Sadly, nursing home abuse is one of America's most rapidly growing problems. In 2001 a report by the U.S. House of Representatives, Committee on Government Reform and Special Investigations Division showed that approximately one third of nursing homes in the U.S. were cited for abuse violations over two years. However, it is estimated that 84 percent of nursing abuse cases go unreported or unrecognized.

Nursing home abuse is often referred to as "the hidden crime” for several reasons. First, nursing home abuse can be hard to recognize. Additionally, nursing home abuse can be concealed by nursing home staff. Furthermore, victims are often too frightened or incapacitated to communicate the nursing home abuse. It is rare that a nursing home death is detected by government inspectors, assessed by medical examiners or investigated and prosecuted by law enforcement.

Nursing home abuse can include physical abuse, neglect, sexual abuse, emotional and psychological abuse and abandonment occurring in a residential or long-term care facility or nursing home.

The Office of the Inspector General has identified seven categories of nursing home abuse:

Physical nursing home abuse is the most common type of nursing home abuse. Acts of physical nursing home abuse includes the beating, burning, hitting, kicking, pushing, shaking, slapping, inappropriate restraining or pinching of a patient.

Physical nursing home abuse may also happen in less direct ways such as force feeding or unsuitable drug use. Physical nursing home abuse signs are the easiest to determine and identify. In addition to visible signs, it is important to take note of and watch for poor treatment by nursing home staff, dehydration, unexplained injuries, over medication and malnutrition.

Unfortunately, patients are often the targets of emotional and psychological nursing home abuse as well. Emotional nursing home abuse may take the form of verbal abuse, humiliation, intimidation, isolation, harassment or insult by the nursing home staff. Emotional nursing home abuse is harder to detect than physical nursing home abuse unless you know what signs to look for.

These signs of emotional nursing home abuse may include agitation, biting, isolation, rocking, strange behavior towards loved ones, thumb or finger sucking, withdrawal and other uncharacteristic displays of aggression, fright or humiliation.

As in physical nursing home abuse, emotional nursing home abuse may be traumatizing for the patient and should not be taken lightly.

Another serious and common form of nursing home abuse is neglect. Signs of neglect may include poor hygiene, regular infections, unsanitary living conditions, signs of dehydration and malnutrition or lack of medical attention.

There are many federal and state laws which have been designed to protect nursing home residents. One of these is the Federal Nursing Home Reform Act of 1987 that states nursing homes “must provide services and activities to attain and maintain the highest practicable physical, mental and psychosocial well-being of each resident in accordance with a written plan of care…” This means that all nursing home patients have the right to receive quality care and reside in an environment which improves and/or maintains the resident's overall mental and physical health.

These rights include the right to freedom from abuse and neglect. In addition to the NHRA, many states have addressed nursing home abuse with laws which require health care professionals to report suspected nursing home abuse and neglect to a designated state office.

The laws also require nursing homes to investigate and report any accusations of abuse within their facility.

Nursing home abuse is an unacceptable practice that occurs far too often in nursing home facilities. If you or a loved one has become a victim of nursing home abuse, you may have the right to receive compensation for your pain and suffering. In order to determine your legal options and obtain information about your rights, you should contact an experienced personal injury lawyer knowledgeable in nursing home abuse law. This attorney can assist you in this sensitive situation and hold the nursing home responsible for the abuse liable for your injuries. If you, or a loved one, have been the victim of nursing home abuse in Kansas or Missouri, please do not hesitate to contact our office for a free consultation and case evaluation.

See Also:
Wrongful Death
Negligence Claims
Medical Negligence