Nursing home abuse is a growing problem in the United States, but one that is increasingly difficult to detect. Lawyers testify to the growing number of concerned family members who sit in their offices, unsure of whether or not their suspicions are correct or justified, and very afraid to make an accusation that is wrong.
Those who are fearful of wrongfully accusing a nursing home of abuse are more afraid of damaging the reputation of their loved one than they are of damaging the reputation of the nursing home or the staff. Nursing home abuse lawyers recommend that any evidence of abuse should be forwarded both to a lawyer as well as the District Attorney's office of that jurisdiction.
Hip fractures are one of the most obvious signs of abuse. Hip fractures often happen from falls, falls which are preventable with proper supervision. Improper supervision, or more respectfully, refraining from physical requests that the patient is incapable of completing, is a form of abuse. Any nursing home with three or more instances of hip fractures within a 30 day period is likely to be suspect of abuse. Hip fractures can also happen as a result of physical abuse.
Anytime abuse is suspected, documentation in the form of photographs, written observations, and any other evidence can in fact be very valuable, but it is always best if this evidence can be collected by either law enforcement or a lawyer.
Lawyers obviously specialize in presenting cases in lawsuits, and thus their ample experience and understanding of the law is necessary in order to proceed without making mistakes that can ultimately lose the case on behalf of the victim.
Family members of victims tend to be rather emotional, understandably so, as we have handed over a great deal of money to ensure our loved one received the very best care possible. To find out that they have become a victim of nursing home abuse is enraging. Struggling with the decision to place them in a nursing home was hard enough, and we trusted our own judgment and tried to make the right decision. This emotional connection can interfere with the progression of a lawsuit, which is why it is best to leave the investigations in the hands of a competent lawyer.
Lawsuits can be very difficult on the victims, and it is always recommended that nursing home abuse lawsuits be built around evidence that can avoid the victim's testimony. While this may not always be possible, it is not uncommon for family members and even other nursing home staff to be able to offer valuable testimony in a lawsuit.
Lawsuits have brought much needed attention to the state of nursing homes over the past ten years. Nursing homes are held to a higher standard than they were even just a decade ago, but still their standards do not need to be even as high as subsidized child care standards. Lawyers are likely going to need to speak at least at one point to the victim.
Victims often resist even talking to a lawyer, either out of a misplaced feeling of guilt or a feeling of fear of retribution. Victims have been known to lie to the lawyer in order to prevent a lawsuit from continuing. This is normal, and by all means can be worked around. Most of us may not understand why the victim is so resistant to the notion of receiving justice. Yet anyone who lives with their abuser is not likely to speak out even when given the chance.
The important thing for family members, and even sometimes the lawyer, to remind the victim as the lawsuit moves forward, is that the victim did nothing wrong and they have nothing to feel guilty about. It is likely to take constant reminders for the victim of abuse to truly believe that at least those around him or her don't believe that they are culpable. Any type of abuse, whether physical or neglectful in nature, is likely to also have a psychological effect.
Although the problem has existed for years, it has only recently been seriously addressed. The first comprehensive report on nursing home abuse which actually analyzed reports from across the country was undertaken in 2001 at the instigation of Senator Henry Waxman, (Democrat-California).
The report studied a two year period from 1999 to 2000 and found that around 30% of the 17,000 or so nursing homes in the United States were cited for some kind of abuse. The report also found that on occasion, residents were actually attacked by other residents and staff members.
Abuse in nursing homes is often described as "institutional abuse" and there are several different types. Abuse can be physical, emotional, psychological, and even sexual. And many examples of abuse only come to light when residents or families actually complain.
So if your loved one is in a nursing home, what can you look for to make sure this isn't happening? Ascertaining nursing home abuse can be difficult, as often residents have limited means to communicate. Identifying abuse can require frequent visits and observant monitoring.
Physical abuse is perhaps the easiest kind of abuse to identify. Signs include any kind of unexplained injuries such as cuts, wounds or bruising. Also, look for unreasonable physical restraint or forcing a resident to stay in his or her room for a long time.
Medication is an area where neglect or abuse can occur. Residents can be abused by either being given too much or not enough medication. Staff in nursing homes that have the job of administering medication to residents are required to be trained and experienced in this area.
Nursing home abuse can also be emotional or verbal. Residents who have been abused in this way may seem upset, agitated or withdrawn. They may also exhibit aggressive, insulting or humiliating behavior towards friends and family.
And be watchful for any unusual or obsessive behavior such as rocking, hugging oneself or nail biting. Also, try to observe a resident interact with a caregiver - they both should be comfortable in each other's company. If a resident is withdrawn or fearful, it may be a warning sign of emotional abuse.
Sexual abuse is a terrible thing, but it occurs more often than is believed. Many seniors with dementia are particularly vulnerable, and sadly, many staff have not been adequately vetted before being employed. Some things to look for would be torn or bloody clothing, unexplained genital infections or venereal disease.
There are other warning signs. Any injury that occurs inside a nursing home that necessitates the need for a hospital visit or emergency treatment should raise a red flag. And you should be suspicious if a resident's injuries or illness are not immediately reported to a family member or doctor.
One type of abuse which is particularly difficult to spot is financial exploitation. Some examples of this might include stealing or misusing resident's possessions; cashing checks or forging signatures. Many elderly residents have little or no knowledge of how much money they have and when bills are due.
There are certain things you can do if you are trying to choose a nursing home for a loved one. Apart from talking to the residents and the administrator, try talking to some of the staff and the residents' families. And according to Medicare regulations, you also have the right to see a copy of the most up to date state survey.
Try to visit a nursing home at different times of day or night, nursing homes are routinely not as well staffed at weekends or late evenings. Try to visit during meal times and ascertain the quality of the food, and whether residents are being assisted with their meals. Some facilities will allow you to eat with the residents.
Nursing home abuse is a terrible thing, and not always easy to identify. Having made the decision to put your loved one in a nursing home, it's partly up to you to make sure they are getting the care they need, they may not be able to do it themselves.