Nursing Home Negligence FAQs

Facilities that participate in Medicare may not be verbally, sexually, physically or mentally abused residents. Facilities that do not participate in Medicare generally must provide the same or similar protections and rights to residents under that State’s statutes. In taking certain permissible actions, such as restraints, a facility must follow procedures and protocols.

The different forms of nursing home abuse include:

1. Physical abuse: This includes the infliction of physical harm on a nursing home resident, such as slapping, punching, kicking, and use of excessive restraint. It can also include the withholding of prescribed medications, or the administration of prohibited medications.
2. Emotional abuse: This is defined as any deliberate causing of anxiety, anguish, fear or other undesirable mental states. Any spoken communication that intentionally causes an elder unreasonable emotional stress can also be considered abuse.
3. Financial abuse: This happens when the assets or the property of an elder are illegally or improperly used. Financial abuse may include forging an elder’s signature, taking cash from an elder, signing the elder’s checks, coercing him/her to sign a document, stealing his/her possessions or money, etc.
4. Sexual abuse: This refers to having non-consensual sex with an elder. Any sexual contact with a person who is not able to provide consent can also be termed as sexual abuse. Unwanted touching, sexual assault, coerced nudity, and so do my are all forms of sexual abuse.

Neglect is generally considered a failure to provide a resident with the level of service or care that is essential to maintain someone’s health and well-being. Another definition is the “failure to provide goods and services necessary to avoid physical harm, mental, anguish or mental illness.” Some examples are failure to provide proper food, clothing, medication, medical care, lodging and supervision.

Abuse occurs when policies and procedures designed to provide for the care, treatment, or well-being are not followed. Another way to state it is a “willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish”.

Exploitation is the misuse of a resident’s resources. This may be any asset or property. Another type is the wrongful taking or misuse of a resident’s resources for profit or gain. Generally, the victim is not aware and certainly would not consent. Look for undue influence, duress, or false pretenses.

Regrettably, yes. Among the more common reasons why include the staff may be unqualified, poorly trained, not supervised, or there are not enough aides. Profit ahead of people, unfortunately, does occur. Residents are often vulnerable, scared to speak out, or unable to express themselves.

Yes, there are many other assisted living injuries. Falls, wandering (or elopement), transportation accidents, and bed sores (or pressure ulcers) are common causes. These types of incidents occur all the time, and oftentimes, the facility may be responsible.

Cases are fact specific. A meeting with the appropriate staff member may resolve the issue. Always create a record. Being forearmed is prudent. Video, recordings and statements are often not that difficult to obtain. Sometimes the authorities should be brought into the situation. If you suspect something – act.

All states have a way to report a complaint about abuse, neglect or exploitation. The state agency may interview the resident, family members, facility staff and management. A facility may face a fine, penalty and/or changes made to prevent recurrence. When appropriate, an attorney should be introduced into the process as soon as possible.

An attorney should conduct a thorough investigation as soon as possible. Interviewing witness(es), gathering records, having an expert(s) review are all critical. A lawsuit needs to be meticulously strategized and processed. Your attorney can and should give a detailed analysis.