Protecting Your Loved Ones Against Nursing Home Abuse

Summary

Learn about red flags of vulnerable senior abuse and neglect and your loved one’s rights under Oklahoma law.

When someone you care deeply about needs around-the-clock care, one of the most difficult decisions you can make is the decision to entrust their care to the hands of professionals at a long-term nursing home or rehab facility. Although most of us would give our loved ones the world if we could, often we are faced with limited options. At the end of the day, all we can do is have faith that the team at a loved one’s nursing facility will provide them with the compassion, dignity, and attentive care every patient deserves.

While most health providers are committed to providing their patients with a high standard of care, the unfortunate truth is that nursing home abuse and neglect can arise even in outwardly reputable facilities. In this post from Tulsa-based Oklahoma personal injury attorney Tim Gilpin, we’ll break down some key steps you can take to protect your loved ones from mistreatment at the hands of negligent and abusive caregivers.

Understanding the Rights of Nursing Home Patients

No matter where they live, vulnerable seniors and other nursing home patients deserve to be treated with attention and care. Although the law can vary by state, there are many state and federal legal protections in place to protect nursing home patients.

These are just some of the laws protecting Oklahoma patients in long-term facilities:

Continuum of Care and Assisted Living Act Title 63
Oklahoma Residential Care Act
Omnibus Budget Reconciliation Act of 1987
Federal Nursing Home Regulations
The Elder Justice Act
Laws protecting Medicare and Medicaid recipients

Between state and federal protections, Oklahoma nursing home patients are generally entitled to a long list of resident rights covering things like the right to civil and religious liberties, the right to privacy, and the right to present grievances without fear of retaliation or harassment. These protections also include the right to safety, dignity, and freedom from abuse or neglect.

The United States Department of Health and Human Services outlines the following definitions of elder abuse:

1. Emotional abuse

Emotional or psychological abuse is any pattern of behavior that uses non-physical (emotional) means to humiliate, harm, control, isolate, or intimidate another individual and can be every bit as impactful as other forms of abuse.

When a caregiver’s words or actions cause nursing home resident fear, distress, or mental agony, threatening a patient’s sense of personal dignity or safety, this constitutes emotional abuse.

All of these are examples of psychological or physical abuse:

Threatening punishment
Threatening to withhold medication, treatment, or care
Mocking or insulting a resident
Speaking condescendingly to a resident or treating them like a child
Shaming a resident
Yelling or raising one’s voice at a resident
Isolating a patient from social activities
Isolating a patient from their family or preventing family visits
Ignoring a patient
Manipulating a resident

Although the effects of emotional abuse are not always outwardly visible, the scars this type of abuse leaves can be very real, leaving patients withdrawn, depressed, anxious, or even living in fear in their homes.

2. Physical abuse

Physical abuse in a nursing home setting occurs when someone intentionally uses physical force to inflict injury, bodily harm, impairment, or pain on a resident. This type of abuse is particularly egregious when its victims are disabled or elderly patients who are unable to defend themselves.

Examples can range from rough handling to outright physical violence but may include:

The use of unnecessary restraints
Rough handling during transfers
Pushing or shoving a resident
Hitting or kicking a resident
Forcefeeding
Intentionally withholding water, food, or medication
Causing bruises or other unexplained injuries
Causing fractures
Causing burns
Physical punishment

Physical abuse is one of the most clear and obvious types of abuse within a long-term care or nursing home environment. In Oklahoma, anyone who suspects physical abuse of elderly patients is a mandatory reporter and should report suspicions of physical abuse to law enforcement right away.

3. Sexual abuse

Any type of non-consensual sexual contact for behavior constitutes sexual abuse in a nursing home setting. Additionally, many patients may have a limited capacity to provide consent, and any relationships between patients and staff should be looked at very seriously for violations of ethical and consent considerations.

Examples of sexual abuse in a nursing home may include:

Sexual assault or non-consensual sexual contact of any kind
Unwanted kissing
Unwanted groping
Unwanted touching
Coercion into sexual acts through threats
Coercion into sexual acts through manipulation
Exposing residents unnecessarily
Forcing residents to undress unnecessarily
Taking explicit images
Sharing explicit images

Sexual abuse is a very serious form of elder abuse, and all warning signs or suspicions of this type of abuse should be taken seriously and reported to law enforcement right away.

4. Exploitation

Exploitation is a very common type of abuse in long-term care facilities that involves illegally, unethically, or inappropriately stealing from or manipulating a resident or their family. Factors like a patient’s cognitive decline or emotional dependency on caregivers make it easy for bad actors to take advantage of that resident’s vulnerable state, often going unnoticed for long periods of time.

These are some common examples of exploitation in a residential care setting:

Outright theft of personal belongings, valuables,or cash
Check, credit card, or bank fraud using a vulnerable person’s information
Obtaining power of attorney over a resident inappropriately
Convincing a resident to change their will or other legal documentation to someone else’s advantage
Overbilling for care

Vulnerable nursing home residents typically have finite resources to ensure their long-term care and comfort. Depriving them of their financial resources for someone else’s gain can leave them financially insecure or faced with serious legal problems.

5. Neglect

Neglect occurs when a nursing facility or its staff fail to provide for the basic health, safety, and care needs of a patient. Even when neglect is caused by a inadequate training or understaffing rather than out of blatant disregard for residents’ needs, neglect should be taken very seriously.

All of these are examples of nursing home neglect:

Ignoring medication schedules
Leaving residents unsupervised or unattended
Failing to provide hydration or appropriate nutrition
Failing to bathe patients or assist with their bathing
Neglecting a patient’s toilet needs
Failure to maintain a clean and safe environment

Neglect can lead to serious consequences among residents including infections, dehydration, weight loss, illness, injury, or even death. If you suspect your loved one is experiencing neglect, be sure to act quickly to involve the proper authorities.

What to Do if You Suspect Nursing Home Abuse

If you suspect someone you know or care is experiencing nursing home neglect or abuse, follow these steps right away to protect them:

1. Document everything

Keep a record of all of your concerns. Use email or electronic platforms to create a digital trail with dates. Record details of conversations with your loved one, staff, and facility management. Take and save photos of any visible health concerns.

2. Notify the nursing home

Notify the nursing home in writing, preferably via email so you can retain dated copies of your correspondence.

3. Contact Oklahoma authorities

Report adult abuse to the Oklahoma Hotline at OKHotline.org or 1-800-522-3211.

4. Seek medical care

Contact your loved one’s primary health care provider or a second opinion doctor right away. In case of emergency, call 911.

5. Contact an attorney

Contact an attorney to find out about your loved one’s legal options.

Call Tim Gilpin for Help with Nursing Home Abuse

By holding those responsible for nursing home abuse accountable, families of abused love ones help ensure this doesn’t happen again to someone else’s family. Oklahoma personal injury attorney Tim Gilpin has extensive experience representing Oklahomans in medical neglect and abuse including nursing home and hospice rights.