Kim Gale  |  November 14, 2022

Category: Elder Abuse

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Man gesturing while talking to nurse

With the “graying of America” and a shortage of qualified caretakers, nursing home neglect and elder abuse have become more widespread problems than ever before.

The problem is not confined to the United States; reports of elder abuse and neglect come from nearly every part of the industrialized world. Authors of a report appearing in the April 2016 issue of The Gerontologist have noted that “elder mistreatment is now recognized globally as a pervasive and growing problem,” and have called upon “health care systems, social welfare agencies, policymakers, and the general public” to pay greater attention to the issue with “a focus on prevention.”

The first step toward prevention is recognizing the signs of nursing home neglect and abuse.

What constitutes nursing home neglect?

Neglect in nursing homes is defined as withholding or failure to provide a professional standard of care to a resident. This includes any and all of the following categories:

  • Psychological/social/emotional: an elder is ignored or socially isolated. This can also consist of being berated or scolded by a staff member.
  • Hygiene: an elderly patient is not provided with assistance in bathing, oral/dental care, cleaning, washing, etc.
  • Basic needs: the nursing home fails to provide adequate food and water and/or a clean, secure living environment
  • Medical: the resident is not given proper medication or treatment for illnesses, injuries or chronic conditions

Is nursing home neglect the same as elder abuse?

It certainly can be, although abuse is generally considered to be the result of active behaviors on the part of staff members — such as hitting, name-calling, and even sexual assault. Neglect is passive, a failure on part of staff members to provide proper care as necessary.

What are the signs of nursing home neglect?

Signs of neglect can be difficult to detect unless family members are nearby and visit the resident on a regular basis. Otherwise, the victim may be reticent to express or have difficulty communicating their concerns. However, there are outward signs that may indicate that a person is experiencing nursing home neglect. These may include any or all of the following:

  • Sudden, unexplained weight loss
  • Bedsores
  • Untreated injuries
  • Dehydration/malnutrition
  • Behavioral changes
  • Lack of hygiene

Another warning sign is the condition of the elder’s living quarters. Lighting may be poor or inadequate, and equipment and furnishings may be in a state of disrepair.

Why does nursing home neglect occur?

One primary reason is understaffing and inadequately trained caregivers, according to PBS. Part of this problem stems from the fact that many nursing homes are being bought out by large corporations that are constantly seeking to cut operating costs in order to preserve or increase their profit margins. However, abuse and neglect can also take place in small, locally owned and operated facilities as well, which often have inadequate resources and funding.

How prevalent is neglect in nursing homes?

One study found about 10% of people in nursing homes suffer from abuse, according to the National Center on Elder Abuse (NCEA). Types of abuse include physical abuse, psychological or verbal abuse, sexual abuse, neglect, and financial exploitation.

An estimated 260,000 older adults in New York were victims of at least one form of elder abuse in 2010, found a study called the Under the Radar: New York State Elder Abuse Prevalence Study. Of all the types of abuse, financial exploitation was the most-often self-reported type of abuse or neglect.

How can neglect be reported?

Most states offer a hotline to call and report suspected elderly abuse or neglect. The state of Missouri recently introduced an online reporting system as an alternative to calling the Adult Abuse and Neglect Hotline that is run by the state’s Department of Health and Senior Services (DHSS).

The DHSS computer database is encrypted for security and allows reports to be submitted by the public or by mandated reporters 24 hours a day, seven days a week. Missouri’s Adult Abuse Hotline takes calls from 7:00 a.m. to midnight daily.

Can nursing homes be held accountable for neglect?

Yes, nursing homes can be held accountable for neglect. On Dec. 12, 2019, New York State announced a verdict of $5,032,281 against the Northern Manhattan Nursing Home in New York City. Resident Frederick Smith died an untimely death due to the nursing home’s neglect that led to Smith suffering brain damage, said Supreme Court Judge Hon. Lucy Billings.

Recent nursing home neglect lawsuits have alleged that certain nursing homes have failed to adequately protect patients in the midst of the COVID-19 pandemic.

Nursing home deaths have increased, not just because of COVID itself, but also because of the resulting exacerbation of neglect due to staffing shortages and other pandemic-related challenges.

How can nursing home neglect be prevented?

The best way to prevent an elderly relative from being neglected or abused is to stay in close contact and communicate frequently, looking out for signs of abuse or neglect. Residents who receive regular visits from friends and family are more likely to receive better care than those who do not. If you have concerns that someone is a victim of nursing home neglect, contact your state’s health authorities.

If someone you love has suffered from nursing home neglect or abuse, you may be able to file a lawsuit and pursue compensation. Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with a nursing home neglect attorney.

Consulting an experienced nursing home neglect attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

In general, nursing home neglect lawsuits are filed individually by each plaintiff and are not class actions.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual nursing home neglect lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

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