All nursing home residents have the right to receive quality care and live in an environment that improves or maintains the quality of their physical and mental health. This right includes freedom from neglect and abuse.
WHAT CONSTITUTES NEGLECT AND ABUSE?
To jump: Neglect is the failure to care for a person in a way that prevents harm and pain, or the failure to react to a potentially harmful situation. Negligence may or may not be intentional. For example, a care assistant who is not well trained may not know how to provide proper care. Examples include:
- Incorrect positioning of the body, which leads to contractures of the extremities and rupture of the skin;
- Failure to go to the bathroom or change disposable briefs, leading to incontinence and causing residents to sit on urine and feces, increased falls and restlessness, indignity and skin lesions;
- Lack of assistance with eating and drinking, leading to malnutrition and dehydration;
- Lack of walking assistance, which leads to lack of mobility;
- Lack of toilet, which leads to indignity and lack of hygiene;
- Poor hand washing techniques, which leads to infection;
- Lack of attendance to participate in activities of interest, leading to withdrawal and isolation;
- Ignore calling bells or cries for help.
Abuses: Abuse means intentionally causing pain or harm. This includes physical, mental, verbal, psychological, and sexual abuse and intimidation. Examples include:
- Physical abuse by a staff member, other resident, or visitor from outside the facility, including hitting, pinching, shoving, force-feeding, scratching, slapping, and spitting;
- Psychological or emotional abuse, including scolding, ignoring, ridiculing or cursing a resident, threats of punishment or deprivation;
- Sexual abuse, including inappropriate touching or coercion to perform sexual acts;
- Poor care often resulting in one or more of the following conditions: immobilization, incontinence, dehydration, pressure sores, and depression;
- Rough handling during caregiving, medication administration, or resident transfer.
REPORTING NEGLIGENCE 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 that she is experiencing this problem, it is important to believe the resident and REPORT THE ALLEGATION IMMEDIATELY. This will help prevent further suffering on the part of 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 victim’s name, including age and address; the name of the establishment and of the persons responsible for the care of the victim; the identity of the person you believe abused or neglected the resident; WHAT The nature and extent of the damage and any physical signs of abuse or neglect; any previous incidents; What happened;
WHERE Y WHEN the place where the incident occurred and the time and date of the incident.
Make your report to:
- Nursing home administrator, director of nursing and social worker.
- State or local Ombudsman
- Local police or state police
- Adult Protective Services Agency, part of the Department of Social Services
- The state survey agency that licenses and certifies nursing homes (often in the Department of Health)
- A citizen advocacy group or other church or community group that you visit regularly.
- Keep trying until you get the help you need. You can locate the above resources at:
AFTER THE REPORT:
- Follow up with the resident and the 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 accused of abuse or neglect, the charge will be forwarded to the state licensing authority. If the guilty person is a nursing assistant, the charge will be reported to the state registry of nursing assistants. Nursing homes use this registry to prevent abusive attendants from working with the elderly. Nursing homes are required to check the registry before hiring a person.
- If all security options fail, you may need to contact your local media, the US Department of Justice, or seek private legal assistance.