Nursing Home Residents are usually in an assisted care facility because they need care and attention at least part of the day, if not 24 hours a day. With the baby boomers coming of age, the need for competent nursing home facilities has risen almost faster than communities can provide them.
It is a sad fact that many people in nursing homes are not receiving the care they need, and in some cases are being neglected and actually abused during their stay. I am sure these kinds of problems are few and far between, but neglect and abuse are not matters that should be over looked, or ignored if you suspect that they are going on.
Many people who are in this kind of situation often times cannot or will not say anything for fear of reprisal, so abuses can go on for some time before they get noticed. Abuse can take a few forms. The most obvious one is physical abuse, because bruises, bumps and sores can be so obvious. One of the signs to look for is if a staff member insists on being present when the patient has visitors. This might be the only time the victim would be able to make known any problems they are facing. Other examples of abuse include withholding food and water; using medications improperly; not getting help with toileting facilities; and improper day to day help with grooming. This may not sound like much, but it can be the sign of bigger problems not readily apparent. If you notice bed sores, rapid weight loss, or unwarranted use of restraints, this should be a huge, red flag for you to take a closer look.
Another form of abuse might be emotional abuse. If you notice the person you care about becoming withdrawn, full of anxiety or depressed, there may be more going on than meets the eye. Talk with them, and allow them an opportunity to speak their mind. It is possible that they are not suffering from abuse, but just need a different kind of care. Like everyone of every age, companionship is vital to a healthy outlook on life.
Believe it or not, sexual abuses can take place within these facilities as well, and can come from more than one source. Orderlies, staff members, and other patients have been known to take advantage of the elderly who cannot adequately defend themselves. Torn or stained under garments, and bruising all over are classic signs that something is going on.
The law requires that nursing homes not only provide the day to day needs of their guests, but they must also protect them from thee kinds of things, and ensure that as residents they are receiving the highest practical level of physical, emotional, and psychological well being available within the facility. There are federal and State laws that must be complied with in order for these facilities to remain in business, and if they are unable to meet these requirements, they will come under investigation for “institutional abuse”.
Most States require that these facilities have a way for residents to file a complaint if they feel they need to. The law also requires that any and all suspected abuse cases are investigated. If any facility fails to meet minimum requirements set by each State, they face suspension of, or revocation of their licenses, sanctions, and fines.
In 2008, the US Department of Health and Human Services’ Office of the Inspector General released a report that stated the “Trends in nursing home deficiencies and complaints”. This showed that over 90% of the nations nursing homes have been sited for federal violations. The most common were quality of care, resident assessment, and quality of life.
Personal injury lawsuits can be filed by those living in the facility, as long as that resident is found to be competent and capable of testifying. However, most nursing home lawsuits are filed on behalf of the resident by an immediate family member or someone who cares enough to do something about it.
These residents worked their whole live to help build our country, and we owe it to them to see that they are taken care of in their old age. Abuses are not always obvious at first, but if you suspect anything at all, you should not wait- contact an attorney to learn what you can do to be sure that the one you care about is being treated with decency and respect. Call the law offices of Emery Ledger at 800-300-0001 to have a discreet conversation about some of the options that you have available to you. Nobody deserves to be treated badly, especially those that cannot defend themselves.
