What are the Signs of Nursing Home Abuse & Neglect?
When placing a loved one in a nursing home or long-term care facility, a family has the right to expect the highest standards of care. All patients have the right to treatment with the utmost dignity, choice, and self-determination in all aspects of life and care.
Unfortunately, incidents of poor care and injuries occur all too often. The signs of nursing home abuse and neglect may be hard to identify. Residents often cannot voice their concerns to a family member or defend themselves.
If you believe your loved one has suffered abuse or neglect, there are steps you may take to help ensure their safety and potentially seek compensation for the injuries, including filing a complaint, documenting abuse, seeking an ombudsman’s assistance, and speaking with an attorney.
Our guide’s goal is to present you with the tools to identify abuse, advocate for your loved one, and seek justice in situations where long-term care facilities fall short of their responsibilities.
What is the difference between Nursing Home Abuse & Neglect?
Definition of Abuse in Long-Term Care Facilities
In the context of long-term care facilities, abuse encompasses the deliberate act of causing injury and enforcing unreasonable confinement, intimidation, or punishment towards residents, which culminates in physical harm, pain, or mental anguish. Examples of abuse include, but are not limited to:
- Verbal Abuse: This may involve derogatory remarks, yelling, threats, or any form of verbal harassment that undermines the dignity or mental well-being of the resident.
- Sexual Abuse: Unwanted or non-consensual sexual interaction of any kind with a resident. This includes actions a resident cannot understand or consent to due to cognitive impairments.
- Physical Abuse: The infliction of pain or physical injury upon a resident. This can range from hitting, slapping, and pushing to improper use of restraints or medication.
- Mental/Psychological Abuse: Actions or verbal assaults that cause emotional pain, distress, or anguish. This includes isolation, humiliation, intimidation, or denying basic rights and freedoms.
- Technological Abuse: Using technology to facilitate any of the above abuses or to exploit residents financially, socially, or personally. Examples include unauthorized use of a resident’s personal information, cyberbullying, or the non-consensual sharing of private images or information.
Definition of Neglect in Long-Term Care Facilities
Neglect in long-term care facilities refers to the failure, whether intentional or not, to provide the necessary goods and services to residents, which are essential for avoiding physical harm, pain, mental anguish, or emotional distress. This encompasses a wide range of care aspects, including but not limited to:
- Basic Needs: Failing to provide adequate nutrition, hydration, or a clean and safe living environment. This also includes neglecting to offer appropriate clothing and shelter.
- Medical Care: Overlooking residents’ medical needs, such as not administering medication as prescribed, ignoring necessary medical treatments, or failing to summon medical attention when needed.
- Personal Hygiene: Neglecting assistance with personal hygiene tasks, such as bathing, grooming, and dental care, that residents need help to perform independently.
- Emotional and Social Needs: Ignoring residents’ social or emotional needs leading to isolation, loneliness, or lack of stimulation and engagement. Practices such as not providing opportunities for social interaction or ignoring the residents’ preferences and choices.
- Protective Oversight means failing to ensure the safety of residents, especially those vulnerable to wandering or self-harm, and not taking steps to protect them from potential hazards.
Common Examples & Signs of Nursing Home Abuse & Neglect
Signs of Nursing Home Abuse & Negligence
- Severe weight loss and malnutrition
- Inattentive staff who fail to answer call lights
- Poor hygiene
- Bedsores
- Torn, soiled, and/or bloodied clothing
- Unsanitary facility
- Fractures resulting from falls
- Dehydration
- Infections or sepsis
- Bruises and other unexplained injuries
- Negligent security on the premises
- Attacks by staff and other patients
- Missing money
- Theft of personal property
- Lack of communication from nursing home staff
- Illegal restraints
- Anxiety, depression, withdrawal, and other behavioral changes
- Overmedication, Missing medication, or lapses in medication
- Worsening of medical conditions
Specific Examples
- Incontinence Issues: This is manifested by residents being left in their urine and feces, which can cause increased falls, agitation, loss of dignity, and skin breakdown.
- Inadequate Nutritional Support: Insufficient help with eating and drinking results in malnutrition and dehydration.
- Insufficient Mobility Assistance: A failure to assist with walking, leading to decreased mobility.
- Neglected Personal Hygiene: Skipping regular bathing schedules contributes to losing dignity and poor personal hygiene.
- Limited Engagement Opportunities: Residents are not encouraged or assisted in engaging in preferred activities, causing social withdrawal and isolation.
- Unanswered Calls for Assistance: Ignoring residents’ call bells or verbal requests for help.
Red Flag Checklist
- Resident’s Personal Hygiene Neglected: Indicated by the resident appearing dirty and unkempt.
- Unclean Living Conditions: The resident’s room or the broader facility is not maintained properly, showing signs of neglect.
- Alterations in Behavior or Physical State: There are noticeable shifts in the resident’s mood, behavior, or physical condition.
- Regression in Capabilities: A decline in the resident’s ability to walk, use the restroom independently, or engage socially.
- Mysterious Physical Marks: The presence of unexplained injuries, bruises, or incidents of falls.
- Delayed Response to Assistance Requests: Extended periods before call bells are answered, indicating possible staffing issues.
- Frequent Staff Changes: There is a high rate of staff turnover, suggesting potential issues with facility management or working conditions.
Resources Within the Nursing Home
- Communicate Your Concerns: Start by talking directly to the caregiving staff. Early and ongoing communication can prevent minor issues from escalating and help build a positive relationship with the staff. Request a care planning meeting to discuss the resident’s needs and confirm how the nursing home intends to adhere to the care plan.
- Utilize the Grievance Process: Laws require nursing homes to have a grievance process, including a designated official and detailed information provided to residents. When a grievance is filed, the nursing home must summarize its investigation and actions, including any steps it will take in response.
- Escalate When Necessary: If direct discussions don’t resolve your concerns, or if problems continue, seek a meeting with a higher authority, such as the Director of Nursing or the Administrator. Listen to their explanations but remain focused on securing the best care for the resident. Despite potential excuses, the nursing home is accountable for providing proper care and must explain how it will fulfill this responsibility.
- Join Forces with Resident or Family Councils: These councils may already address your issues, and you can learn the extent of the problem. They can bring concerns to the nursing home management, which is legally obliged to respond. If there’s no family council, consider starting one.
Resources Outside the Nursing Home
- Contact the Long-Term Care Ombudsman Program. These advocates specialize in supporting long-term care residents and can help resolve complaints and issues.
- Report to the State’s Survey Agency: This body oversees nursing homes and can initiate investigations in response to complaints.
- Speak to a Nursing Home Abuse Attorney: If your loved one has suffered physical injuries or illness as a result of the case in a long-term care facility, an attorney can help advise you of your rights and potential claims of financial compensation for the injuries.