Identifying Signs of Elder and Nursing Home Abuse – Noticing the Telltale Signs
Author: Daniel Berry
Elder abuse is a serious problem in assisted-living homes for seniors, in hospitals, an even with at-home care providers for the elderly. It is unfortunate that such tragedies should befall people in their golden years, but statistics estimate that roughly one third of nursing home facilities have been cited for instances of elder abuse in the United States.
While you cannot always prevent your loved one from being abused by a care provider, you can at the very least identify the telltale signs of elder abuse and report the abusive care provider as soon as possible. Below are some tips to help you identify if a senior citizen you love has been subjected to abuse.
Unexplained Signs of Injury
If your loved one has cuts, bruises, abrasions, or other signs of injury that are unexplained, they should be reported immediately for further investigation. Signs such as these are often the most obvious indicators of abuse. Be sure to note any bleeding or torn garments as well, since both of these are frequently seen in abuse cases. You may also want to check for venereal diseases or other injuries to the genital area as this could be a sign of sexual abuse or rape.
Dehydration or Emaciation
One of the more frequent ways in which a senior citizen may be abused is through deprivation of food and water. If you notice that your loved one is gaunt or is suffering from any signs of dehydration, this should be noted and reported immediately.
Behavioral Changes
Following some form of abuse, a person is often subject to behavioral changes. Someone may appear quiet, depressed, withdrawn, or afraid. Should this happen to your loved one, you must report this to the proper authorities so that a full investigation may be performed.
Bedsores and Stiff Joints
Much like food and water deprivation, another form of nursing home neglect is leaving the person in the bed and not his or her body.
Missing Belongings or Funds
Abuse need not be all physical or psychological. In some cases, nursing home staff may be stealing possessions from residents or even taking money directly from residents’ bank accounts. It’s important to ask your loved one about any missing items of missing funds.
Other Unexplained Conditions
You know your loved one well and will be able to tell when something about them is different. Be sure to keep an eye out for odd behavior or anything amiss about your loved one. Once the incident has been reported, be sure to speak with a nursing home abuse attorney to ensure that the abuser (and possibly the care provider company) is punished for this unforgiveable infraction.
For complex legal matters, it is important to speak with a skilled nursing home abuse lawyer, medical malpractice attorney, and Colorado personal injury attorney to ensure that you receive just compensation for injury and damages.
Nursing Homes – A Difficult (But Important) Choice
Author: gmanty
Luckily, I am blessed with independent parents who are in excellent health. My father is turning 70 this July and my mother is only a few years behind (sorry to blow your secret, mom!) While they could both stand to lose a little weight and get a bit more active, they still get around well and certainly don’t need my help to make their way in the world. Sadly, of course, time is one race we all lose. Hopefully I won’t have to worry about care for my parents for many, many years. This topic comes to mind, however, as I have had several cases come into my firm lately related to abuse and neglect at elder care facilities.
If you come to a point where you are unable to provide care for a loved one at home, you will be faced with some difficult decisions. The fact is, most nursing homes are run and staffed by compassionate and caring individuals. With some effort and homework, you should be able to find a facility where the odds of abuse, neglect or dangerous conditions can be minimized.
A good first step in the process is to obtain several recommendations from the physician providing care to your loved one. You can also ask friends and family members if they have suggestions. You should plan on getting at least three or four names of conveniently located facilities, and plan on visiting each one. When you visit, make sure to make an appointment to visit with the Administrator or the Director of Nursing. Come prepared with a list of written questions. Take careful note of the demeanor of the person you are interviewing. Are they providing direct and clear answers, or do they appear to be hedging or avoiding questions? Are their answers inconsistent with what you have observed on your visit?
On your visit, use all your senses. How does the facility look? Does it appear clean? How does it smell? Do the residents appear well cared for? Are the kitchen facilities (if any) clean? Do the staff seem interested and energetic?
Be sure to ask to see the most recent state survey report. All nursing homes are inspected and surveyed by the state annually. The report will cite deficiencies in detail and will also list facility efforts to correct problems. Be careful if there are excessive deficiencies or if it appears that the facility is not taking adequate steps to address the cited issues. Also ask to see any complaints which have been filed against the facility in the last year, as well as documentation of the facility’s response. Also always ask for complete explanations of the facility’s policies in regard to chemical or physical restraint. See if these policies are available in writing. Always ask about the incidence of pressure sores (bedsores) at the facility.
Ask about staffing ratios. While the law only requires that a facility maintain “sufficient” staff, the National Citizens’ Coalition for Nursing Home Reform has set some rough guidelines for staffing. According to the NCCNHR, during the day there should be at least one direct care giver for every five residents, one for every ten residents in the evening, and one for every fifteen at night. Remember, these ratios will vary depending on the needs and independence level of the residents. Also, keep in mind, the majority of direct day to day care in most facilities is provided by nursing assistants. On your visit, take the time to introduce yourself to a few of the direct care providers and see if you can get a feel for their level of care, skill and compassion. Be sure to ask management about the turnover rate for providers.
If you have more questions about nursing home facilities or possible problems or issues, you should call the Texas Department of Aging and Disability Services at (800) 458-9858. Sometimes, despite all your research, you may be faced with the tragic situation where your loved one suffers abuse or neglect at their facility. If this occurs, or if your loved one suffers a serious injury at a nursing home, you and your loved one have important legal rights. In this event, it is important that you contact a qualified attorney to help investigate the matter and assess the situation.
What Should You Do If You Suspect Elder Abuse
Author: Nick Messe
Elder abuse isn’t a new phenomenon but it’s certainly a growing one. As the population in the United States ages there is a greater need for assisted living apartment communities and full-care facilities for seniors. These facilities are staffed by professional caregivers who do an excellent job. Unfortunately there are exceptions to the rule.
Elder abuse takes many forms. Nursing home or other care facility residents are victimized by theft, physical assault and emotional abuse. What all elder abuse has in common is that the victims are helpless to defend themselves. Negligence is another form of abuse and consists of inadequate care such as failing to feed or provide medicine at the prescribed times.
Emotional abuse occurs as staff verbally berate or insult an elderly person. This type of abuse may go on for years without it being detected. If your elderly mother is in a nursing home and you suspect that she’s being abused, what should you do? Well, first of all, take the possibility seriously.
Talk to your mother. Ask her questions about the care she’s receiving. Check her for bruising and other indications of physical abuse. Get a feel for how she regards her caregivers and whether there is seemingly unwarranted fear of a particular nurse, aid or other resident.
You should speak to your mother’s physician about your suspicions. The doctor will discreetly examine her with your suspicions in mind. If there is any evidence whatsoever of elder abuse you should contact your local law enforcement agency and the state or local social services agency charged with protecting the elderly. Elder abuse violates both criminal and civil laws.
The evidence you have should be presented to law enforcement authorities for further investigation. Relevant evidence includes what you’ve been told by your mother, other facility residents and the physician as well as the physician’s documentation of signs of abuse. Any neglect you’ve observed such as dirty and unchanged sheets, unnecessary restraints or improper staff attitudes and behavior should be reported. All these things will be combined to help make a case of elder abuse.
Obtaining the services of an attorney for potential civil litigation is an appropriate response if you suspect abuse or neglect. Civil allegations may successfully be established by the preponderance of evidence in civil litigation even if the required proof beyond a reasonable doubt to prove a crime isn’t met. A lawsuit will force the care facility to correct the situation and be a strong deterrent to allowing abuse to occur in the future. Just the threat of legal action can launch an internal investigation by facility administrators and correct questionable practices or result in outright firings and criminal prosecutions.
Prevention is the best cure for elder abuse, so be aware and involved in the care of your mother. Listen to her complaints and bring them up to the staff and facility administrators. Make sure you mention to staff that your mother is represented by an attorney in the matter of her care. If you’re proactive you won’t have anything to worry about.
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Learn the Truth About Nursing Home Neglect and Elder Abuse
Author: Daniel Berry
It’s a hard decision to entrust a loved one to the care of strangers. Your loved one might be scared or confused when placed in unfamiliar surroundings. They might suffer from dementia, angry outbursts, or the inability to speak. For families of elders who require constant care, a nursing home might seem like the best solution.
Unfortunately, nursing home abuse has reached its highest levels in recent years. If you believe that your loved one is being mistreated by the very people you trusted to keep them safe, you might have a basis for a nursing home abuse lawsuit.
Negligence and Abuse
Negligence occurs when a nursing home resident is injured through lack of care. This negligence can include the presence of bed sores due to soiled sheets and improper turning; malnourishment due to improper feeding; or infections due to generally unsanitary conditions.
Elder abuse occurs when a nursing home doctor or staff member willfully engages in acts that damage the nursing home resident. This can include physical abuse, emotional and verbal abuse, sexual abuse, or the intentional mismanagement of medication and care.
Filing a Lawsuit
If you’re concerned for an elderly loved one’s well-being, consult a nursing home abuse lawyer in your area. They will be able to help in gathering evidence, performing background checks on the facility in question, and ensuring that you understand the laws governing nursing homes in your state.
Regardless of where you live, nursing homes have a duty, under law, to protect and promote the rights of their residents. They can fulfill this duty by hiring enough qualified staff members and overseeing each resident’s treatment. Sadly, when nursing homes are understaffed, and when hiring managers fail to run background checks on employees, the residents are the ones who suffer. If you feel that a nursing home has breached its duty to your loved one, consult an attorney as soon as possible to discuss your options.
Consult with a personal injury or wrongful death attorney if you have been injured or someone you love has died as a result of nursing home neglect. Backed by an experienced attorney, you can be sure your legal rights will be protected.
