Nursing homes are notoriously understaffed, and mistreatment of nursing home residents is, unfortunately, common. Various studies have reported horrifying statistics:
- 50% of nursing home staff in one study admitted they mistreated older residents.
- 40% of staff in another study said they committed at least one act of psychological abuse against a patient during a 12-month period.
- 44% of nursing home residents said they had been abused.
- 95% of residents said they had been neglected or had observed another resident be neglected.
What is the Difference Between Neglect and Abuse in Nursing Homes?
Both neglect and abuse are forms of mistreatment, but they refer to different kinds of wrongful conduct. Neglect occurs when a nursing home does not do something that it should be doing. Abuse is when someone in the nursing home, usually a staff member but sometimes another resident, intentionally inflicts harm on a resident.
More specifically, neglect is the failure or refusal of a nursing home to provide goods or services that are necessary for a resident’s well-being. Neglect includes the failure to provide necessary food, clothing, medical care, medications, and assistance with hygiene and toileting when needed.
Signs of neglect include bed sores, malnutrition or sudden weight loss, dehydration, psychological distress, living spaces that are not clean, and poor personal hygiene. Deterioration in a resident’s physical or psychological condition can also be a sign of neglect. In some cases, neglect can cause a resident’s death.
Abuse is intentionally injuring, unreasonably confining, intimidating, or punishing residents in a way that causes pain, mental anguish, or physical harm. Abuse can be physical, verbal, psychological, or financial. Physical abuse includes pushing, hitting, slapping, sexual abuse, and the improper use of restraints. Verbal and psychological abuse include harassment, threats, humiliation, and intimidation. Financial abuse includes theft, fraud, and improper use of funds.
What You Can Do If You Suspect a Nursing Home Is Neglecting or Abusing a Loved One
Neglect and abuse in nursing homes are not only shockingly widespread – they are also illegal. If you suspect your loved one is being mistreated, talk to the manager of the nursing home. If this does not resolve the situation, then there are steps you can take to help your loved one:
- Keep notes and take pictures of any signs of neglect or abuse.
- Request copies of your loved one’s medical records and care plan.
- Move your loved one out of the nursing home, if possible.
- You and/or your loved one should talk to an experienced nursing home lawyer to find out if the mistreatment rose to the level needed to file a lawsuit.
- If so, consider suing the nursing home to hold them accountable for the harm they have done to your loved one.
If you sue the nursing home, your loved one may receive compensation for their medical expenses, physical pain, emotional distress, permanent injuries, and lower quality of life. Because neglect and abuse in nursing homes are often severe, compensation is often substantial. Filing a lawsuit can also help prevent the nursing home from abusing or neglecting other patients in the future.
If, tragically, your loved one lost their life because of nursing home neglect or abuse, you can file a wrongful death lawsuit on your loved one’s behalf, seeking compensation for their medical expenses, pain, and suffering, and for your loss of your loved one.
The nursing home lawyers at Garmey Law are committed to achieving justice for nursing home residents who have been abused or neglected. We would be glad to answer your questions. Call us or contact us through our website for a free consultation.