Nursing Home Abuse
Understanding the different types of nursing home abuse and what families can do when an older adult is mistreated or neglected.
Quick Take
Nursing home abuse can take many forms, including physical, emotional, financial, and sexual abuse. Neglect can also place nursing home residents at serious risk of harm. When a loved one may have been abused or neglected in a nursing home or assisted living facility, recognizing the warning signs and understanding the available legal options can be important.
Nursing home abuse is a serious problem in America. Older adults living in nursing homes and assisted living facilities can be particularly vulnerable to abuse and neglect because they may depend on caregivers for daily assistance, medication, transportation, and other basic needs.
Many nursing home residents receive appropriate care and are treated with dignity and respect. However, abuse and neglect can still occur, and families may not always immediately recognize what is happening.
Understanding what constitutes nursing home abuse and knowing the different forms it can take may help families recognize potential problems and take appropriate action.
What Is Nursing Home Abuse?
According to NursingHomeAbuse.org, nursing home abuse occurs when an older adult in an assisted living facility is mistreated. In many situations, the alleged abuse may be committed by a caregiver or another person responsible for the resident’s care.
Abuse may be physical, emotional, financial, or sexual. Neglect is another serious concern and can occur when a resident does not receive appropriate care or attention.
Nursing Home Abuse Can Be Difficult to Recognize
Some residents may be unable to explain what happened, while others may be afraid to report mistreatment. Families and loved ones should pay attention to unexplained injuries, sudden changes in behavior, financial irregularities, or other signs that something may be wrong.
Types of Nursing Home Abuse
Nursing home abuse can take several different forms. Understanding the differences can help families recognize potential warning signs.
Physical Abuse
Physical force or violence that causes or may cause bodily injury to a nursing home resident.
Emotional Abuse
Conduct that causes emotional or psychological distress, fear, anxiety, or isolation.
Financial Abuse
Unauthorized use or taking of a resident’s money, property, accounts, or financial benefits.
Sexual Abuse
Nonconsensual sexual conduct or exposure involving a nursing home resident.
Physical Nursing Home Abuse
Physical abuse occurs when someone uses physical force against a nursing home resident. Forms of physical abuse can include pushing, hitting, and kicking.
Physical abuse can result in serious bodily injuries. Depending on the circumstances, a resident may suffer cuts, bruising, broken bones, or other injuries.
Potential Warning Signs
Unexplained bruises, cuts, fractures, repeated injuries, or sudden fear around a particular caregiver may warrant further attention, particularly when the explanation for an injury is unclear or inconsistent.
Emotional Nursing Home Abuse
Emotional nursing home abuse occurs when conduct directed at a nursing home resident negatively affects the person’s psychological well-being.
Unlike physical abuse, emotional abuse may not result in a visible physical injury. Instead, it can increase a resident’s stress and cause them to become anxious, unhappy, frightened, or withdrawn.
Examples can include yelling at a resident or intentionally isolating a resident from family members or friends.
Emotional Changes Matter
A sudden change in a resident’s behavior can sometimes be a warning sign. Family members may notice increased anxiety, fear, withdrawal, sadness, or reluctance to communicate with caregivers or visitors.
Financial Nursing Home Abuse
Financial abuse occurs when a resident’s money or property is taken or used without authorization. Because many older adults depend on retirement income, Social Security benefits, bank accounts, or other assets, financial exploitation can cause substantial harm.
According to the National Institute on Aging, financial exploitation can include taking an older person’s money or property, forging checks, changing the name on a will, or using a person’s credit cards or bank accounts without permission.
Money
Unauthorized use or taking of a resident’s money, retirement funds, or Social Security benefits.
Documents
Forging checks or improperly changing financial or estate documents.
Accounts
Using a resident’s credit cards or bank accounts without permission.
Sexual Nursing Home Abuse
A nursing home resident may become a victim of sexual abuse when an employee, caregiver, visitor, or another resident engages in nonconsensual sexual conduct involving the resident.
Sexual abuse can involve forcing an older adult to watch sexual acts or forcing the resident to participate in sexual acts. These experiences can cause significant emotional and psychological trauma for the resident and their loved ones.
A Resident’s Dignity Matters
Older adults living in nursing homes and assisted living facilities have the right to be treated with dignity and respect. Allegations of sexual abuse should be taken seriously and investigated promptly.
Nursing Home Abuse and Neglect
Abuse and neglect are related but distinct concerns. Abuse involves intentional or wrongful conduct directed toward a resident, while neglect may involve a failure to provide appropriate care or meet a resident’s needs.
Potential neglect may involve inadequate attention to a resident’s basic needs, medical care, safety, nutrition, hygiene, or other aspects of daily care. The specific facts are important when determining whether conduct constitutes legally actionable neglect.
Abuse and Neglect Should Not Be Ignored
If a family member notices unexplained injuries, sudden behavioral changes, financial irregularities, poor living conditions, or other indications that a loved one may not be receiving appropriate care, documenting the concerns and seeking professional advice may be important.
What Should Families Do If They Suspect Nursing Home Abuse?
Suspected nursing home abuse can be difficult for families to handle, especially when the resident depends on the facility for daily care. Taking steps to document concerns can help preserve information that may later be important.
Document Concerns
Keep records of injuries, changes in behavior, financial concerns, medical treatment, and communications with facility staff.
Preserve Evidence
Keep photographs, medical records, financial documents, messages, correspondence, and other information that may help establish what happened.
Report Suspected Abuse
Depending on the circumstances, suspected abuse may need to be reported to appropriate authorities or regulatory agencies.
Speak With an Attorney
An attorney can evaluate the circumstances, identify potentially responsible parties, and explain whether a civil claim may be available.
How a Nursing Home Abuse Attorney Can Help
Nursing home abuse cases can involve medical records, facility records, photographs, witness statements, financial documents, staffing information, and other evidence. Determining what happened may require reviewing information from several different sources.
A nursing home abuse attorney can investigate the circumstances, gather evidence, and determine whether a claim may be available against the person or parties responsible for the alleged abuse or neglect.
Investigate
Review the circumstances surrounding the suspected abuse or neglect and identify potentially responsible parties.
Gather Evidence
Collect relevant medical, financial, facility, photographic, and witness evidence.
Pursue a Claim
Determine whether the facts support a civil claim and pursue available legal remedies on behalf of the resident or family.
Frequently Asked Questions About Nursing Home Abuse
What are the most common types of nursing home abuse?
Common forms include physical abuse, emotional abuse, financial abuse, and sexual abuse. Neglect is also a serious concern involving the failure to provide appropriate care or meet a resident’s needs.
What are some warning signs of nursing home abuse?
Warning signs can include unexplained injuries, sudden changes in behavior, fear or withdrawal, unexplained financial activity, poor living conditions, or other changes that raise concerns about a resident’s care or safety.
Can a nursing home abuse attorney help investigate what happened?
An attorney can review available evidence, investigate the circumstances surrounding suspected abuse or neglect, identify potentially responsible parties, and explain whether a civil claim may be available.
What evidence may be important in a nursing home abuse case?
Depending on the circumstances, evidence may include medical records, photographs of injuries, financial documents, facility records, communications with staff, witness statements, and other documentation concerning the resident’s care.
Your Loved One Deserves to Be Treated With Dignity
Older adults living in nursing homes and assisted living facilities deserve to receive appropriate care and to be treated with dignity and respect. If you believe a loved one has been abused or neglected, documenting your concerns and speaking with an experienced attorney can help you understand your options.
Contact a Champaign, Illinois Nursing Home Abuse Lawyer
If your loved one, a friend, or someone you know has fallen victim to nursing home abuse or neglect in Illinois, contact a skilled and dedicated Champaign nursing home abuse attorney at Patel Law, PC to discuss your case.
