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| Nursing Home Abuse InfoCenter is an Internet legal directory that offers you the opportunity to research nursing home abuse and your rights associated with nursing home injuries. Nursing Home Abuse InfoCenter does not offer legal advice or referrals. |
| Nursing Home Abuse Information |
| Nursing home abuse refers to elder abuse that takes place in a residential, long-term care facility. It is also sometimes referred to as institutional elder abuse. The specific legal definition of nursing home abuse varies from state to state, but in most states it is considered a criminal offense and falls under the general heading of elder abuse. Other types of elder abuse are domestic abuse (abuse or neglect committed by a family member, friend, or caretaker) and self-neglect (in which an elderly person fails to care for him or herself). What are the different types of nursing home abuse? There are several different types of nursing home abuse that may occur. They include: § Physical Abuse – inflicting bodily harm on a nursing home resident through kicking, hitting, punching, overmedicating, withholding prescription drugs, or using physical restraints unnecessarily. § Sexual Abuse – forcing an elderly person to engage in any type of sexual behavior against their will. Sexual acts committed with an elderly person who is unable to grant or deny permission because of physical or mental status are also considered abuse. § Emotional Abuse – keeping a nursing home resident isolated from family and friends; verbal abuse such as yelling, using demeaning language, making threats, or refusing to speak to an elder. § Financial Abuse – using an elder’s money without his or her permission; engaging in financial transactions, making purchases or withdrawals, or signing up for credit cards or services without consent. § Neglect – withholding food, water, medication, hygienic care, etc. In some cases, fear of repercussions may prevent victims of abuse from telling their families that they are being mistreated. Physical or psychological problems may also limit a victim’s ability to seek help. If you believe that a loved one is being abused, it is important to seek help as soon as possible. How can elder abuse be prevented? Elder abuse is a complex issue, and a permanent solution to the problem is not easy to find. There are, however, steps that residents and families can take to limit the likelihood of nursing home abuse. 1. Be aware. Knowing about elder abuse can help you identify and stop it. Make visits at various times, keeping an eye out for signs of abuse among residents. 2. Be heard. Get involved in councils for residents or family members. Speak regularly with care providers and nursing home staff. If you have questions or concerns, ask until you get answers. 3. Be part of a team. If you are a resident, work to maintain relationships with other residents as well as your family and friends outside the facility. If you have concerns about the quality of your care, speak up for yourself. Family members can make contact with other families, sharing knowledge, concerns, and information if necessary. If you suspect that abuse or neglect is happening in a nursing home facility, consider contacting your state’s long-term care ombudsman. This person can help investigate your concerns and contact the appropriate authorities if necessary. You may also want to consider contacting a nursing home advocacy group or an attorney who specializes in nursing home abuse cases. What types of laws are designed to protect the elderly? Laws to protect the elderly exist at the federal and state levels. Federal law provides definitions of elder abuse and creates funding for state and local training and awareness programs. Most laws pertaining to nursing home abuse, however, are state laws. Adult Protective Services (APS)/Institutional Abuse Law All fifty U.S. states have Adult Protective Services programs. APS responds to reports of abuse, researching claims and providing social services as necessary. In some states, APS is only available to victims of domestic abuse while in others it is also available to nursing home abuse victims. If APS does not cover nursing homes, institutional abuse laws may fill the void. They serve an essentially analogous function but refer specifically to nursing homes and other residential care facilities. Ombudsmen In order to receive federal funding, states must have a Long-Term Care Ombudsman Program (LTCOP). Ombudsmen are responsible for investigating complaints against nursing homes. They may turn their findings over to APS, law enforcement, or other regulatory agencies. Nursing Home Abuse Criminal Law Although criminal laws pertaining to nursing home abuse vary from state to state, there has been an overall move toward making nursing home abuse a criminal offense. Even in states with less specific laws about nursing home abuse, general criminal laws, such as those dealing with rape and assault, apply. |