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Recognizing Nursing
Home Abuse and Neglect
By: Dan Frith
All
residents in nursing homes are entitled to receive quality
care and live in an environment that improves or maintains
the quality of their physical and mental health. This
entitlement includes freedom from neglect and abuse.
WHAT CONSTITUTES NEGLECT AND ABUSE?
Neglect: Neglect is the failure to care for a person in a manner,
which would avoid harm and pain, or the failure to react to
a situation which may be harmful. Neglect may or may not be
intentional. For example, a caring aide who is poorly
trained may not know how to provide proper care. Examples
include:
- Incorrect
body positioning -- which leads to limb contractures and
skin breakdown;
- Lack of
toileting or changing of disposable briefs -- which
causes incontinence and results in residents sitting in
urine and feces, increased falls and agitation,
indignity and skin breakdown;
- Lack of
assistance eating and drinking -- which leads to
malnutrition and dehydration;
- Lack of
assistance with walking -- which leads to lack of
mobility;
- Lack of
bathing -- which leads to indignity, and poor hygiene;
- Poor
handwashing techniques -- which leads to infection;
- Lack of
assistance with participating in activities of interest
-- which leads to withdrawal and isolation;
- Ignoring
call bells or cries for help.
Abuse: Abuse means causing intentional pain or harm. This includes
physical, mental, verbal, psychological, and sexual abuse,
and intimidation. Examples include:
- Physical
abuse from a staff member, another resident, or visitor
from outside the facility -- including hitting,
pinching, shoving, force-feeding, scratching, slapping,
and spitting;
- Psychological or emotional abuse -- including berating,
ignoring, ridiculing, or cursing a resident, threats of
punishment or deprivation;
- Sexual abuse
-- including improper touching or coercion to perform
sexual acts;
- Substandard
care which often results in one or more of the following
conditions -- immobilization, incontinence, dehydration,
pressure sores, and depression;
- Rough
handling during care giving, medicine administration or
moving a resident.
REPORTING
NEGLECT AND ABUSE
It is a
violation of State and Federal law for any person, including
facility staff, volunteers, visitors, family members or
guardians, or another resident, to neglect or abuse a
resident.
- Anyone can
and should report neglect and abuse. If you suspect
neglect or abuse, or if a resident tells you they are
experiencing this problem, it is important to believe
the resident and REPORT THE ALLEGATION IMMEDIATELY. This
will help prevent further suffering by any resident.
- Many states
have laws that require the reporting of abuse and
neglect. Find out what your state requires.
- Put your
report in writing, date it, and keep a copy. Convey as
much information as you can about the situation.
Remember to include:
WHO The
name of the victim, including age and address; the name of
the facility and the people responsible for the victim’s
care; the identity of the person who you believe abused or
neglected the resident;
WHAT The
nature and extent of harm and any physical signs of abuse or
neglect; any previous incidents; what happened;
WHERE and WHEN the place where the incident happened
and time and date of the incident.
Make Your
Report To:
- The nursing
home’s administrator, director of nursing, and social
worker
- The state or
local Ombudsman
- The local
police or State law enforcement
- Adult
Protective Services agency – which is part of the
Department of Social Services
- The state
survey agency that licenses and certifies nursing homes
(often in the Health Department)
- A citizen
advocacy group or other church or community group that
visits regularly.
- Keep trying
until you get the assistance you need. You can locate
the above resources in:
AFTER THE
REPORT:
- Follow up
with the resident and facility to make sure the neglect
or abuse has stopped.
- Follow up
with the person or agency conducting the investigation.
Ask for written copies of investigative reports.
- If the
perpetrator is charged with abuse or neglect, the charge
will be referred to the state licensing authority. If
the guilty person is a nurse aide, the charge will be
reported to the state nurse aide registry. This registry
is used by nursing homes to prevent abusive aides from
working with the elderly. Nursing homes are required to
check the registry before hiring a person.
- If all the
safety options fail, you may have to contact the local
media, the U.S. Justice Department, or seek private
legal assistance.
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Dan Frith
is the founding partner of Frith Law Firm, P.C.,
a firm
focusing on medical malpractice, nursing home abuse, personal injury, lead paint poisoning and business torts. Copyright © 2004 by
Frith Law Firm, P.C. All rights reserved under U.S.
and international law.
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