Nursing Home Lawsuits

Understanding The Most Common Forms Of Nursing Home Elder Abuse

There are many types of abuse in nursing homes, but some of the most prevalent examples of what is considered nursing home neglect include:

Physical Abuse

The definition of physical abuse in a nursing home is both the intentional and inappropriate application of physical force against an elderly resident of a nursing home that has the potential to cause pain, injury or even wrongful death. The use of physical abuse against seniors in nursing homes is especially unacceptable because elderly residents frequently are more susceptible to injury. The potential for broken bones or fractures in older adults is much higher, and their recovery time is generally much longer. Elderly physical abuse can vary, ranging from something relatively mild, such as a slap or push, to something far more extreme, like kicking or beating. However, any form that physical abuse takes should not be tolerated, as it can easily lead to significant harm to a nursing home resident.

Some acts of physical abuse that are frequently seen in nursing homes include:

• Using a hand or object to punch, beat or strike a resident
• Kicking or slapping
• Pushing a resident into a wall, object or bed in an attempt to make them move faster
• Knocking an elderly resident to the ground
• Unnecessary use of restraints, both chemical and physical
• Intentional withholding of hygiene, hydration, medication or nutrition needs
• Pinching or pulling of a resident’s hair
• Burning the resident

As detestable as this list of acts taking place in a nursing home is, these are real-life instances of physical abuse.

Sexual Abuse

As unimaginable and distasteful as this particular form of nursing home abuse may seem, sexual abuse is a very real occurrence in nursing homes throughout the country. Any non-consensual sexual conduct or interaction is considered nursing home sexual abuse. Staff members at nursing homes have the capability of using their position to exercise dominance, authority, and power over ill or frail residents who lack the ability to consent, making the situation extremely problematic. If you suspect that a loved one is being taken advantage of in this way, contact a nursing home sexual abuse lawyer as soon as possible. Some examples of nursing home sexual abuse include:

• Unwelcome or inappropriate touching
• Sexual harassment
• Sexual assault
• Fondling
• Sodomy
• Sexual coercion
• Exposing a resident to pornography through force
• Oral copulation by force
• Rape

Emotional Abuse

Emotional or mental abuse in a nursing home can be particularly insidious because it is less likely to leave physical signs, which makes it harder to detect. Emotional abuse is never appropriate, and the offensive nature of this form of verbal or psychological mistreatment is exacerbated by the fact that residents of nursing homes are dependent on staff members for their needs.

Like other forms of nursing home abuse, emotional abuse may take a variety of forms:

• Isolation or Abandonment: This type of abuse may involve segregating the resident so that the senior does not have access to social interaction or participation in activities in the facility. This form of emotional abuse also includes ignoring the resident or refusing to talk to the resident or to answer the resident’s questions.
• Threats: If the resident observes the inappropriate treatment of another senior, a nurse or other staff member may threaten to cause physical harm or to deprive the resident of physical necessities if the resident discloses the misconduct.
• Verbal Abuse: The staff member may verbally dress down or humiliate the resident with derogatory comments or insults. This form of emotional abuse may also include verbal threats when the resident soils their sheets or otherwise engages in conduct that they cannot control.
• Emotional Manipulation: Because nursing home residents have a high level of dependency on staff members, threats and hostility may undermine the resident’s self-esteem and make the resident leery about asking for something to drink or a snack. These fears increase the risk of the resident suffering from malnutrition or dehydration.

What Does Emotional Or Mental Abuse In Nursing Homes Do To The Brain?

Emotional abuse can cause the brain to release cortisol, which is a stress hormone. Too much cortisol can cause issues such as depression, avoidance of others, and memory impairment.

Financial Abuse

Financial exploitation or abuse involves other residents, staff, visitors or administrators at the nursing home taking or using the property, money or credit of a resident for an unapproved use or to defraud the resident. Financial exploitation is defined as the wrongful misappropriation of a person’s finances or assets for another’s benefit. A resident’s finances or property may be misused because the senior is incapacitated and unable to give lawful consent or the senior is exposed to intimidation, manipulation or deceit. Some of the more typical forms of nursing home financial abuse include:

• Electronic transfers, online credit card transactions or electronic debits from a senior’s account
• Forging the check of a resident
• Stealing property or money from a senior
• Tricking a resident into executing a will, trust or contract for financial gain
• Engaging in self-dealing transactions with an elderly resident
• Accessing the bank accounts of a senior
• Using the credit history or identity of the resident for financial advantage
• Billing the resident for service not provided

Understanding The Massive Scope Of The Nursing Home Abuse And Neglect Epidemic

Although many elderly residents and families pay thousands of dollars a month for around-the-clock professional care, massive verdicts against nursing homes across the United States appear routinely in media reports. Tragic accounts of physical abuse, sexual assault, violence, and chronic neglect that result in physical injury, emotional distress, dangerous falls, starvation, and declining health are far too common. The magnitude of nursing home abuse becomes clear when considering some startling statistics from the National Center on Elder Abuse:

• One out of every ten elderly Americans become the victims of abuse or neglect.
• Approximately four in ten nursing homes have been determined to have violated elder abuse laws.
• Over the course of a year, 5.9 million seniors will become victims of elder abuse.
• Ninety percent of nursing homes are insufficiently staffed to meet minimum standards.

This data is reinforced by a study prepared by the Special Investigations Division of the House Government Reform Committee:

• One in three nursing homes was cited for abuse of elderly residents during the two-year period of the investigation.
• During this same period, 5,233 nursing homes were cited for more than 9,000 instances of resident abuse.
• More than 1,600 of these incidents of abuse resulted in actual harm, including “immediate jeopardy of death or serious injury.”

Scope Of Under-Reporting Of Nursing Home Abuse

As incomprehensible as nursing home abuse may seem, these horrific acts are far more pervasive than most people would imagine. Recent research indicates that almost 45 percent of nursing home residents have experienced a form of abuse, while almost half believe that they have been treated in a rough manner by staff. Despite the frequency with which nursing home abuse occurs, the magnitude of the problem is far greater than this data indicates because many acts of nursing home abuse go unreported.

A study by the U.S. Department of Health and Human Services characterized the problem this way: “Studies of the processes states use to detect, investigate, resolve, and prevent elder mistreatment in nursing homes, assisted living facilities, and board and care homes are deeply flawed. As a result, estimates of elder abuse and neglect are lower than the actual prevalence, and the process must be strengthened to protect residents.”

While it is impossible to know the extent of the underreporting problem, there are reasons to believe that it is widespread. Staff members and nursing homes have little incentive to report violations because of exposure to fines, civil liability, and criminal penalties. Many seniors also are hesitant or unable to report nursing home abuse. Obstacles to accurate reporting include a variety of factors, such as:

• Fear of reprisals
• Cognitive limitations in comprehending abuse
• Limited communication ability
• Inadequate frequency and thoroughness of inspections by state agencies
• Coverups in nursing homes to avoid criminal and civil liability

Some sense of the scope of the inaccuracy associated with reporting of elder abuse in nursing homes is provided by a study that focused on New York nursing homes. The study revealed that for every incident of nursing home abuse that was reported, 24 other incidents of abuse went unreported. When limited to cases of neglect, the underreporting was even more extensive, with only one in 57 incidents being reported.

Nursing Home Caregivers Acknowledge Mistreatment Of Elderly Residents

What many people with aging parents or other elderly loved ones in nursing homes might be surprised to learn is that nursing home abuse is so prevalent that even staff members acknowledge that it is a common occurrence. A nursing home survey found that half of the staff members surveyed indicated that they had mistreated elderly residents during the previous 12-month period, either through some form of intentional abuse or inadvertent neglect. Another survey of certified nursing assistants (CNAs) found that 17 percent admitted that they had pushed, shoved or grabbed a nursing home resident. Almost a third of the CNAs in this survey indicated that they had insulted a resident or assailed them with profanities.

A review of nursing home citations for abuse and neglect violations showed that one in three nursing homes received a formal citation for practices that amount to abuse, including gross neglect. This abuse can take many forms, but the frequencies with which the most common forms of abuse occur break down as indicated below:

Law Governing Nursing Home Care Of Residents

Residents in nursing home facilities are protected by a variety of state and federal laws and regulations. These provisions provide a safeguard against abuse and neglect while protecting the security and privacy of seniors in these facilities. Because of rising reports of nursing home mistreatment of residents, Congress passed legislation in 1987 that required nursing homes to abide by specific mandates if they accepted Medicare or Medicaid for residents.

The Omnibus Budget Reconciliation Act (OBRA) of 1987 (Nursing Home Reform Act) defines specific standards of care for nursing homes. The federal statute directs these facilities to “provide services and activities to attain or maintain the highest practicable physical, mental, and psychological well-being of each resident in accordance with a written plan of care.” If a long-term care facility participates in Medicare/Medicaid, the facility must comply with applicable federal regulations.

When a resident in a nursing home facility is injured because of the negligence of staff, management or ownership, the injured resident might be entitled to compensation. Long-term care facilities also can be liable for substandard care, abuse or other violations of federal law that result in harm to residents. Some states impose even more stringent regulations for nursing homes that accept Medicare/Medicaid.

What Are The Causes Of Nursing Home Abuse And Neglect?

Tragically, neglect and abuse in nursing homes across the United States cause preventable debilitating illnesses, serious injuries, and wrongful deaths. Most forms of mistreatment in long-term care facilities are rooted in economics. The shift to corporate-owned nursing homes has resulted in large corporate facilities operated by entities and individuals with limited experience in the health-care sector of the economy. This lack of experience and corporate ownership leads to a focus on cutting operating costs to maximize profits. The factors that contribute to nursing home abuse and neglect include:

• Low Pay: Many facilities pay caregivers only slightly more than minimum wage. Given the physical and emotional toll on nursing home care providers, the low pay levels have created a significant shortage of qualified caregivers. The average pay for caregivers is $12 per hour, whereas the average rate for all occupations is $17 per hour, according to the U.S. Department of Labor. Because of changing demographics in the United States as Baby Boomers retire, nursing home industry experts anticipate increasing labor shortages.
• Inadequate Staffing: Nursing homes motivated to maximize profits look to cut costs. A common strategy to reduce operating expenses involves operation with a “skeleton staff.” Inspections and studies have revealed that some nursing homes place only one caregiver per 30 residents on a shift. When facilities attempt to run with this level of chronic understaffing, residents’ basic needs are threatened, such as hydration, nutrition, medical care, and hygiene.
• Failure to Provide Sufficient Training/Supervision: Nursing homes often hire unqualified staff, then exacerbate the problem by offering almost no training. While federal law requires nursing homes receiving Medicaid/Medicare to adopt and implement individual care plans, compliance often is thwarted because the staff lacks the experience and knowledge to properly implement such plans. Given that this lack of training frequently will be accompanied by almost no supervision, the high rate of abuse and neglect in long-term care facilities is predictable.
• Failure to Perform Adequate Background Checks: In the wake of a flood of massive judgments and settlements against large nursing home chains for systemic abuse and neglect, some states have implemented requirements to conduct background checks. However, the decision to conduct screenings, as well as the extent of those investigations, is left up to individual facilities in many states. More than 90 percent of nursing home facilities included in a U.S. Department of Health and Human Services study had a caregiver on staff with a criminal record. The stress stemming from long hours, low pay, and work that is physically and emotionally demanding combined with workers with criminal records creates an environment ripe for abuse.

Signs Your Elderly Loved One Is A Nursing Home Abuse Victim

If you observe signs of nursing home abuse when visiting your elderly loved one, such as loss of weight, infections, bedsores, lack of hygiene or cleanliness, sudden changes in mood or temperament or similar indications, you should speak to your loved one privately to determine if there are abuse or neglect issues. If you cannot tell for sure if abuse is occurring or your elderly family member’s ability to understand or communicate is impacted by a medical condition, you should consider taking your loved one to a physician, notifying the police, and contacting a nursing home negligence attorney to discuss potentially filing charges over the neglect or abuse.

Frequently Asked Questions About Nursing Home Abuse

What Constitutes Neglect In A Nursing Home?

The most common forms of nursing home neglect are:

• Physical abuse
• Sexual abuse
• Financial abuse
• Emotional abuse

Can I Sue A Nursing Home For Neglect?

Yes. A nursing home, long-term care facility or assisted living facility can be held legally responsible in the event that negligence, neglect or abuse is reported by a resident or the family of a resident.

When Can You Sue A Nursing Home For Negligence?

You can sue a nursing home or assisted living facility for neglect when the substandard care ends up causing harm to a patient or resident. There are a number of safety and medical issues that can arise from neglect or medical malpractice in a nursing home. If you aren’t sure if you have a case, contact a nursing home injury attorney at our law firm for a free consultation.

What Are The Nursing Home Lawsuit Statistics For Receiving Settlements?

Statistics show that around 95% of lawsuits related to nursing home abuse end in settlements. Furthermore, one study revealed that in 61% of cases in which a plaintiff turned down a settlement offer, they received less from the trial verdict.

How Much Is A Nursing Home Neglect Case Worth?

Nursing home lawsuit settlements average about $400,000, but they can vary greatly from case to case.

How Long Does It Take To Settle A Nursing Home Lawsuit?

The length of time it takes to settle an elder abuse lawsuit is dependent on many different factors, including the complexity of the case. It can often take 18 months or longer to reach a settlement in assisted living negligence cases.

Who Can Sue For Elder Abuse?

If you’re considering contacting a retirement home attorney and suing a nursing home for negligence, the only people who are able to sue are the person being abused, family members who either have witnessed the abuse or have power of attorney, spouses, and guardians. These people can all be plaintiffs in a nursing home lawsuit.

How Do I Make A Formal Complaint Against A Nursing Home Or Assisted Living Facility?

The procedure for making a formal complaint against a nursing home for abuse, neglect or any other reason can vary by state but typically involves contacting a state government agency. For instance, in New York, nursing home complaints are handled by the state Department of Health.

How Do You Report Neglect In A Nursing Home?

To report suspected neglect in a nursing home, contact your state adult protective services office or call the Eldercare Locator hotline at 1-800-677-1116. You can also seek help from your state’s long-term care ombudsman.

How Do I File A Claim Against A Nursing Home?

In order to file a legal claim against a nursing home, contact an experienced nursing home negligence lawyer, who can handle your lawsuit from start to finish to make sure that your rights are protected.

What Is The Statute Of Limitations For Nursing Home Abuse Lawsuits?

How long you have to file a lawsuit against a nursing home will vary based on the type of abuse and which state you’re in. Personal injury, medical malpractice, and wrongful death all have their own statutes of limitations, and those change on a state-to-state basis.

How Do You Prove Nursing Home Neglect?

Elder abuse and neglect can be tricky to prove, as many of the indicating factors for abuse can resemble injuries common among the elderly. A key part of your case will likely be documentation of things like unexplained injuries, bedsores that do not heal, and unexplained weight loss.

What Are The Three Most Common Complaints About Nursing Homes?

The three most common complaints about nursing homes are the staff’s delayed response to calls, a lack of social interaction with both family and other residents, and low-quality food.

How Can We Prevent Elder Abuse In Nursing Homes?

Family members should be aware of the signs of abuse and how to spot them and visit frequently to check up on their loved ones. Nursing homes can help prevent abuse by implementing a monitoring system, setting strict care policies and guidelines, hiring an adequate amount of staff, and making sure that staff receive proper training.

What Percentage Of Elder Abuse Is Reported?

It is estimated that only 1 in 14 cases of elder abuse, or 7%, are actually reported. Sadly, nursing home abuse is more common than we would like to imagine.

Is Abuse Of The Elderly A Felony?

Abuse of the elderly is considered a third-degree felony in New York. If you suspect elder abuse, you should report it as soon as possible, then get in contact with a senior living abuse lawyer to determine your next steps.

Can You Get Kicked Out Of A Nursing Home?

Yes, it is possible to be evicted from a nursing home. However, it is only allowed for specific reasons, and the nursing home must comply with strict procedures for doing so.

What Is The Most Commonly Reported Type Of Elder Abuse In Residential Care Homes?

Neglect is the most common type of elder abuse. This is often due to low staffing numbers that prevent caregivers from providing patients with the care and attention needed. Regardless, it’s an institution’s duty to provide adequate staffing to keep residents safe.

What Is The Most Common Infection In Nursing Homes?

Urinary tract infections are the most common infections found in nursing homes.

What Is The Leading Cause Of Death In Nursing Homes?

Alzheimer’s and other forms of dementia are the most common causes of death in nursing homes.

What Do You Do If A Resident Is Being Aggressive?

If a resident is becoming aggressive, the nursing home staff should approach them with a calm tone of voice while still maintaining a safe distance. If the resident remains aggressive, the caregiver should either seek assistance from another employee or leave and come back later.

Are Nursing Homes Liable For Falls?

Yes. Nursing homes can be held liable for slip and fall accidents that take place on their premises.

Covid-19 Nursing Home FAQ

How Can Public Health Agencies Prioritize COVID-19 Testing Across Nursing Homes?

According to the Centers for Disease Control and Prevention (CDC), if there are shortages of testing capacity, “Priority facilities may include those with confirmed cases, those in counties with high incidence, those with the ability to cohort residents who are found to be positive, larger facilities, and facilities with more patients with recent health-care exposures (e.g., recent hospitalization or outpatient dialysis). If a facility identifies additional cases through facility-wide testing, then that facility should be prioritized for repeat testing of negative residents.”

What Are The CDC Recommendations For Residents Who Show COVID-19 Symptoms?

If a resident is showing symptoms of COVID-19, the CDC recommends that the resident be moved to a single room until testing can confirm whether or not they are infected. While waiting for the test results to come back, the resident should wear a face mask to ensure that they do not potentially spread the illness to others.

How Should The Spread Of COVID-19 Be Prevented In Nursing Homes?

Residents of nursing homes should self-isolate as much as possible. Those who begin to show symptoms should also have a separate bathroom. Bedrooms and bathrooms of residents showing symptoms should be cleaned on an as-needed basis.

Are Visitors Allowed Into Nursing Homes During The Coronavirus Disease Pandemic?

Yes, but anyone showing COVID-19 symptoms should not be permitted to enter. Furthermore, all visitors must wear a face mask at all times and limit their visit to the room of the resident they’re visiting.