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What
is nursing home abuse and neglect?
Nursing home abuse can include,
but is not limited to: physical
abuse, rape or sexual assault,
over-sedation, and verbal or
emotional abuse. Neglect can
consist of failure to provide
enough clean clothing and bed
linens, denial of proper nutrition
and medical care, protection
from abuse at the hands of other
residents, and protection from
health and safety hazards. |
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What
are some signs that nursing
home abuse is occurring?
It is always important to determine
if a resident is receiving proper
care. Weight loss, bruises or
welts, frequent swelling, dehydration,
bedsores, or soiled clothing
or bed sheets are clues that
abuse is occurring. Also, the
resident may appear withdrawn,
fearful, or depressed. Regardless
of the resident’s mental
condition, i.e. suffers from
Alzheimer’s or dementia,
listen to the resident and look
for evidence. Often, doctors
and nurses who are busy attending
to many residents at once overlook
physical as well as emotional
signs of abuse. |
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Are
there other forms of nursing
home abuse?
Yes. Other forms of abuse can
include the misappropriation
or theft of a resident’s
funds or property, restriction
of private phone calls or visits
from family members and friends,
restriction of visits from any
state or local representative,
noncompliance with the resident’s
decision to allow or not allow
visits, preventing the resident
from moving or changing facilities
(if the resident is not mentally
capable of such a decision,
the immediate family can intervene),
restriction of a resident’s
religious observations, and
the unlawful eviction of a resident
— federal law requires
that all care facilities provide
a 30-day written notice and
must document a legal reason
for discharge such as failure
to pay rent, inability to provide
specific medical treatment,
etc. |
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Once
abuse is determined, where and
to whom should it be reported?
If you feel that a resident
is in fact being abused, notify
the nursing home administrator
immediately. Federal law requires
administrators to report claims
of abuse to state agencies,
whose investigators will be
assigned to the case. However,
if the resident appears to be
in immediate danger, contact
the police or any local hospital
to have the resident removed
from the facility until arrangements
can be made with another care
provider. Usually, the very
report of abuse prompts the
facility to immediately remove
the abusive perpetrators, but
if it is unclear who committed
the abuse, more investigation
is required, and the resident
is better off being away from
the facility. |
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Why
is nursing home abuse becoming
so common?
There are several factors that
shed light on the increasing
reports of elder abuse and why
care facilities are experiencing
such problems: Nursing home
employees are usually paid significantly
less than hospital employees,
they are expected to do more
work in a shorter period of
time, and are dangerously understaffed.
Given these stressful working
conditions, it becomes increasingly
difficult to attract and keep
qualified, skilled, adequately
trained staff that. |
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Is
there a way to rule out chances
of abuse when selecting a care
facility?
The most important step is to
visit the facility — talk
with staff and the other residents
who live there, and observe
the living conditions. Notice
if residents seem happy and
well cared for. Also, notice
if phones ring for long periods
of time without being answered,
or if trays are not attended
to after meal time, (indications
as to whether the facility is
adequately staffed). Too, you
can find recent nursing home
inspection reports, research
the current staff’s qualifications
and length of employment, etc.,
and view resident doctors. |
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How
can abuse be prevented for those
who currently live in a long-term
care facility?
The most effective prevention
is to combine strategies to
ensure a resident’s proper
care. Under the Nursing Home
Reform Act, an assessment of
the resident’s interests,
personality, and health care
needs are used to develop a
care plan that determines not
only how the resident will be
cared for but also who will
carry out the various tasks.
State and federal legislation
requires documentation of these
care plans, and you can monitor
the plan and make sure it is
being followed. Check records
regularly, maintain contact
with nurses and doctors, and
participate in care plan meetings.
Help the resident stay connected
with family, friends, and other
residents as much as possible,
as social isolation increases
the risks of abuse. Also, monitor
any new employees who become
responsible for the resident’s
care. Ask to see their credentials
and inquire of their background.
|
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To
learn more about prevention
strategies, or the Nursing Home
Reform Act, visit the National
Center on Elder Abuse at www.elderabusecenter.org.
|
If
you believe that you or a loved one
is the victim of nursing home abuse,
call the lawyers at Anzellotti, Sperling,
Pazol & Small — we right
wrongs!
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