As our loved ones get older, they may require advanced care that we are unable to provide by ourselves. If a family member suffers a debilitating injury that requires around-the-clock monitoring and care or an aging relative lives too far away for you to help with their day-to-day needs, the situation can quickly grow beyond the average person’s ability to control. In such a situation, you may consider moving your loved one into a long-care facility, such as a nursing home or senior care facility.
However, it is an unfortunate reality that not all nursing homes provide safe environments for their residents. Many residents of nursing homes and long-term care facilities in the state of California are subjected to mistreatment and abuse. In today’s article, we discuss the different types of nursing home abuse, potential warning signs, and options you can take if you believe your loved one is being harmed or taken advantage of.
What is Nursing Home Abuse?
Nursing home abuse can occur in multiple ways, some of which can be incredibly difficult to detect. Some forms of nursing home abuse include:
- Physical abuse: Any event that injures a resident is categorized as physical abuse. Physical abuse can be intentional, such as when a staff member strikes or manhandles a patient. It may also occur because of negligence or neglect.
- Sexual abuse: If a resident receives unwanted sexual attention or is sexually exploited, they are a victim of sexual abuse. Some patients in a nursing home or long-term care facility may be unable to provide consent, due to their mental state. For example, a patient with dementia that leaves them unable to express their wishes cannot provide consent.
- Financial exploitation: When a caretaker takes advantage of a vulnerable patient’s monetary situation, they are committing a form of abuse called financial exploitation. An unscrupulous caretaker may take the victim’s personal property, drain their bank account, or use their identity to apply for credit cards. Even asking a patient to “borrow some money” with a promise to pay it back promptly is almost certainly a form of financial exploitation.
- Emotional or psychological abuse: This type of non-physical abuse can be incredibly challenging to detect, unless you witness a caretaker abusing a loved one or they tell you about the problem. Emotional abuse occurs when a staff member criticizes, embarrasses, shames, or shouts at a patient in a way that can cause emotional trauma, behavioral changes, or anxiety.
- Neglect: A patient’s needs may not be met adequately due to either intentional or incidental actions. Neglect frequently occurs when a nursing home is understaffed. Some forms of neglect include a failure to provide food, water, adequate clothing, and personal hygiene items.
- Resident-to-resident abuse: Not all abuse occurs at the hands of a caretaker. Nursing homes have a responsibility to protect all their patients from harm, including that which may be caused by other residents. Resident-to-resident abuse may consist of physical, sexual, or psychological harm.
How Can You Protect a Loved One from Being a Victim of Abuse in a Nursing Home?
According to the Centers for Disease Control and Prevention (CDC), 13% of the total complaints filed against a nursing home in California alleged financial exploitation, neglect, or another form of abuse. This number is substantially higher than the average rate of reported elder abuse at nursing homes in other U.S. states. With a heightened risk of abuse in the state, you may be wondering how you can best protect a vulnerable loved one. Some tactics you can use to reduce the risk to a family member include:
- Appointing a guardian: If you are not able to visit your family member regularly, ask another family member or friend if they can visit the nursing home periodically. If you do not know anyone in your loved one’s area, you can contract a volunteer agency to help. A nursing home resident that has regular visitors is less likely to be mistreated or neglected.
- Review your family member’s financial statements: If your family member is unable to manage their own finances, be sure that you or another trusted person regularly review their financial statements. In most cases, an efficient monthly review of legal documents, bills, and bank accounts is sufficient. Be on the lookout for any unusual, repetitive, or substantial transactions.
- Don’t announce your visits: If you can visit your loved one in person, do not call the nursing facility to tell them which day and time you are coming. Residents in a nursing home have the right to receive visitors at any time and a nursing home cannot require you to call ahead to visit your loved one. You should, however, be sure to check the facility’s Covid-19 rules before visiting, if applicable. During your on-site visits, be sure to meet your family member’s caretaker(s) and get to know them.
What to Do if You Suspect a Family Member is Being Victimized
Rose, Klein & Marias LLP offers the following advice if you believe that a loved one is in harm of injury or abuse:
- Call 911: If there is a medical emergency currently occurring or you reasonably believe that your family member is at immediate risk of harm, call 911 at once to receive assistance from local law enforcement and paramedics.
- Notify the nursing home: As soon as you can, get your loved one to a safe place. Call the nursing home or speak to an administrator in person to report the problems you’ve observed. Be sure to record the name of the person you speak to.
- Reach out to the local Ombudsman office: Long-Term Care Ombudsman representatives investigate and assist residents with problems related to health, safety, and care violations. You can find your local Ombudsman office through the official California Department of Aging website or by calling 1-800-510-2020.
- Submit an online report: If the situation is not urgent and your family member is not at immediate risk, submit an online report through the Adult Protect Services website. They can investigate your allegations and take appropriate action to protect your family member and other nursing home residents.
- File a civil lawsuit: An attorney will help your family fight for justice for your injured family member. Nursing home abuse is never acceptable, and a lawsuit may successfully hold the aggressor or nursing home responsible for the harm caused.
When in Doubt, Seek Assistance
If something tells you that something is wrong at a loved one’s nursing home or long-term care facility, trust your instincts and investigate the situation further. Contact the local authorities, an attorney, or an Ombudsman office as needed to help you uncover any issues that may put your family member and other residents at risk.