Nursing Home Abuse

1. What do I do if I suspect nursing home abuse or neglect?

2. What are the different types of nursing home neglect and abuse?

3. What is the definition of elder abuse?

4. What are some recognizable signs that nursing home neglect or abuse could be occurring?

5. Are there criminal penalties for those who abuse the elderly?

6. Can a nursing home be held responsible for a resident's injury if negligence is found?

7. What should I do if I suspect a nursing home is stealing money from my loved one?

8. If a resident of a nursing home has no contract with the home, can he or she still sue the home for improper care?

9. What rights do residents of nursing homes have?

1. What do I do if I suspect nursing home abuse or neglect?

If you suspect abuse or neglect of an elderly person, you should report the abuse to the proper local authorities. The abuse will not stop on its own. Do not ignore your suspicions.

2. What are the different types of nursing home neglect and abuse?

• Mental and Emotional Abuse
• Physical and Sexual Abuse
• Neglect
• Exploitation/Financial Abuse

3. What is the definition of elder abuse?

Elder abuse is a term that may include physical, sexual, or emotional abuse; financial exploitation; and neglect in providing necessary materials like food, shelter, or clothing. The abuse might also involve withholding medicine or refusing to arrange transportation for doctor appointments. While damage inflicted by physical abuse may be obvious, frequently the abuse is emotional or psychological, resulting in humiliation, intimidation, and fear.

4. What are some recognizable signs that nursing home neglect or abuse could be occurring?

Any of the following nursing home neglect and abuse signs could warrant further investigation:

• Unexplained bruises, cuts, burns, sprains, or fractures 
• Bedsores
• Sudden changes in behavior 
• Staff refusing to allow visitors to see resident or delays in allowing visitors to see resident
• Staff not allowing resident to be alone with visitor
• Resident being kept in an over-medicated state 
• Loss of resident's possessions 
• Sudden large withdrawals from bank accounts or changes in banking practices
• Abrupt changes in will or other financial documents

5. Are there criminal penalties for those who abuse the elderly?

Although laws vary from state to state, there are several laws that address criminal penalties for various types of elder abuse. Some states have increased penalties for those who victimize older adults. Increasingly, across the country, law enforcement officers and prosecutors are trained on elder abuse and ways to use criminal and civil laws to bring abusers to justice.

6. Can a nursing home be held responsible for a resident's injury if negligence is found?

Yes. Nursing homes are held accountable to similar standards of care that you would expect from any hospital or other health care facility. Nursing homes can be held liable for negligence, and you can seek financial compensation for damages suffered because of that negligence to you, a family member, or a loved one.

7. What should I do if I suspect a nursing home is stealing money from my loved one?

Financial abuse can be difficult to detect because it will often occur over a period of time. If you have suspicions, however, it is a good idea to check them out. Ask your loved one about their finances and who controls them. Provide your loved one with information on financial abuse. Also, notify the director of the nursing home that you suspect abuse. If nothing changes, and you have evidence of financial abuse, contact authorities and a nursing home abuse attorney.

8. If a resident of a nursing home has no contract with the home, can he or she still sue the home for improper care?

Yes, nursing home residents who are harmed due to improper care by a nursing home may recover damages under several different legal theories, even in the absence of a contract. A resident might have a cause of action that arises out of negligent personal supervision and care, negligent hiring and retention of employees, negligent maintenance of the premises, or negligent selection or maintenance of equipment. In addition, a nursing home resident who has been abused can pursue damages for assault and battery.

9. What rights do residents of nursing homes have?

A resident in a nursing facility has the right to be free from verbal, sexual, physical and mental abuse. In contrast, restraints may be used upon the written order of a physician who specifies the duration and circumstances under which the restraints are to be used, but only to insure the safety of the resident or other residents. If a nursing home is not regulated by federal statute, its residents will still have rights under state laws.

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