Warning Signs of Nursing Home Abuse & Neglect
If you have not witnessed neglect or abuse for yourself but suspect your elderly loved one may be suffering, there are some warning signs you can watch for that may indicate abusive treatment. Turn to one of our nursing home abuse lawyers if you notice any of the following signs of possible negligence or wrongdoing:
- Unsanitary conditions at the nursing facility
- Unusual or sudden changes in the behavior of your loved one (agitation, rocking, tremors, anxiety attacks)
- Resident is fearful of staff
- Resident is hesitant to speak in front of staff
- Unexplained injuries, wounds or bruises
- Infections or frequent illness
- Dehydration
- Malnutrition (rapid weight loss or gain)
- Bed sores or ulcers
- Unexplained or unexpected death
Don’t hesitate for a moment to solicit help from a nursing home attorney if you suspect staff at the facility of mistreating your elderly loved one. Contact one of our featured lawyers today to schedule a consultation and protect your loved one from harm.
Can I protect my loved one from abuse during long term residence in a U.S. nursing home?
The Centers for Medicare and Medicaid Services may be helpful in the protection of a nursing home resident, as they are two big provider payers for elder care. Nursing homes that have been certified must take measures to stay in compliance with the guiding federal and state laws for residents. The joint agencies provide website information where families and individuals can compare nursing homes nationally, and within the state. Last October, the agency’s Nursing Home Compare website added an icon that reveals nursing homes with reported violations. The new feature makes it much easier to find out about nursing home abuse citations without waiting for negative health inspection reports.
Forms of abuse.
Nursing home abuse can occur during various daily living situations through methods of:
- Verbal abuse – The directed use of oral, written language or improper gestures that include critical, offensive and belittling terms to residents or their families
- Sexual abuse – sexual harassment, sexual coercion or sexual assault.
- Physical abuse – affect control by the threat of corporal punishment, or hitting, pushing or painful restraint.
- Mental abuse – humiliation, harassment, punishment or deprivation, and gas lighting.
- Involuntary seclusion – Separating a resident from other residents taking them from their personal space, or even confinement to his room (with/without roommates) against the resident’s will, or the will of the resident’s legal representative.
- Unintentional Abuse – warning signs may include developing bed sores, exacerbation of conditions like diabetes due to changes in medication, diet and exercise, frequent falls, or poor hygiene such as lack of bathing or brushing teeth.
Consider personal factors.
Other personal factors to be considered in the reduction of abuse opportunities for a loved one include a family’s ability to be a regular part of the resident’s life. Consider the 1) distance from home to establish a regular visiting schedule; 2) costs associated with care that are within your means; 3) the size of the facility – with regard to abuse, a large one may have a list of services with more staff, but it could just increase exposure to more people, who could be acting in a negative fashion, compared to intimate settings offering less services, that may allow for abuse due to the lack of oversight from administrators and other staff members; and 4) the comfort and safety of your loved one.
Narrow list.
Before settling on a residential nursing facility that covers the required needs of a family, investigate all clues that might reveal violations of a resident’s bill of rights in accordance with The Nursing Home Reform Act under Title IV of the Omnibus Budget Reconciliation Act of 1987. Services should reflect:
- Proper hygiene and presentation of residents with cheerful attitudes.
- Nursing home interior and surrounding exterior are maintained.
- The environment is free from filth and germs. Lighting and noise are calm and agreeable.
- Staff provide caring, polite and respectful interaction, and identification through name tags so residents can develop a comfort level.
- Home-like atmosphere for resident is maintained.
- Meals are nutritious, served fresh and offered frequently.
- Facility is outfitted with adequate safety equipment in resident rooms. (handrails, call lights, nonskid surfaces, smoke detectors, sprinklers).
- Meaningful activities are provided to residents who wish to participate
- Observe nursing home for abuse.
About 1.3 million Americans live in nursing homes, according to the Centers for Disease Control and Prevention (CDC), and more than half are over the age of 75 increasing chances for dangerous circumstances, or pre-existing health conditions to cause them harm.
Inform resident’s representative.
As part of the residential rights under the Federal Nursing Home Reform Act (NHRA) of 1987 – a resident of a long-term skilled facility must have a representative notified when:
- a resident is involved in an accident and sustains injury,
- a resident’s physical, mental, or psychosocial status changes,
- a resident has a life threatening condition,
- a resident has medical complications,
- resident’s treatment must change significantly,
- the facility wants to transfer or discharge resident from present home.
Just last week the Centers for Medicare and Medicaid ordered reporting of cases for tracking and data purposes, but representatives should have been notified at the outset of COVID-19-related sickness under the residential rights of the Nursing Home Reform Act of 1987, especially as relates to changes listed for reasonable notification to families and representatives.
Standard of care regulations.
If a nursing home accepts Medicare payments, the nursing home must follow Federal Regulations which set forth the standard of care. One of these regulations is 42 CFR sec. 483.25 (h) which provides the facility ensure a resident’s environment remains as free of hazards as possible and adequate supervision is provided, along with a provision of providing adequate medical treatment in line with the current medical standard of care. When sub-standard care results in harm to a resident, possible legal action may be taken against a nursing home and/or the treating medical professional. Nursing home abuse claims include acts of negligence that cause, or exacerbate existing health conditions or place residents in danger and deviations from NHRA could place a resident at risk and may be considered acts of unintentional negligence.
Proving liability.
Circumstances surrounding a negative event in a resident’s care are not always clear to someone who was not directly involved. A legal professional who specializes in nursing home laws may be able to assist in piecing pertinent information together to determine legal action for nursing home abuse. The COVID-19 pandemic put healthcare workers in situations where legal action may be initiated for wrongful death due to inaction, or delayed COVID-19 treatment and may be considered negligence through acts of unintentional harm, even though negative health outcomes were not immediately foreseeable.
Call an attorney.
If you have witnessed signs of nursing home abuse during visitations, contact an attorney who is familiar with nursing home negligence so they can assist with legal actions against it.
