Nursing Home Abuse vs. Neglect

Monday, February 15, 2016

Nursing Home Abuse vs. Neglect

Written by Malman Law, reviewed by Steve J. Malman.

Long-term care facilities throughout the United States are supposed to care for those too sick or too frail to care for themselves. Unfortunately, due to the increased demands for more care facilities, the regulations and monitoring of these facilities – including those that are federally and state funded – has started to fail. Residents of long-term care facilities are supposed to be taken care of and free from verbal, sexual, physical or even mental abuse. But, when facilities are not properly regulated or monitored, abuse and neglect can occur.

Abuse and Neglect: What Are They?

Nursing home abuse is defined as the intentional infliction of injury, the use of confinement or restraints, intimidation, deprivation for punishment, or any acts that result in purposeful physical harm, pain or emotional anguish.

Nursing home neglect is when a facility fails to provide a person with the care and services that they need to avoid harm or pain. These failures can include dangerous situations where a patient becomes injured or suffers from emotional distress.

Common Types of Nursing Home Abuse and Neglect

In a nursing home, abuse and neglect are becoming a frequent occurrence. Despite new laws and regulations, these victims are still not being protected from unnecessary harm or inadequate care. Some common types of nursing home abuse can include:

• Sexual abuse
• The unnecessary use of restraints
• Assault and battery – including kicking, punching, slapping, shaking
• Use of chemical restraints
• Purposeful deprivation of food, medications or water

Some common types of nursing home abuse include:

• Bedsores
• Lack of hygiene care – including bathing, oral care or even changing the individual’s bedsheets
• Dehydration
• Lack of food
• Inadequate medication use, no medication or improper dosages
• Unsanitary conditions
• Infections
• Falls, fractures or head injuries due to slips, trips or falls

Abuse and neglect is most commonly seen in seniors when they are in a care facility. Caretakers, assistants and even physicians have been found guilty of abuse and neglect.

Who Is Liable for Abuse or Neglect?

If you suspect or have evidence that abuse or neglect has occurred in a care facility, the facility can be held liable for the injuries and individuals within that facility can be as well. Some individuals that can be considered liable include:

• Management staff
• Nursing staff
• Physicians
• The owner of the facility (whether they had contact with the patient or not)
• Supervisory staff
• The actual caretakers responsible for causing injury

If you suspect abuse, contact the police right away and remove your loved one from that facility. Then, contact an attorney. An attorney will ensure that the responsible parties are held liable for their actions, but also help your loved one receive the compensation they deserve for injuries, medical treatments and the pain and suffering that they endured because of the abuse and neglect.
Contact Malman Law for your suspected neglect or abuse case at 888-751-2297 or fill out an online contact form with your questions.