Recognizing the signs of nursing home neglect is the first step in getting your elderly family member medical and legal help. Appallingly, the problem of elder neglect and abuse is worldwide. It is also not limited to private nursing homes.

A recent report on Veterans Affairs nursing homes by USA Today and the Boston Globe found deficiencies in over half of the facilities surveyed in 25 states as well as the District of Columbia and Puerto Rico which caused “actual harm” to residents.

Inspectors looked at 99 VA nursing homes, and cited 52 for “actual harm.” In three facilities, they found veterans’ health and safety in “immediate jeopardy,” and in eight others, inspectors found both veteran “harm” and “jeopardy,” per USA Today.

Regardless of whether the nursing home is run by a private corporation or the federal government, victims and their families have rights under the law to hold those responsible for nursing home neglect and abuse accountable for their actions and inactions.

What constitutes nursing home neglect?

Nursing home neglect consists of failure on the part of nursing home staff to provide necessary care for residents. This includes feeding, medication and security. Indications that an elderly resident has been neglected include:

• untreated bed and pressure sores
• untreated fractures
• unusual weight loss from malnutrition
• dehydration
• chronic infections
• poor hygiene
• unattended health conditions

Elders who suffer neglect are four times more likely to die prematurely than those who receive adequate care. Adult children of those abused have spoken to Congress about nursing home negligence.

Many elders faced potential neglect during the COVID-19 pandemic which could have led to coronavirus infection and complications, or early death.

Indeed, nearly one-third of all coronavirus deaths in the United States are linked to nursing homes, according to an analysis by the New York Times. This risk has eased somewhat in nursing homes as vaccinations became more widespread and facilities took precautions, so nursing home residents decreased to only 4% of COVID-19 cases. However, earlier in the pandemic, nursing home residents made up a significantly higher percentage of cases. In New York, nursing home coronavirus deaths were initially severely undercounted, according to AP News.

Some families pursued class action litigation over New York’s COVID-19 nursing home deaths.

What constitutes nursing home abuse?

Whereas neglect is defined as passive failure to provide needed care, abuse consists of active behaviors that cause physical and psychological harm to the patient. Appallingly, the problem of elder abuse is widespread across the U.S. and several other countries as well. Signs of abuse may consist of:

• fractures and broken bones
• abrasions, burns, and bruising
• depression and anxiety
• tense or angry confrontations with caregivers

Abused nursing home residents may be physically restrained, be subject to psychological abuse (such as threats and name-calling), or be sexually assaulted.

Who is at risk?

According to some nursing home abuse statistics, as many as 1 in 3 older people have been victims of nursing home abuse.

Someone who is in poor physical health or suffers from mental illness is at the highest risk for nursing home neglect and abuse. This is particularly true when the victim suffers from dementia; studies carried out within the past decade indicate that approximately half of residents suffering from some form of dementia have experienced some type of abuse.

Gender is also a factor. Although men can be subject to nursing home abuse, women are twice as likely to be victimized.

Why does this happen?

In some respects, elder abuse is all about numbers. The global population of people aged 65 and older is expected to grow by over 100 percent over the next thirty years, according to the World Health Organization.

Another factor is chronic understaffing, leading to employee stress, burnout, and poor training. A 2022 survey by the American Health Care Association found that 98% of nursing home operators are having trouble hiring new employees. Seventy-three percent of operators revealed that staffing problems could cause them to close down entirely.

Nursing homes and elderly facilities can also suffer from inadequate and ineffective management policies that allow many cases of abuse and neglect to go unreported.

What can be done?

According to a survey of 1,000 nursing homes in Minnesota and Ohio, the best and safest nursing homes are smaller with high occupancy rates, staffed by trained nurses and other credentialed caregivers. The study also noted that non-profit facilities not operated by corporate franchises provide superior care. But research the facility you choose for family members, and keep an eye out for signs of nursing home neglect or abuse: even five-star facilities have been accused of elder abuse and neglect.

If you suspect an elderly family member has been subject to nursing home abuse, an attorney with experience in family and elder law can assist you and your loved one.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.