Nursing Home Abuse
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What
is Nursing Home Abuse?
What are the Types of Nursing Home Abuse?
Nursing Home Residents’ Rights
How to Avoid Nursing Home Abuse?
Why do I Need a Nursing Home Attorney?
Helpful Links
At the law offices of d'Oliveira & Associates, P.C., we are
committed to providing our clients in Rhode Island, Massachusetts
and Connecticut with outstanding legal representation and legal
services. The services we offer our clients who have been the
victims of nursing home abuse are no exception. When you become
a client of d'Oliveira & Associates, P.C., you can be assured
that our attorneys and dedicated support staff will be with you
every step of the way.
What is Nursing Home Abuse?
Nursing home abuse is an act or omission by
a caregiver or professional staff member that causes harm to
a vulnerable adult. Over
1.5 million Americans are living in nursing homes. That number
is expected to increase exponentially as the Baby Boomers begin
to age and need residential care. It is believed that 43% of
people will need some type of nursing home care during the course
of their lifetime. Nursing home abuse is increasingly becoming
a concern in society. Most residents living in nursing homes
are already vulnerable because they have to rely on others to
care for them and fulfill their basic needs. Unfortunately nursing
home staff can take advantage of that vulnerability. It is estimated
only 20% of nursing home abuse incidents are reported. Often
residents are embarrassed or ashamed of what happened to them
and are afraid to discuss it.
Nursing home abuse can take many forms. The abuse may be caused by failing
to perform staff background checks, placing the desire for profits over patients’ needs
and staff negligence. Many times, nursing home staff lack proper education,
training and supervision for the duties they are assigned.
In addition, there are high employee turnover rates in most nursing homes and
staff compensation is low.
It is important that nursing home abuse be reported in order to protect residents
from further harm. All nursing home abuse and neglect are criminal acts, punishable
by law and should be reported immediately. This will help to ensure the abuser
is removed from the facility and future abuse is prevented.
back to top What are the Types of Nursing Home Abuse?
There are many types of nursing home abuse.
Residents have the right to be free from physical or mental harm.
Unfortunately
nursing home abuse may be more widespread than reported. Over
30% of nursing homes have some form of resident abuse, however
it is believed that number is artificially low because residents
are afraid to report nursing home abuse. Types of nursing home
abuse inlcude:
Neglect
Neglect is defined as the failure to fulfill duties and obligations
to an older person. This can include failure to provide for necessary
care, food, water, shelter, medicine, clothing, or other necessities
for daily living.
Physical Abuse
Physical abuse can by inflicted by nursing home staff and anyone
else who cares for the residents. Physical abuse can include
beatings, sexual assault, lack of food and water and physical
restraints. Physical abuse causes pain and suffering for nursing
home residents and can lead to permanent injury, scars and disfigurement
and death.
Emotional/Psychological Abuse
Emotional or psychological abuse may be harder to detect but
is no less traumatic for nursing home residents. Emotional or
psychological abuse is the infliction of mental suffering on
a resident by nursing home staff or anyone else who is responsible
for the care of the resident. This can include threats, humiliation,
verbal assaults, and isolation.
Financial Abuse
Financial abuse is defined as the theft or misuse of
an elder's funds, property, or assets. This includes stealing
patients’ money,
possessions, making financial decisions without patients’ authorization
and misuse of court appointed role. Court appointed roles include
guardianship, conservator or power of attorney.
No matter what form
the nursing home abuse takes, it should be reported to the
police, nursing home officials and
other authorities as soon as possible.
Abuse violations, which put residents at a high risk of harm, injury or
death makeup 10% of reported violations. Nursing home negligence
is a major problem
in America. Nursing home residents have the right to get answers to their
questions and to know what options they have. If you think that someone
you love has been the victim of negligence in a nursing home,
you can do something
about it. We encourage you to immediately contact the proper authorities.
To fill out a confidential form, CLICK
HERE. back to top
Nursing Home Residents’ Rights
Nursing home residents have rights. Federal
and state law guarantees certain rights. In 1987, Congress passed
the Nursing Home Reform
Act, which requires each state to issue regulations to protect
the rights of nursing home residents. All residents are entitled
to be treated with dignity and respect. The nursing home must
provide patients with a safe and healthy environment in which
to live. Protecting your loved one's rights begins with understanding
just what their rights are. Rights of nursing home residents
include:
- Right to see visitors (family, friends,
etc
- Right to request medical records
- Right to be informed of
medical treatment and procedures
- Right to refuse medical treatment
or procedures
- Right to confidentiality (medical records, financial
records, personal information)
- Freedom to chose their own physician
- Freedom from restraints
or sedation (unless it is necessary to treat the patient or
prevent them from harming themselves)
- Right to privacy
- Right for social, physical and mental activities
to keep the patients active and engaged
- Right to ask questions,
complain and list grievances
- Right to equal services and treatment
regardless of financial situation
- Right not to be transferred
or discharged (unless necessary for their health or safety)
- Right to be free from abuse
Nursing homes must adapt their rules
and services to a resident's individual needs and preferences,
when it is
reasonable to
do so. When a resident is admitted to a nursing facility,
staff must inform the resident about his or her rights. The facility
must provide a written statement of these rights if a resident
asks for it. If the nursing home is not respecting or acknowledging
the rights of the residents, this may be a case of nursing
home abuse.
back to top How to Avoid Nursing Home Abuse?
Making the decision to place a loved one in a nursing home
can be both difficult and painful. To ensure you or your loved
one are placed in the best nursing home facility possible, consider
these suggestions:
1. Ask friends, family and physicians for recommendations of
facilities they liked or of places to avoid.
2. Review the facility’s report card. All states require
some sort of inspections for nursing homes. In addition, facilities
receiving funding from Medicare or Medicaid are subject to federal
inspections. Check to make sure the facility is in compliance
with all pertinent laws and regulations. If they do have violations,
are they minor violations or evidence of major problems. Most
states have links to inquire about nursing home inspections on
the states’ department of health websites. A report card
can also be requested from the nursing home’s director.
3. Make an appointment to visit the facility. Take a tour, ask
the staff and residents questions. Does the facility look clean?
Do the residents appear to be happy and taken care of? What is
the amount of training and education required for nursing home
staff? Staff to patient ratio? Are background checks completed
on staff? (Be aware, while taking a tour, they are trying to
point out the best features of the facility.)
4. Visit unannounced, not once, but multiple times and at different
times of the day. This is important because you may witness and
observe things that were not happening on your first visit. It
gives you a better indication of the facility and how it is run
on a day-to-day basis.
5. Pick the facility where you believe your loved one will receive
the best care. Make sure the facility can accommodate any special
needs your loved one may have, everything from an Alzheimer’s
unit to the ability to make a Kosher meal.
6. Once your loved one is in a facility, visit often and get
to know the staff members and other residents. Don’t be
afraid to ask questions or discuss any problem as soon as they
arise.
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Why do I Need a Nursing Home Attorney?
Nursing home negligence is a major problem in America. The
fact is, too many nursing home owners behave as if profits are
more important than resident care. Residents and their families
have the right to get answers to questions and to know what options
are available. Residents have the right to be treated with dignity
and respect. If you think that someone you love has been the
victim of negligence in a nursing home, you can do something
about it. Our experience and prior track record at d’Oliveira & Associates
provide us with the best qualifications to handle nursing home
abuse.
Our past successes include: An 83 year-old woman developed severe bedsores while in a nursing
home and was hospitalized. Her daughter contacted our office.
Our firm, while maintaining joint responsibility, referred the
client to an experienced medical malpractice attorney who settled
the case.
$400,000 settlement
An elderly man developed bedsores, pneumonia and became severely
dehydrated while in a nursing home. His wife contacted our office
for assistance. Our firm, while maintaining joint responsibility,
referred the client to an experienced medical malpractice attorney
who settled the case.
$450,000 settlement
back to top Helpful Links Rhode Island:
http://www.carepathways.com/nhg-state-RI.cfm
Massachusetts:
http://www.mass.gov/dph/qtool/qthome.htm
Federal: http://www.medicare.gov
To fill out a confidential form, CLICK HERE.
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