Elder Law
What is Nursing Home Abuse?
What can you do if you or your loved one was abused or neglected at a nursing home?
If you feel your loved one is in immediate danger, call your local police or 911, or hospital emergency department. If your family member lives in another state call 1 (800) 677-1116. This is the Eldercare Locator hotline and the staff will help you find help. Here is a directory of state ombudsmen offices, state elder protection agencies, quality review boards for nursing homes:
The Nursing Home Reform Act of 1987 allows all residents of nursing homes to receive quality care and live in a place that maintains or even improves their wellness. This act includes freedom from abuse or neglect and misuse of funds. Residents should be aware that abuse and neglect in nursing homes are criminal acts when they happen inside the nursing home or on the premises of the nursing home.
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Nursing Home Neglect can be characterized as the following: (this is not a legal statement)
- Neglect is a failure to help when reasonable in a way which would avoid a resident pain or harm usually in the long-term.
- Abuse can be both physical, sexual, psychological, and verbal and usually means intentionally causing harm or pain. This can be done by putting the elder in intentional seclusion. Some physical acts that can qualify as abuse include punching, slapping, pushing, spitting, feeding with force and even pinching.
There are usually many local reform activists who will direct you to the right attorney. What should you look for when selecting a nursing home to avoid nursing home neglect? Here are a few guidelines:
- First remember that the actual cost of the nursing home is not an indicator of the quality of care you or your loved one will receive. Any nursing home facility should be further investigated.
- Remember to check the quality of meals being offered. Just because the food looks good doesn't mean it's decent. Most nursing homes should let you order a meal before you sign up a loved one.
- Visit several nursing homes. Many people make the mistake of visiting to few places. Keep a checklist of what you see and how clean the nursing homes are, but remember looks can be deceiving as just because a nursing home looks clean doesn't mean it's a quality home.
There has been indications that the nursing home industry is in trouble. The following statistics might explain why:
- There are 250 000 elders being nursed at only 1,400 nursing homes
- Medi-Cal pays $115 per day for care, food, and other associated costs
- 1 out of 3 nursing homes in the nation was cited by regulators for having the potential to abuse or neglect residents.