Speaking Up to Defend Seniors from Abuse in Long-Term Care Facilities

The two most vulnerable populations in society are young children, and our most elderly citizens . Both groups are intelligent and know when they are being victimized, yet rarely have the power to stop it, without intervention and support from caring family members or friends. More than 46 million Americans are over the age of sixty-five years presently, and health organizations estimate that the number will double by 2060, placing more seniors into long-term or assistive living circumstances, and under the care of health care providers. Improving the quality of nursing home care is a top priority, as well as understanding how to enhance safety for residents, and reduce instances of physical or psychological abuse. How Often Does Elder Abuse Happen in Long-Term Health Care Facilities? According to the National Council on Aging (USA), 1 in every 10 Americans over the age of sixty-five years, has been the victim of psychological or physiological. Abuse. Unfortunately, the NCOA also shares that instances of abuse have a low report rate; the organization cites that only 1 in every 14 cases of senior abuse are ever reported to law enforcement or legal agencies. Why are so few cases reported? Close family members and legal guardians (such as children) do care and intervene, to advocate for improvement of care. Unfortunately, in the United States, there are only roughly 1.7 million beds total for senior care, which is grossly inadequate for the number of seniors who will require them within the next ten to twenty years. Wait lists and the unavailability of room at other institutions frequently forces family members to work with internal staff, to find a resolution, rather than reporting the case to the authorities. Cost and the unavailability of space or facility alternatives, often result in the resident remaining where they are experiencing inappropriate treatment. And families feel trapped, and unable to do anything about it, and instead of reporting poor care, they attempt to negotiate and work internally to improve the situation. What Kind of Negligence Can Seniors Experience in Disreputable Institutions? It can be hard to imagine that any healthcare provider, whether doctor, nurse or nurse’s aide, would ever engage in any harmful behavior toward a patient. Unfortunately, according to

• Theft of personal property, prescription medications and valuables
• Emotional intimidation and bullying
• Neglect
• Medical negligence (including malpractice for bedsores, falling injuries and other unexplained secondary health conditions that can escalate within a care facility)
• Sexual abuse
• Illegal restraints
• Physical abuse (hitting, punching, pinching, pulling hair or otherwise rough handling of residents)

The statistics are frightening. In 2002, a U.S. Senate committee was provided with a report that stated over one-third of nursing homes had been cited for an abuse violation, against patients and residents in their care. The abuse can emanate from medical care providers, or from other residents, where primary care providers fail to provide safety protocols to protect residents from violent or abusive patients. Neglect can quickly escalate into systemic abuse that can threaten the life of a loved one. Family members that are involved actively with the personal care team for the senior, should be watching for cues like bruises, unexplained or repeat fall injuries, and fearful behavior among providers or other residents. Taking Legal Action to Protect Loved Ones: Know Your Rights Reporting nursing home abuse is never easy, and there are a number of concerns that guardians and family members may have, about pursuing legal action against a long-term healthcare facility. The burden of proof lies with the family, and there can be social and administrative obstacles and intimidation involved that can make collecting evidence or inquiries uncomfortable. There is always the fear and possibility that a senior who is being abused, will experience even more harassment, if the family is unable to secure another residence for them, during a legal inquiry. For most reputable long-term care organizations, the threat of any level of negligence or deliberate social, sexual or physical abuse is taken seriously. The administration and management will typically cooperate to identify the problem, and to source staff members who may have been involved in illegal conduct with patience. Naturally it is within their best interest to cooperate fully with law enforcement and legal counsel, and when the organization is cooperative and professional, the accused healthcare employees will typically face discharge, as well as civil liability from the patient’s family. Allegations that are proven in a court of law about healthcare workers, linking them to deliberate negligence or abuse, can also result in the removal of a nursing, technician or aid license, and the ability to work with vulnerable populations (the elderly and children) again. Fines, and even jail time face those that are proven guilty, per state and federal laws, and offending parties proven guilty can also face a civil liability suit, as the family will seek monetary compensation for increased healthcare expenses, injuries and pain and suffering. More importantly, assistance can be accessed to help find a new care setting for the family member, which is advised when abuse is confirmed. Protect your family members and know their rights, when it comes to living and being cared for in a nursing home.