What is elder abuse and neglect?

What is Elder Abuse & Neglect - Nursing Home and elder abuse

Each year hundreds of thousands of older persons are victims of nursing home abuse or are abused, neglected, and exploited by family members and others. Many victims are people who are older, frail, and vulnerable and cannot help themselves and depend on nursing home care to meet their most basic needs.

Legislatures in all 50 states have passed elder abuse prevention laws. Those laws and definitions of terms vary from one state to another, but all are designed to prevent nursing home and elder abuse.

Generally Accepted Definitions

Elder abuse is an umbrella term referring to any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult.

• Physical abuse is inflicting, or threatening to inflict, physical pain or injury on a vulnerable elder, or depriving them of a basic need.
• Sexual abuse is the infliction of non-consensual sexual contact of any kind.
• Emotional or psychological abuse is the infliction of mental or emotional anguish or distress on an elder person through verbal or nonverbal acts.
• Financial or material exploitation is the illegal taking, misuse, or concealment of funds, property, or assets of a vulnerable elder.
• Neglect is the refusal or failure by those responsible to provide food, shelter, health care, or protection for a vulnerable elder.
• Self-neglect is characterized as the behavior of an elderly person that threatens his/her own health or safety.
• Abandonment - The desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person.

Call 1-800-773-1955 or Click here to get help immediately If you feel a member of your family has been a victim of elder abuse.

Nursing Home Facts & Definitions

According to the Nursing Home Reform Act of 1987, all residents in nursing homes are entitled to receive quality care and live in an environment that improves or maintains the quality of their physical and mental health. This entitlement includes freedom from neglect, abuse, and misappropriation of funds. Neglect and abuse are criminal acts whether they occur inside or outside a nursing home. Residents do not surrender their rights to protection from criminal acts when they enter a facility. This information sheet presents resident rights with regard to neglect and abuse, and steps to take if these rights are jeopardized.

WHAT ARE NEGLECT AND ABUSE?

Neglect: Neglect is the failure to care for a person in a manner, which would avoid harm and pain, or the failure to react to a situation which may be harmful. Neglect may or may not be intentional. For example, a caring aide who is poorly trained may not know how to provide proper care. Examples include:

• Incorrect body positioning -- which leads to limb contractures and skin breakdown;
• Lack of toileting or changing of disposable briefs -- which causes incontinence and results in residents sitting in urine and feces, increased falls and agitation, indignity and skin breakdown;
• Lack of assistance eating and drinking -- which leads to malnutrition and dehydration;
• Lack of assistance with walking -- which leads to lack of mobility;
• Lack of bathing -- which leads to indignity, and poor hygiene;
• Poor hand washing techniques -- which leads to infection;
• Lack of assistance with participating in activities of interest -- which leads to withdrawal and isolation;
• Ignoring call bells or cries for help.

Abuse: Abuse means causing intentional pain or harm. This includes physical, mental, verbal, psychological, and sexual abuse, corporal punishment, unreasonable seclusion, and intimidation. Examples include:

• Physical abuse from a staff member or an intruder or visitor from outside the facility -- including hitting, pinching, shoving, force-feeding, scratching, slapping, and spitting;
• Psychological or emotional abuse -- including berating, ignoring, ridiculing, or cursing a resident, threats of punishment or deprivation;
• Sexual abuse -- including improper touching or coercion to perform sexual acts;
• Substandard care which often results in one or more of the following conditions -- immobilization, incontinence, dehydration, pressure sores, and depression;
• Rough handling during care giving, medicine administration, or moving a resident.

Misappropriation of Property/Funds: This means the deliberate misplacement or misuse of a resident’s belongings or money without the resident’s consent. Examples include:

• Not placing resident funds in separate interest-bearing accounts where required;
• Stealing or embezzling a resident’s money or personal property, such as jewelry or clothing.

Nursing homes are required by federal law to have intervention strategies and regular monitoring to prevent neglect and abuse. The nursing home must reevaluate these measures on a regular basis.

If you feel that a member of your family has been a victim of nursing home or elder abuse please contact our office to get help immediately at 1-800-773-1955.

Click Here to view the Nursing Home Bill of Rights