Nursing Home Abuse Guide

There is a devastating epidemic which is overwhelming our nation’s senior population. Within our nursing homes and assisted living facilities, nearly 10%, or roughly 150,000 seniors experience elder abuse each year. Many of these cases go unreported, although some of them can be quite serious and even result in the death of a loved one. Nursing home abuse in the United States has turned into an epidemic. Our seniors and loved ones are at risk of elder abuse each and every day.

Nursing home abuse is a difficult issue to face. Elder abuse exists in many forms, many of which may not be evidenced by clear, physical signs. Many victims are frail and vulnerable. As a result, they are often unable to protect themselves or seek needed help. Elder abuse can be difficult to prove once suspicion arises. A sad truth is that many nursing home abuse cases go unreported and unpunished. It is estimated that roughly 1,800 deaths each year occur due to elder abuse.

Types of Nursing Home Abuse

Physical Abuse

Physical abuse occurs when physical force is used to cause harm against a victim. This can include hitting, scratching, shoving, biting, and inappropriate use of restraints. Physical elder abuse typically has the most obvious warning signs. For this reason, it may be more plausible to prove physical abuse than other less obvious forms of elder abuse.

Emotional Abuse

Emotional elder abuse occurs when a caregiver or other individual causes emotional distress within a victim. Emotional abuse may result from ridicule and humiliation, intimidation, terrorizing, or ignoring an elder. Demeaning behavior, scapegoating, and blaming are also considered emotional elder abuse.

Sexual Abuse

Sexual elder abuse takes place when non-consensual sexual contact is made with an elder. In many case, physical and emotional abuse may also play a role. Elders who are sexually abused may be tricked, coerced, manipulated, or forced into sexual contact.

Financial Abuse

Stealing money or personal property are common forms of elder financial abuse. Additionally, financial abuse can occur when a caregiver or other individual tricks or pressures an elder to divulge valuable information, such as bank account and credit card numbers. Financial abuse also occurs when a victim is coerced to modify a deed, will, or trust.

Nursing Home Neglect

Elder neglect, or nursing home negligence, most commonly occurs when a resident does not receive proper medical, physical, or emotional attention. As a result, neglect can pose serious risk of harm to victims. In certain cases, neglect may escalate to physical or emotional abuse.

Taking Action against Elder Abuse

While it may be difficult, taking action against elder abuse may be the only way to stop the mistreatment and prevent others from becoming victims. If the victim is in immediate danger, he or she should be removed from the nursing home facility as soon as possible. After the elderly patient is safe, legal action should be taken against the facility.

Reporting Nursing Home Abuse

Reporting nursing home abuse to the proper state hotline will always be one of your first steps once you feel your loved one may have been abused. In New York you can file a complaint on line with the Department of Health using a form found at: https://apps.health.ny.gov/nursing_homes/complaint_form/complain.action    

If you are unable to submit your complaint by using the Nursing Home Complaint Form , then you may contact the Nursing Home Complaint hotline (1-888-201-4563) which can be called 24 hours per day, seven days per week. The hotline is manned by Nursing Homes and ICF/IID Surveillance staff from 8:30 a.m. to 4:45 p.m. Monday through Friday. A voicemail message may be left during non-business hours.

 

 

Be sure to always ask your senior how they are feeling and how they are being treated in a facility. Contacting a nursing home abuse attorney with experience and a proven track record of case settlements and verdicts, will only ensure your family that they get the compensation they deserve.

Filing a Nursing Home Abuse Lawsuit

If you or a loved one were the victim of nursing home abuse, an experienced nursing home abuse lawyer can help. A nursing home abuse lawyer will help to navigate the complex legal process needed to pursue a nursing home abuse lawsuit. Additionally, an elder abuse lawyer can help provide support and peace of mind during a difficult time.

 

At The Sanders Firm, we have decades of experience dealing with negligent nursing homes. If you or a loved one have been subject to abuse or neglect in a a nursing home call 516-741-5252 or email us at tgoralski@thesandersfirm.com for a free consultation.