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.

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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.

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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.

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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

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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

Contact the Law Offices of d'Oliveria & Associates, P.C.

Please contact the law offices of d'Oliveira & Associates at 1-800-992-6878 or fill out a contact form for a free legal consultation.

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