Whether we want to admit it or not, the incidence of elder abuse is on the rise. Negligent care and nursing home abuse has become a serious and widespread problem. According to the National Center on Elder Abuse, between the years of 1986 and 1994, the number of cases of elder abuse jumped from roughly 120,000 to 240,000.


TYPES OF ELDER ABUSE

There are various types, signs, and degrees of institutional abuse and elderly abuse inside and outside of nursing homes.

General Neglect

General neglect by nursing home staff or the individual who has custody of an elder is the most prevalent type of elder abuse. Neglect occurs when any associated nursing home staff or related healthcare professional does not fulfilling their stated duty to a resident. This includes general care, taking them to the restroom, financial neglect (not paying bills). Most serious is not providing proper necessities such as food, water, shelter, hygiene, medicine, safety, and other items that are reasonably understood to be necessary for living. This can include:

Failure to assist in providing adequate personal hygiene or clothing

Failure to provide proper medical care, medicine, or physical or mental care. (This is exempted in cases where the elder refuses such care.)

Failure to protect the health and safety of an elder.

Physical signs of Elder Neglect

  • Sores or rashes on the body
  • A smell of urine or fecal matter on elder’s body, in their room or other living area
  • Safety and/or health hazards are evident in elder’s living area
  • Elder has an untreated medical condition
  • Obvious malnutrition
  • Elder is excessively dehydrated
  • Inadequately clothed

Physical Abuse

Physical abuse by a nursing home staff or custodian is the second most common from of elder care abuse. Exactly what constitutes physical abuse is defined by each state and jurisdiction. Physical abuse occurs when someone uses physical force to willfully inflict bodily injury, harm, pain, or damage to an elderly person. Examples of physical abuse include some of the following:

  • Hitting
  • Striking
  • Pushing
  • Shoving
  • Burning
  • Slapping
  • Kicking
  • Unduly restraining
  • Restraints for an excessive period of time
  • Inappropriate or excessive drugging
  • Forcing residents to eat or drink
  • Depriving residents of food or drink

Signs of Physical Abuse

  • Bruises, welts, or discoloration on the face or body
  • Bedsores (skin ulcers, pressure sores, decubitus ulcers, dermal ulcers, or pressure ulcers)
  • Puncture wounds, cuts, scratches, lacerations
  • Scared or fearful attitude of resident to a particular staff member
  • Reluctance of resident to explain burns, wounds, bruises, etc.
  • Soiled clothing, bed, or living area
  • Untreated or cared for medical problems
  • Bodily problems not compatible with resident’s history 
  • Burns on the body (commonly from cigarettes, ropes, restraints, etc.)
  • Significant weight loss (in absence of illness)
  • Noticeable dehydration (in absence of illness)
  • Noticeable malnutrition
  • Significant skin problems
  • Poor skin condition or poor skin hy
  • Bleeding or hemorrhaging below scalp

 top

Sexual Abuse

Sexual abuse is perhaps the most egregious of all acts perpetrated by nursing home staff and custodians upon elders. Sexual abuse occurs when any individual engages in nonconsensual sexual contact of any kind with an elderly person. Sexual abuse has also occurred when sexual contact occurs with an elderly person who is unable to give consent. This can include, but is not limited to:

  • Coerced sex
  • Coerced nudity
  • Touching in a sexual manner
  • Rape
  • Sodomy
  • Sexual assault or battery
  • Rape
  • Sexually explicit photographing
  • Pornography

Signs of Sexual Abuse

  • Inappropriate display of affection by staff member
  • Flirtation or coyness directed to a particular resident

 top

Psychological or Emotional Abuse

Psychological or emotional abuse occurs when a nursing home staff or custodian willfully inflicts mental and psychological pain, anguish, distress or suffering towards an elder individual using verbal or nonverbal acts. Emotional/psychological abuse includes but is not limited to:

  • Verbal insults
  • Intimidation
  • Threatening physical violence
  • Threatening coerced sex or sexual-related
  • Humiliating elders
  • Harassing elders
  • Insulting elders
  • Isolated an elder from relatives, friends, and others
  • Giving an elder the silent treatment
  • Treating an older person like an infant

Signs of Psychological/Emotional Abuse

  • Confusion
  • Unwarranted anger
  • Depression without illness
  • Agitated state
  • Unusual silence or sulleness
  • Helplessness
  • Hesitation to talk openly
  • Implausible stories
  • Confusion or disorientation
  • Denial
  • Fear
  • Withdrawal symptoms

 top

Abandonment

Abandonment occurs when a custodian of an elderly individual willfully abandons or deserts them in an instance when a reasonable person would continue to provide care of custody. In the act of desertion, the elderly individual is deprived of important needs such as food, water, hygiene, etc.

Signs of Abandonment

An elder alone, confused, and apparently with no one with them at a hospital, a nursing facility, or similar institution.

An elder at a shopping center or other public location.

An elder reporting that they were deserted by their caretaker.

 top

Financial Exploitation

Financial exploitation occurs when an individual who controls the finances of an elder exploits their position and irresponsibly or inappropriately use money, funds, property, or assets that are intended for use by an elder. Examples include but are not limited to:

  • Not paying bills on time
  • Using, stealing, or misusing money or possessions for their own use
  • Cashing an elder’s checks without permission
  • Forging an elder's signature
  • Abusing their power of attorney for their personal gain
  • Deceiving an elder into signing a will, contract, or document

Signs of Financial Abuse

  • Resident has no awareness of their financial affairs. Not aware of how their money or assets are being handled.
  • Resident’s rent is often overdue. Other bills are late or are unpaid.
  • Noticeable difference between known material status of resident and appearance (clothing, material possessions, etc.).
  • Inappropriate activity of bank accounts
  • Signatures on checks do not resemble the older person's signature, or signed when older person cannot write
  • Recent changes to will for a resident who is unable to make such a decision.
  • Caregiver concerned that too much money is being used to provide resident with care and services.

 top

Signs of Abuse by Staff

The following signs should be indicators that neglect, abuse, exploitation, mistreatment or less-than-adequate nursing home care is being perpetrated by a caretaker or nursing home staff.

  • Resentment by staff towards elder
  • Elder not allowed to visit friends or speak without staff member present
  • Aggressive behavior by staff member towards elder
  • Staff member has a history of suspected abuse
  • Staff member is addicted to, or has had a bad history with, alcohol or drugs
  • Seems often absent from duties towards residents
  • Staff or caregiver is indifferent or displays anger towards elder
  • Caregiver and resident/family/friend gives different account of injuries, incidents, etc.
  • Caregiver of staff is inexplicably defensive over actions towards residents or elders
  • Staff or caregiver actively works to isolate resident
  • Caregiver reluctant to provide resident with needs or resident medical plan

 top

Risk Factors for Elderly

  • Verbally abusive
  • Hostile
  • Threatening language
  • Derogatory language
  • Demanding of services
  • Intrusive
  • Manipulative
  • History of substance abuse
  • Sexual acting out
  • Incontinent
  • Passive aggressive behavior
  • Deaf or mute
  • History of multiple incidents of any of the above
  • Incompetent, organic brain syndrome (OBS), demented

Employee Risk Factors

  • Alcohol/drug abuse
  • Aggressive or physical behavior
  • Family problems/history of family violence
  • Financial problems
  • Rivalry issues
  • Inadequately trained
  • Mental problems
  • Past disciplinary actions
  • Excessive absenteeism
  • Looking to resident to fulfill their needs
  • Social isolation

Facility Risk Factors for Facility

  • Insufficient staff training
  • Less than adequate maintenance on structures.
  • Excessive demands on staff
  • Insufficient staff
  • Poorly paid staff
  • Accepting residents whose needs cannot be met by facility
  • Crowding/concentration of vulnerable adults
  • High employee absenteeism
  • Staff duties not properly defined
  • Poor response to alleged incidence of abuse
  • High personnel turnover

CONTACT US                                         top


Find a Lawyer
Click a state to find a nursing home abuse lawyer near you:

 


1. Monitor to make sure the nursing home follows its personalized health and care plans for your loved one.

2. Make sure that the home conducts an initial assessment of the resident's functional capacity. If anything changes for the worse, address the problem as soon as possible in order to stop anything that may be happening and anything that could cause serious trouble down the road.

3. Keep a copy of a resident’s federal and state rights. If anything appears amiss, or you find out that something has occurred that violates these rights, immediately bring them to the attention of the administration.

4. If your loved one has difficulty moving around or is bed ridden, check often for bed sores that the staff may have missed. If you do find bed sores, treat them early on to prevent them from worsening and inform the staff or administration. Follow up to make sure they have been handled correctly.

CLICK HERE TO LEARN MORE ABOUT HOW YOU CAN PREVENT NURSING HOME NEGLIGENCE!