Over 1.5 million seniors live in nursing homes and that number is expected to grow with the increasing age of the “Baby Boomers.” While everyone is entitled to receive proper care and to be treated well and with dignity, many of our elder family and friends suffer from serious abuse and neglect, including lacking medical attention, poor sanitation, and even physical and verbal abuse.
There can be many reasons for or causes of abuse and neglect, such as understaffed nursing homes, improperly trained staff, or even intentional acts of wrongdoing. Unfortunately, elder abuse does not appear to be a problem that is going way. When abuse and neglect occur, the loved ones of the abuse victim should immediately take steps to end this conduct and enforce legal rights.
Rights of Nursing Home Residents
Nursing home residents have many rights but, at an absolute minimum, federal law specifies that these rights include:
- Freedom from discrimination. Nursing homes cannot discriminate based on race, color, religion, national origin, age, disability, or sexual orientation.
- Respect. Residents have the right to be treated with dignity and respect.
- Freedom from abuse and neglect. Residents have the right to be free from verbal, sexual, physical, and mental abuse.
- Freedom from restraints. Unless required to effectively treat medical symptoms, physical or chemical restraints cannot be utilized.
- Medical care. Residents have the right to be informed about their medical condition, medications and to see their own doctor.
Types of Abuse and Neglect
Elder abuse is a term of art that refers to any intentional or negligent act or omission by a caregiver that causes harm or serious risk of harm to a vulnerable adult. The types of abuse include:
- Physical abuse - Physically inflicting pain or injury on an elder by slapping, hitting, pushing, shoving, kicking, and pinching. This type of abuse also include the wrongful use of medication, physical restraints, and force-feeding.
- Sexual abuse - Non-consensual sexual contact of any kind, including unwanted touching as well as sexual assault and battery.
- Emotional abuse - Psychological abuse which includes humiliating, threatening, intimidating or harassing the elder. Also, preventing an elder patient from seeing his or her family or socializing with other residents is also a form of emotional abuse.
- Neglect – Any act which falls below the proper level care or the failure to act when it is required. Neglect of an elder usually takes the form of denying the person basic necessities like food, clothes, shelter, hygiene and medical care.
How To Spot Abuse And Neglect
Sometimes the elderly are fearful to report any abuse they receive out of fear of retribution. In order to protect our loved ones, it is important to look for these signs:
- Physical signs- bruises, broken bones, wounds, cuts, abrasions and burns may indicate physical abuse, neglect or mistreatment. Also bedsores, poor hygiene and unusual weight loss may indicate possible neglect.
- Emotional signs - withdrawal from normal activities or unusual depression may be indicators of psychological abuse.
If You Suspect Abuse or Neglect
If you suspect that your loved one is being abused or neglected, call us. We will investigate to determine if abuse or neglect occurred, and advise you of the legal options to end it as well as recover damages for it. It is vital to call as soon as possible so the conduct can be stopped and the victim's legal rights enforced.
Contact an attorney at Triscaro & Associates today. Please call us for all your legal needs. We offer a full range of legal services to individuals, families and businesses, including personal injury, estate planning, real estate, family law and business matters. We are dedicated to providing the highest quality legal services at a reasonable cost.