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HABLAMOS ESPAÑOL

NURSING HOME ABUSE

NJ Nursing Home Neglect and Abuse Lawyers

Summary

Nursing homes are designed to provide high-quality care to residents whose families cannot care for their elderly or disabled loved ones on their own. But residents at nursing homes and assisted living facilities may be at risk of abuse and neglect. This is unacceptable nursing home abuse. There is also another section that deals with deaths in the nursing home setting related to Covid-19. CLICK HERE

What Is Nursing Home Abuse?

Over 1.5 million people currently live in nursing homes in the United States.  Nursing home abuse has been a nationally-recognized problem since the 1970s, according to the U.S. National Research Council.

It occurs when elderly residents suffer serious harm or neglect while living in a nursing home. The abuse or neglect of elders can lead to mental problems, serious illnesses, and even death.

According to the U.S. Department of Justice (DOJ), 1 in 10 adults at least 60 years old or older will experience elder abuse in any given year.

Families often have no other choice but to place an elderly loved one in a nursing home. This is often the case for seniors who suffer from physical or mental conditions that need round-the-clock care.

Most families trust that their elderly loved one will be well taken care of in a nursing home — as these facilities are designed to keep seniors safe and healthy.

Unfortunately, there are reports of residents being seriously injured or dying in nursing homes throughout the United States. Many of these incidents can be traced back to nursing home abuse.

Nursing home residents can be:

  • Emotionally abused
  • Verbally assaulted
  • Physically harmed
  • Financially exploited
  • Seriously neglected
  • Sexually abused

No matter what form abuse takes, it brings serious harm and is unacceptable.

Financial Abuse

Also called financial or material exploitation, financial abuse typically involves a trusted person (like a caregiver or family member) illegally taking or using the funds of a senior citizen. This can include a nursing home worker cashing a resident’s check without permission, forging a resident’s signature, or stealing money or other property from the resident. Advances in technology have made such abuse not only easier, but also more common.

Detecting financial abuse can be difficult since it does not leave any physical marks, and may be completely unnoticed by the elderly resident! It is important for family members to keep track of a nursing home resident’s bank accounts, social security or pension payments, and other financial goods.

Sexual Abuse

While it may be a subject most of us would rather not think about, sexual abuse in nursing homes does occur. Elder sexual abuse refers to any kind of sexual contact or conduct against a person over the age of 60 without his or her consent. That includes seniors who cannot communicate or are otherwise unable to give consent or disapproval. Due to the perceived stigma associated with this type of abuse, it is uncommon for victims to come forward and can be difficult to prove.

Sexual abuse can result in changes in attitude and personality, but these can also occur due to aging or other natural psychological changes. This fact makes it very hard to determine the reason for new behavior. While you do not want to make false accusations, you still want to protect your loved ones. Look for additional warning signs like bruises that cannot be explained and signs of intense fear or anxiety, including sudden weight loss, lack of eye contact, and panic attacks.

Emotional and Psychological Abuse

Emotional and psychological abuse may actually be the most common forms of abuse in nursing homes, but they are also the most difficult to detect. They include verbal abuse, such as humiliation and ridicule; isolating a resident from others; demeaning behavior toward a resident; and intimidating or terrorizing the elderly resident.

While emotional abuse does not leave physical marks, there are still some signs to watch for while visiting a loved one in a nursing home. Severe changes in behavior like avoiding eye contact, a noticeable loss of self esteem, and sudden mood swings can indicate emotional abuse. Additional warning signs include lack of communication, sudden changes in sleeping or eating patterns, and a resident’s sense of hopelessness. If you are told you cannot visit with your loved one, or learn that he or she is being denied time with other residents and friends, these may also be indications of psychological abuse.

Causes of Nursing Home Abuse

Not all nursing homes are able to provide the same standard of care. Some facilities lack the resources and oversight needed to ensure all residents receive quality care.

Some nursing homes are chronically understaffed and may be unable to take care of their many residents.

We understand that many nursing home staff members work long, hard hours. Many of these caregivers are a blessing to families who cannot care for an elderly loved one on their own.

Unfortunately, nursing home staff are not immune to the challenges that arise from understaffing and poor management, and sometimes intentional abuse occurs.

Nursing home staff members may experience:

  • Burnout and overwork
  • Improper training
  • Lack of management or supervision
  • Shortages and understaffing

Any of these external factors may contribute to nursing home abuse or neglect.

Warning Signs of Nursing Home Abuse

It cannot be overstated: If you know the signs of nursing home abuse, you can be the one to end it.

Elderly citizens may be at higher risk of abuse if they have mental or physical ailments that make it harder for them to speak up. For example, a resident with dementia may not be able to tell you if another resident has hurt them.

Despite this higher risk, there are steps you can take to help keep your loved one safe.

Take a look at the list below. If you notice that your loved one exhibits any of these abuse warning signs, do not wait — take immediate action.

Physical Injuries

  • Broken bones
  • Bedsores
  • Head injuries
  • Unexplained bruising

Signs of Neglect

  • Dehydration or malnourishment
  • Improper medications
  • Poor hygiene
  • Soiled bedding

Emotional Changes

  • Agitation, withdrawal, or fear
  • Frequent crying
  • Complaints of poor treatment

Examples of Neglect

Some examples of nursing home neglect are:

  • Covid related deaths
  • Lack of personal hygiene
  • Lack of protection from other persons in the nursing home
  • Lack of food or water
  • Overdose of medication
  • Lack of proper medical treatment
  • Lack of proper overall care
  • Bedsores
  • Infections

Many abuse or neglect victims

How to Report Nursing Home Abuse

Many incidents of nursing home abuse go unreported — as many as 24% of incidents are not reported, according to the DOJ.

If you suspect that someone you love has been abused, there are options available. If needed, you can remove your loved one from the nursing home.

Always call 911 if someone’s life is in immediate danger. In all abuse cases, the health of the victim should be the biggest priority.

If you suspect abuse, you can also file a report with local, state, and national authorities. Keep in mind, some reporting procedures vary by state. 

Each state has Adult Protective Services (APS) agencies. APS operates with state governments to keep elders safe. Every state also has a long-term care ombudsman program. Ombudsmen are volunteers who listen to the concerns of nursing home residents and work toward solutions.

To learn more about your options, view our list of nursing home abuse resources by state.

Reporting elder abuse is a crucial step. By bringing to light the abuse, you hold the nursing home and the abusers accountable. This can bring about positive change and protect other families from suffering.

Once the abuse is reported, you may also wish to seek justice and compensation through a nursing home abuse lawsuit. To get the process started, contact Pagliara Law Group.

Nursing Home Abuse Lawyers and Lawsuits

Nursing home abuse causes suffering — both to residents and their families. The victim may have suffered injuries that require medical attention. Those who trusted a nursing home to care for their loved one may be emotionally distraught. No matter your financial circumstances, you have access to justice.

Nursing home abuse lawyers can help you:

  • Collect documents, statements, and records to strengthen your case
  • Receive financial compensation through a legal claim
  • Hold the abusers accountable

OTHER RELATED RESOURCES

Elder Abuse

National Institute on Aging

 

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