue answers to stop it from repeating.
If possible, the first step in determining if nursing home abuse is happening is to have a private conversation with the loved one about the concern. If it is revealed there is abuse, action should be taken immediately. Many facilities have an ombudsman trained to advocate for residents who you can contact. In addition to seeking internal support, the family could also file a report through the Virginia Department of Health Professionals or the Virginia Department of Social Services.
There are both federal and state laws protecting the elderly in nursing homes from abuse and neglect, and families should not hesitate to contact a Virginia nursing home abuse attorney who can assist with filing legal action on behalf of the abused. Often it is necessary to file a civil lawsuit to ensure the abuser(s) are held to account and the victim receives the correct compensation for the pain and suffering they endured.
If you or a loved one has suffered nursing home abuse, call or text Curcio Law at (703) 836-3366, or contact us online for a free case consultation.
Rakin Hamad joined Curcio Law as an associate in August 2018 after graduating from George Mason Law School. During law school, Rakin demonstrated his dedication to client advocacy and was a member of the trial advocacy association, the pro bono society, and the George Mason Law Review. His approach to the law mirrors the firm’s philosophy of treating each client with commitment, compassion and character. Contact Rakin at rhamad@curciolaw.com.
