Nursing Home Abuse FAQ

What are the causes of nursing home abuse and neglect?
Many times nursing homes do not hire enough, as well as qualified, staff. Under qualified, insufficiently trained, and overworked staff can result in abuse and neglect. Unfortunately, many living in nursing home are unable to properly communicate instances of abuse or neglect because of their physical or mental state.

Susan Eaton, assistant professor of public policy and who has studied the link between human resource personnel management and the quality of patient care in nursing homes attributes nursing home problems to, “care-giving work in general is under-valued. We pay animal keepers more than eldercare providers. Many nursing home workers do not have health insurance themselves, and almost none have pensions. Second, working with the elderly can be difficult, stressful, and unsafe, especially as nursing home residents become more frail, demented, and acutely ill when released from hospitals. Nursing homes are more dangerous places to work than construction sites or coal mines. Third, public funds pay more than two-thirds of nursing home costs. Medicare and Medicaid have not increased their coverage or payment rates as fast as costs, because of concerns over deficits and taxes in the political arena. Many nursing homes do not pay enough to keep a full time worker's family out of poverty.”

What are the different types of neglect and abuse?

• Mental Abuse: fear, agitation, hesitancy, depression, withdrawal, sudden behavior changes, unusual behavior patterns, unwillingness to communicate, disorientation, confusion, unjustified isolation, rude, humiliating, derogatory comments by staff, specific complaints by residents
• Physical Abuse: wounds, cuts, abrasions, burns, bruises, welts, swelling, broken bones, sudden, inexplicable weight loss, unexplained/hidden injuries, unwarranted restraints (either physical or chemical), specific complaints by residents
• Neglect: bed sores (decubitus ulcers), unsanitary environment, malnutrition, dehydration, smells of urine and/or feces, unkempt appearance, poor personal hygiene, untreated medical condition, specific complaints by residents
• Exploitation/Financial Abuse: sudden, unjustified selling of property, missing/stolen money or property, radical changes in handling personal/financial affairs, specific complaints by residents

What are some recognizable signs that abuse or neglect could be occurring?
Any of the following signs could warrant further investigation:

• Unexplained bruises, cuts, burns, sprains, or fractures in various stages of healing
• Bedsores or frozen joints
• Unexplained venereal disease or genital infections; vaginal or anal bleeding; torn, stained, or bloody underclothing
• 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

How prevalent is nursing home abuse?
More than 1.6 million Americans reside in more than 16,000 nursing homes across this country. A 1998 study conducted by the U.S. General Accounting Office (GAO) concluded that more than half of the suspicious deaths studied in nursing homes were probably due to neglect, including malnutrition an 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 be found across the nation. Unreported instances of abuse most also be taken under consideration.

How Can I Choose A Safe Nursing Home?
Although there is not a full proof way to choose a nursing home, there are steps you can take to better ensure the safety of your family members. By asking questions and looking for signs at the facility you can better prevent unnecessary instances of abuse from occurring. Here are a few questions you can ask the facility (information from Medicare):

• Are the home and the current administrator licensed?
• Does the home conduct background checks on all staff?
• Does the home have special services units?
• Does the home have abuse prevention training?

As with any important decision, by doing your homework you can help put your mind at ease with your final decision. Some other useful tips include:

• The nursing home and its administrator should be licensed by the State to operate
• Do the nursing home’s procedures to screen potential employees for a history of abuse meet your State’s requirements? Your State’s Ombudsman program might be able to help you with this information.
• Some nursing homes have special service units like rehabilitation, Alzheimer's, and hospice. Learn if there are separate waiting periods or facility guidelines for when residents would be moved on or off the special unit.
• Do the nursing home’s training programs educate employees about how to recognize resident abuse and neglect, how to deal with aggressive or difficult residents, and how to deal with the stress of caring for so many needs? Are there clear procedures to identify events or trends that might lead to abuse and neglect, and on how to investigate, report, and resolve your complaints?
• Are there policies or procedures to safeguard resident possessions?

If I suspect nursing home abuse or neglect what can I do?
We would like to hear from anyone who has been the victim of or has a family member that was victimized under the care of a nursing home facility. We provide sound legal counsel and can answer any questions you may have regarding your legal rights.

Many serious health problems and deaths have occurred because of nursing home abuse. If you suspect that your family member may be the victim of nursing home abuse immediate action can save any further tragedies from happening. The problem should be brought to the attention of the nursing home, and if problems do not cease than government assistance and legal assistance is available. Contacting your state attorney general’s office to report abuse and using private attorneys can bring the matter to light and to justice. If you have any questions regarding the abuse of a family member in a nursing home, please contact us.