Nursing Home AbuseWhat constitutes nursing home abuse?
Nursing home or assisted living facility neglect and abuse may involve deliberate acts against a client or patient - or failure to act in the client's or patient's best interests.
The U.S. Department of Health and Human Services has identified seven basic forms of abuse or neglect that occur in nursing homes and assisted living facilities:
- Physical abuse
- Verbal or emotional abuse
- Misuse of physical restraints
- Misuse of chemical restraints (drugs)
- Physical or medical neglect
- Verbal or emotional neglect
- Abuse of the resident's or patient's personal property
Does one person have to be at fault? Not necessarily. Quite often, where abuses occur, "the system" may be at fault. This is especially true in understaffed or overcrowded facilities, where too few caregivers must look after too many residents with widely varying medical and personal needs.
Whenever you visit a loved one in a nursing home or ALF, make a habit of noticing how they seem to be getting on. Our checklist can help you assess whether or not their rights are being violated, or that they are not getting the care they are entitled to.
You must be prepared to act
Residents under care in nursing homes or ALFs often say nothing directly. They may be afraid. They may be confused, or otherwise unable to communicate. They may simply think they won't be believed. To prevent continued abuse and neglect, you as guardian, family member, or friend must be prepared to act.
- Repeat any complaints to the administrator of the home or the director of nursing.
- Names of staff, residents, visitors or anyone else who may have contributed to the abuse or neglect are vital. Obtain names, addresses and telephone numbers of witnesses, if available.
- If an injury has occurred, document or photograph the injury to the resident and the scene where it occurred.
- Tell the victim's personal physician exactly how the injury occurred and describe all symptoms and complains, however small or insignificant they may seem at the time.
- Get receipts for all expenses relating to the accident.
- Consult a lawyer, social worker or local ombudsman, and call the Abuse Hotline (800) 962-2873.
How to Stop Nursing Home Abuse
Visit the facility several times before making a decision to admit your loved one
Even the best facilities, however, need to be monitored and regulated. Governments can provide checks and balances. There are many cases where nursing homes that have long lists of violations filed against them by past residents are still open and operating. It is best to visit the facility and your loved one as often as possible. If you are unable to visit regularly, you may want to hire an aide/guardian, or ask a friend or local clergy member to drop by and visit from time to time.
The more you understand how a nursing home operates, the better prepared you will be to deal with problems if and when they arise. As a legal guardian or other interested party, it is up to you to know the facts and ask questions. You could make a difference not only for your loved one, but for other residents as well.
Please contact attys@princeglicklaw.com with comments.
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