Long-term elder care is on the rise, mainly because Americans are living longer and the first wave of baby boomers is now beginning to enter long-term-care facilities. But longevity and an increasing elder population can create many challenges. To provide good elderly care for loved ones, it may be necessary for family members to seek long-term care at nursing homes, however, nursing home abuse is also increasing. If you suspect that an elderly person is being abused, you can help by learning the basic signs of nursing home neglect and elder care law.
Elder Abuse
Elderly people—once independent and self-sufficient—can find themselves totally dependent on nursing home staff and administrators. As our elder citizens become more physically and mentally frail, they are vulnerable to nursing home abuse and neglect and often aren't aware of elder care law. Both elder needs and the demands of caregiving can create situations in which abuse is more likely to occur.
 Elder abuse usually occurs where the senior lives: most often in the home where abusers are their adult children; other family members such as grandchildren; or spouses/partners of elders. Far too often, nursing homes and long-term care facilities are sources of elder abuse.
There are several types of elder abuse:
- Physical abuse: infliction of pain or injury, including sexual abuse.
- Misuse of restraints: chemical or physical control of resident not in accordance with accepted medical practice or orders.
- Verbal/emotional abuse: demeaning statements, harassment, threats, humiliation or intimidation.
- Physical neglect: disregard for the necessities of daily living such as food, water, bathing and basic care.
- Medical neglect: lack of care for existing medical problems such as ignoring a necessary medical diet, not calling a physician when necessary, being unaware of potential side effects of medication or not taking action on a medical problem.
- Verbal/emotional neglect: not meeting the patients' verbal/emotional needs including disregarding patients' wishes, or restricting contact with family and friends.
- Personal property abuse: illegal or improper use of a resident's property (funds, property, assets) by another for personal gain.
- Healthcare Fraud and Neglect: by unethical doctors, nurses, hospital personnel, and other professional care providers, e.g., not providing for healthcare but charging for it; overcharging or double-billing medical services; Medicaid fraud
- Issues with the Elder Care Facility: crowding; poorly trained, poorly paid or insufficient staff; impersonal and inadequate responses to your questions about care, particularly elder law.
Signs of Elder Abuse
The National Center on Elder Abuse (NCEA) lists the following signs of potential elder abuse:
- Bruises, pressure marks, broken bones, abrasions, and burns may be an indication of physical abuse, neglect, or mistreatment.
- Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may be indicators of emotional abuse.
- Bruises around the breasts or genital area can occur from sexual abuse.
- Sudden changes in financial situations may be the result of exploitation.
- Bedsores, unattended medical needs, poor hygiene, and unusual weight loss are indicators of possible neglect.
- Behavior such as belittling, threatening, and other uses of power and control by spouses are indicators of verbal or emotional abuse.
- Strained or tense relationships, frequent arguments between the caregiver and elderly person are also signs.
Some signs of elder abuse can be mistaken as symptoms of dementia or frailty and the caregiver may explain them as such. However, signs and symptoms can go hand-in-hand with mental and physical deterioration: If you suspect elder abuse, it is your right, and your responsibility, to question the caregiver. If you suspect the caregiver of abuse, contact your local police department, the state ombudsman or an elder care lawyer.
Elder Care Law
Elder Care Law includes elder care abuse. Unfortunately, many serious injuries and even death are often unreported, but most elder abuse and neglect can be prevented. Prompt reporting is the first step.
 All 50 states have elder laws that address the problem of elder abuse and neglect, but each state has different laws. Under federal law, an older individual is a person who is 60 years of age and older, but many states protect individuals who are 65 or older.
Typically, state law definitions of elder abuse include physical abuse, neglect, or a deprivation of care that results in physical harm or pain and/or mental suffering. Neglect may be defined as both passive and active neglect. Many states include financial exploitation of the elderly in their definitions of elder abuse. And several states treat elder abuse as a criminal offense that can result in felony, fines, and/or jail time.
In some states, nursing homes and other institutional caregivers and their works are subject to penalties including loss of license, censure, and fines.
In most state, reporting of elder abuse—either by health and human services professionals, long-term care facilities employees, and/or law enforcement personnel is mandatory. As well, numerous states require financial professionals such as bankers to report elder abuse, and a few require the clergy to report elder abuse.
Elder Care Investigation Procedures
Every state has an ombudsman that investigates complaints of elder abuse in institutional settings, and sometimes may include domestic settings. A minority of states now compiles registries of facilities and caregivers that have been convicted of elder abuse or crimes involving the elderly. Federal legislation has proposed background checks for all caregivers, but a few states already have laws that require such criminal background checks.
If you have been the victim of abuse, exploitation, or neglect, or you know of someone who is the victim of elder care abuse, elder care lawyers will review cases involving nursing home abuse and neglect resulting in injury or death. |
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Nursing Homes Many state agencies have reported incidents of negligent care of nursing home residents resulting in death.
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