Do you know what constitutes nursing home abuse or neglect?
Posted on behalf of Michael D'Amico of D'Amico & Pettinicchi, LLC on Nov 22, 2014 in Nursing Home Neglect
Most residents would likely agree that even one occurrence of nursing home neglect or abuse is one too many. To try to prevent activities considered to be negligent or abusive, regulations regarding the matter have been adopted at the federal and levels. Under these regulations neglect is defined, in part, as a failure to provide the services and care necessary to keep a resident free from harm. Among other things abuse is considered the intentional infliction or injury or punishment that leaves the recipient the victim of physical harm, mental anguish or pain.
Neglect and abuse take many forms. The first is a lack of care of medical problems. Next is assault and battery or rape. Keeping food or water away from the resident could also be considered neglect or abuse. Restraint—either chemical or physical—that is not directed by a physician is also neglect or abuse.
It is possible that these activities could go on for some time without the loved ones of a resident figuring it out. That said there are certain symptoms that if present could indicate that neglect or abuse is taking place. These include: unexplained injuries, hesitation on the part of the resident to talk when members of the staff are in the room, malnutrition and dehydration. Other physical injuries may be more obvious, such as a rapid loss or gain of weight, bed sores, infections, head injuries, fractures and bed injuries. In the worst cases death could occur.
Once neglect or abuse is uncovered it is important to take action to protect a loved one. While removing them from the situation should be the first order of business, it may also make sense to take legal action against the facility as well