How
prevalent a problem is nursing home abuse?
Nursing
home abuse is a serious problem that is on the
rise. It is estimated that 1,000,000 elderly Americans
are victims of abuse each year. (This includes
nursing home abuse, domestic abuse, and self-abuse.)
Experts have estimated that well over 30,000 older
Americans die prematurely due to some form of
negligence, abuse or mistreatment. As more and
more Americans become senior citizens, it is almost
inevitable that the incidence of nursing home
abuse and neglect will continue to rise.
What
is a nursing home?
Most
people would define a nursing home as a multiple
bed facility that assists older Americans who
cannot live by themselves on a 24 hour-a-day basis.
Nursing home residents are often immobile, have
long-term illnesses, mental health disabilities
or rely on specific medical care that is most
effectively administered in such a home.
Why
is there such a rise in nursing home abuse?
There
are numerous reasons for the rise in nursing home
abuse. Perhaps the single most important reason
for the rise in nursing home abuse and negligent
care is due to the growing number of senior citizens
in this country. Another important factor is that
Americans are living longer and staying in facilities
for longer periods of time. There has been a rise
in the number of nursing homes and facilities
to meet the demand of the rising number of senior
citizens. Some of these facilities are staffed
by uninterested, abusive, and under-trained staff
that are often times the main perpetrators of
nursing home abuse. Finally, nursing homes often
place tremendous stress on a staff that is overworked
and perhaps under-trained. This can lead to low
quality nursing home care. Residents who experience
nursing home abuse are frequently ignored, neglected,
or physically abused.
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What
are the different types of nursing home abuse?
General
nursing home abuse and neglect is the most common
type of abuse and occurs when any associated nursing
home staff or related healthcare professional
does not fulfilling their stated duty to residents.
Physical nursing home abuse occurs when someone
uses physical force to willfully inflicts bodily
injury, harm, pain, or damage to an elderly person.
Sexual nursing home abuse occurs when any individual
engages in nonconsensual sexual contact of any
kind with an elderly person. Psychological or
emotional nursing home abuse occurs when a nursing
home staff or custodian willfully inflicts mental
and psychological pain, anguish, distress or suffering
towards an elder individual using verbal or nonverbal
acts. Abandonment occurs when a custodian of an
elderly individual willfully abandons or deserts
an elderly person (when a reasonable person would
continue to provide care of custody). Financial
exploitation occurs when an individual who controls
the finances of an elder exploits their position
and irresponsibly or inappropriately use money,
funds, property, and assets that is intended for
use by an elder.
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What
is institutional abuse?
Institutional
abuse is any abuse suffered by a resident living
at a nursing home or other assisted living facility.
This can include, but is not necessarily limited
to, nursing homes, foster homes, group homes,
board and care facilities. Institutional abuse
is committed by any person who abuses, neglects,
exploits, or mistreats any person to whom they
have a legal or contractual obligation to provide
with a standard of care or protection.
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Does
Medicare or Medicaid pay for the patient's stay
in a nursing home?
Medicare provides Federal health care insurance
for patients 65 years and older. Medicaid gives
funding to low-income families. Both programs
pay for certain nursing home care in certain situations.
On average, half of nursing home care is paid
for by the patient.
What
are some of the considerations when looking for
a nursing home?
The
most important considerations when looking for
the right nursing home include quality of care,
treatment of staff and residents by administration,
facilities that provide for special needs of resident,
location of facility and financial considerations
Are
there preventative steps to safeguard elders from
suffering nursing home abuse?
Yes.
Monitor to make sure the nursing home follows
its personalized health and care plans for your
loved one. Make sure that the home conducts an
initial assessment of the resident's functional
capacity. Keep a copy of a resident’s federal
and state rights. If your loved one has difficulty
moving around or is bed ridden, check often for
bed sores that the staff may have missed. Speak
with the nursing home about steps to prevent your
loved one from falling, which can cause serious
problems to their short and long term health.
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What should you do if you fear
nursing home abuse of your loved one?
If
you fear that nursing home abuse may have occurred,
you should be aware that defendants often deny
liability for their actions or place the blame
on other residents or on the resident themselves.
In the majority of nursing home abuse cases, abuse
or neglect is the fault of either a staff member
or the facility itself.
As
soon as you fear a nursing home abuse injury has
occurred, begin collecting as many facts about
the case as you are able. The nursing home, especially
if they know they are guilty, will not cooperate
in this process. The perpetrator of the nursing
home abuse or neglect may change their stories,
alter paperwork, or commit other acts if they
fear they are facing legal action. This is why
it is important to gather material now so that
it makes it difficult for them to forge documents,
etc. later on.
If
you would like to contact a Nursing Home Abuse
Attorney, Click Here to CONTACT US.
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