What to Do if You Suspect Abuse

Federal and state laws require that nursing homes maintain the highest standards of safety. However, many nursing homes continue to place residents in dangerous environments.

2011-01-07

PHOENIX, AZ, January 07, 2011 (Press-News.org) Federal and state laws require that nursing homes maintain the highest standards of safety. However, many nursing homes continue to place residents in dangerous environments. More than half of all nursing home residents report having witnessed or been the victim of nursing home neglect or abuse.

What can you do if you suspect your loved one is being abused? First, you must understand what constitutes abuse. The Administration on Aging (AOA) states abuse is "any knowing, intentional, or negligent act" including:

- Physical Abuse: Corporal punishment or rough physical treatment
- Sexual Abuse: Inappropriate touching, sexual language, or sexual harassment
- Neglect: Failure to provide food, shelter, health care, or protection
- Exploitation: Stealing, misusing, or concealing an elderly person's funds, property, or assets to benefit another
- Emotional Abuse: Language that degrades, manipulates, intimidates, criticizes
- Abandonment: Deserting or ignoring an elderly patient who needs care
- Isolation: Restricting mail, phone calls and visits; appointing a staff member to speak for the resident

If you believe an elderly patient is in immediate danger, move the person to safety and call 911 or the local police without hesitation. Do not leave the resident alone. Speak to the nursing supervisor and ask that person to record your suspicions. Take a trusted family member, friend or minister with you when visiting your loved one, to serve as a witness.

Keeping a Record of the Abuse

Keep a written record of potential abuse. Record issues such as dressings that have gone unchanged, dirty clothing, or a lack of personal bathing. Take photos of bruises or cuts. Include the time and date and who was present in the room during your visit. Keep records of all medical personnel involved in your loved one's care. You may want to record what each person looks like. If your loved one is sharing a room with another resident, obtain the contact information for that resident's family. At some point, they may witness an incident. Go through the proper channels to get copies of your loved one's medical records.

If you have report nursing home abuse to facility administrators or an ombudsman and no action has been taken, contact the state agency that governs nursing home care and request they investigate your claims. Additionally, seek legal counsel. If your loved one dies while a resident in a nursing home, an autopsy may be indicated.

Fighting for Your Rights

When abuse is suspected, the elderly resident or a family member has the right to seek legal advice from any attorney they choose. In most cases, your legal options can be discussed during a free case evaluation. Keep in mind that simply suspecting nursing home abuse does not mean the abuse is occurring. While you may feel helpless, sad and angry, knowing where to turn for help can be a great comfort.

If you live in the Phoenix, Arizona area, please visit the website of nursing home abuse and neglect attorneys Cullan & Cullan M.D., J.D. today. http://www.stopnursinghomeabuse.org

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What to Do if You Suspect Abuse

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