When we have nowhere else to turn, we put our trust and the care of our elderly loved ones into the hands of nursing home staff. The last thing we want to discover is that our loved ones have been neglected or abused. Unfortunately, nursing home abuse and neglect happen all too often throughout the country.
Even if you’re just starting to consider putting your loved one in a nursing home, it’s important to understand the types of nursing home abuse, how to recognize the signs your loved one is being neglected or abused, the state laws that protect your loved one, and how a Cincinnati nursing home abuse lawyer can help if you find yourself needing legal advice.
Elder abuse refers to any intentional or negligent act by a caregiver or any other person that causes serious risk or harm to a vulnerable adult. While elder abuse can happen in many places, it often affects the elders in assisted living or nursing home facilities. According to Ohio’s Department of Aging, 16,000 reports of abuse, neglect, and exploitation are made each year within the state; however, it is estimated that these reports only represent one in 14 cases.
Even with the federal and state laws that exist to protect nursing home residents from abuse, staff members find ways to commit these heinous acts. If you suspect your loved one is being abused or neglected, you should immediately file a report. It’s also a good idea to seek legal representation. An experienced attorney can help you seek justice for your loved one.
According to Medicare’s Nursing Home Compare tool, there are 12 nursing homes within Cincinnati city limits. Only five of those facilities are rated as above average or much above average in regard to health inspections, staffing, and quality measure. Those facilities are:
The remaining eight facilities within city limits rank as below average or much below average, including:
No matter where your loved one resides, they deserve proper care. If you are concerned about your loved one’s wellbeing, it’s important to be aware of the types and signs of nursing home abuse and neglect. Once you recognize signs of abuse, a lawyer can help you determine if you have grounds for a personal injury claim.
You have enough on your plate. Get a free case evaluation and clear answers from our experienced attorneys today — we’ll take it from here.
The National Council on Aging recognizes the following types of abuse as serious problems: physical abuse, sexual abuse, emotional or psychological abuse, neglect, abandonment, financial or material exploitation, and self-neglect. Abandonment and self-neglect are not directly tied to nursing homes. Let’s take a closer look at the types of abuse that are prevalent in elderly care facilities.
Physical abuse occurs when any physical force results in bodily injury, physical pain, or impairment. Nursing home staff members may strike, hit, beat, push, shove, shake, slap, kick, pinch, or burn residents. The inappropriate use of drugs or physical restraints is also considered physical abuse.
Your loved one may be a victim of physical abuse if they have bruises, welts, lacerations, broken bones, open wounds, broken glasses, or untreated injuries. If a caregiver refuses to allow you or other visitors to see your loved one alone, be suspicious.
Sexual abuse is defined as non-consensual contact of any kind with an older person. If the person cannot give consent, it is also considered sexual abuse.
The signs of sexual abuse include bruises, unexplained venereal diseases or infections, unexplained bleeding, and torn clothing.
Emotional or psychological abuse occurs when anguish, pain, or distress is inflicted through verbal or nonverbal acts. Examples include verbal assaults, insults, threats, intimidation, humiliation, and harassment. Psychological abuse can also occur when an elderly person is isolated from their family or fellow residents.
While emotional abuse is not visible to the eye, the signs and symptoms may include being emotionally upset or agitated, being too withdrawn or noncommunicative, or acting out of character.
Neglect is a broader category of abuse; however, it is defined as the refusal or failure to fulfill any part of a person’s obligations or duties to an elder. This typically includes failing to provide life necessities like food, water, clothing, shelter, personal hygiene, medicine, comfort, and personal safety.
If your loved one is a victim of neglect, they may be dehydrated, malnourished, or dirty. They may have untreated health problems, or they may be living in unsafe or unsanitary living conditions.
Elders are at risk of being financially exploited. Financial or material exploitation is defined as the illegal use of an elder’s funds, property, or assets. If nursing home caregivers have access to bank accounts or credit card information, they may abuse that knowledge. Examples of financial or material exploitation include cashing a check without permission, forging a signature, misusing or stealing money or possessions, or the improper use of power of attorney.
If your loved one is being taken advantage of financially, you may notice sudden changes in their bank account, the inclusion of additional names on bank accounts or powers of attorney, abrupt changes in a will, unexplained money transfers, or unexplained disappearances of valuables.
In light of the numerous instances of nursing home abuse and neglect, it’s important to become familiar with Ohio’s Nursing Home Residents’ Bill of Rights. This bill establishes what rights are afforded to residents of all nursing home facilities in Ohio.
These rights include:
If you believe your loved one’s rights are being abused in their long-term care facility, you have the right to pursue legal action on their behalf. The Cincinnati nursing home abuse attorneys from Thomas Law Offices can help.
Whether you’re in the process of finding the right facility for your family member or you’re beginning to question the care they’re receiving, it’s important to understand what your rights and abilities are when it comes to protecting your loved one’s health and wellbeing.
If you are no longer able to provide your loved one with the care they need to live as high a quality of life as possible, it’s time to start thinking about a long-term care facility. To choose the best facility possible for your loved one’s needs and wants, there are steps you can take.
If everything’s in order after following that list, you can help your loved one move into their new home. It’s not always an easy transition into an assisted living or even independent care facility. Still, it’s important to remember that your loved one will have access to the care and services they need.
Unfortunately, even the most detailed vetting process doesn’t guarantee your loved one won’t be mistreated. If you think they’ve been abused or neglect, you have the right to file a report with the state.
If you believe a nursing home facility has allowed your loved one to be abused, you can file a complaint with the Ohio Department of Health (ODH). Keep in mind they usually do not process complaints in which the incident is more than one year old. There are three ways you can report abuse or neglect:
The ODH Complaint Hotline is available from 8:00 a.m. to 5:00 p.m. and is covered by a real-time intake staff. The hotline’s voicemail is available 24 hours per day, seven days a week, and is checked twice every day. The Complaint Hotline often receives calls regarding ambulatory surgical centers, intermediate care facilities for individuals with intellectual disability, home health agencies, hospices, hospitals, residential care facilities, and skilled nursing facilities.
If you choose to email a complaint, you’ll want your email to contain certain information, including your full name, address, and phone number, the individuals involved and affected, the specifics of the complaint, the date, time, and, if possible, frequency of the abuse, a description of any other actions you’ve taken, and your opinion on whether the incident was isolated, why it happened, and if the facility tried to address the situation.
When you fill out a Health Complaint Form, the complaint will be investigated according to the provider type and the complaint’s nature. Two regional offices in Ohio will begin and maintain the investigation. You’ll receive a letter of acknowledgment explaining that the ODH received the complaint, and you’ll receive an additional notice of the outcome of the investigation.
If you file a complaint and the proper actions are not taken, your next step would be to get involved with a Cincinnati nursing home abuse attorney. When you seek help from Thomas Law Offices, we’ll explain your family’s options and help you protect your elderly loved one.
The effects of nursing home abuse or neglect on your loved one can be detrimental. The physical and psychological effects may have a more significant impact than what is initially realized. While your loved one recovers, you have the right to contact a Cincinnati nursing home abuse lawyer. We can help you hold the negligent party accountable for their actions to seek justice and prevent future abuse cases. Contact us today for a free evaluation of your claim.
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