The abuse of the elderly and the infirm raises a number of troubling issues and feelings, and it is oftentimes difficult for someone who suspects abuse to know what to do. Below are some frequently asked questions.
What qualifies as neglect in a nursing home?
Most states define neglect as the failure to provide a resident with the services essential to health and safety, such as food, shelter, clothing, supervision and medical care. Whether such failures are intentional or simply careless will determine whether a case against a nursing home is one of neglect or abuse.
Why do abuse and neglect occur in nursing homes?
Several factors have been shown to contribute to abuse or neglect, including: poorly qualified and inadequately trained staff; inadequate staffing levels; hiring of staff with a history of violence; residents’ isolation; and the reluctance of residents to report abuse out of embarrassment or fear.
How often do incidents of abuse and neglect occur in nursing homes?
More than 1.6 million Americans reside in more than 16,000 nursing homes nationwide. A 1998 study conducted by the United States General Accounting Office concluded that more than half of the suspicious deaths studied in nursing homes were probably due to neglect, including malnutrition and dehydration. The study also found that about 1 in 3 California nursing homes had been cited by state inspectors for “serious or potentially life-threatening care problems” that are likely to also be found in states across the nation.
Unfortunately, despite the most detailed studies and research, most occurrences of abuse and neglect are never reported. A 1996 study found that more than 84 percent of abuse and neglect cases are never reported. While some studies estimate that between three and five percent of the elderly have been victims of abuse, the Senate’s Special Committee on Aging estimates that as many as 5 million older Americans are abused annually.
The only certainty is that abuse and neglect in nursing homes is on the rise. Recent studies have found that nearly 1 million elderly Americans are victimized annually. It is also estimated that at least 30,000 elderly Americans die each year as a result of abuse or neglect.
Why has there been such an increase in cases of abuse and neglect?
The most significant cause is the growing number of aging Americans and their ability to live longer. Lower quality facilities are opened quickly and cheaply to meet the growing demand, and the increase in residents and patients leaves staff overworked and oftentimes inadequately trained.
What makes the elderly more susceptible to abuse and neglect?
Social isolation and mental impairments, such as dementia or Alzheimer’s disease, are the leading factors that make the elderly more vulnerable to abuse.
What rights do nursing home residents have?
Any resident of a nursing home that participates in Medicare has the right to be free from verbal, sexual, physical and mental abuse. Any physical or chemical restraint that is imposed for purposes of discipline or convenience, rather than to treat a medical condition, is prohibited. Restraints may be used only upon the written order of a physician to protect the resident or others, and the duration and circumstances under which the restraints are to be used must be explicitly stated. If a nursing home is not regulated by federal statutes, its residents still have rights under state laws.
Are nursing homes required to keep records of the care provided?
Legislation on both federal and state levels requires documentation of assessments, plans of care and the care provided.
Can a nursing home restrict who visits the resident and when?
Nursing homes can set reasonable visiting hours to help establish routines for their residents. Staff cannot refuse visits; only residents are permitted to make decisions regarding their visitors. Visits by medical personnel must be allowed at any time.
Can a resident leave a nursing home at any time?
A nursing home cannot restrict the movement of a resident to another home, especially if the resident is fully capable of making such a decision. If a resident isn’t able to make the decision, the immediate family is allowed to decide.
Do nursing home staff have to report abuse?
Some individuals are mandated by law to report signs of abuse, although the requirements vary from state to state. Most states also have laws providing immunity to any individual who reports an incident.
What happens if a nursing home resident complains of neglect or abuse?
All states have a system for reporting allegations of abuse and neglect and investigating those allegations. An investigation will usually include interviews with the resident, family members and nursing home staff and management. If the allegations are proven, adult protective services will attempt to remedy the problems and prevent a recurrence; however, there may be situations where the victim or the victim’s family is unsatisfied or unjustly compensated for the injury or indignity suffered. In such cases, the professionals at Shrager, Spivey & Sachs can mount a civil action for damages against the nursing home.
Are there criminal penalties for nursing home abuse?
Laws vary, but most states have provisions to address elder abuse. State criminal statutes, adult protective laws and federal statutes define and establish penalties for the abuse and neglect of adults. Increasingly, law enforcement officers and prosecutors are trained on how to use criminal and civil laws to bring abusers to justice.
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