Nursing Home Neglect and Abuse

Little Rock, Arkansas

Whether they live in a nursing home or an assisted living facility, all elder Americans are entitled by law to receive quality care and live in an environment that improves or maintains the quality of their physical and mental health. This covers not only physical and mental abuse and neglect, but also misappropriation of their property or funds.

A person does not give up their legal rights when they enter a long-term care facility. If you suspect mistreatment of any type, talk to a nursing home or assisted living attorney at the Duncan Firm.

Nursing Homes

Nursing homes care for millions of America’s most vulnerable citizens. For this reason, they are highly regulated by state and federal law. Nursing homes are businesses, however, and one way many business owners increase profits is by cutting labor costs. Many nursing homes are understaffed and nurses and care providers overworked.

When the staff cannot respond in a timely manner, mistakes happen. Pills are given too often or not at all. Patient hygiene suffers. Signs of serious illness are overlooked. Staff inattention and failure to respond to patients’ requests is the number one complaint filed against nursing homes. The most serious signs of inattention are neglect and abuse.

What are Abuse and Neglect?

Abuse means causing intentional pain or harm. This includes physical, mental, verbal, psychological, and sexual abuse, unreasonable seclusion, and intimidation. If you witness abuse, call 9-1-1. If harm is not imminent and you are unsure, you can call a nursing home or assisted living attorney at Duncan Firm for assistance. Examples of abuse 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, administration of medicine, or moving a resident.

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. 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.

Misappropriation of Property/Funds 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.

For more information, please see Questions About Nursing Home Abuse, Assisted Living & Adult Care Information, and Signs of Abuse or Neglect.

If you are feeling concerned about the safety and well-being of your elderly loved one, please contact our law office today for a free consultation and case review. Our nursing home abuse attorneys can answer questions clearly and give you advice as to your loved one’s legal rights and options and how you can best help.