Nursing Home Abuse Lawsuits - Forms of Abuse and Warning Signs

There are various reasons why elders reside in nursing homes. Some require assistance with their activities of daily activities, such as bathing and dressing, or need medical care. Others may choose to live in a nursing home to combat loneliness. Unfortunately, these elders are at risk for nursing home abuse.

The National Center on Elder Abuse calculates elder abuse occurs in 30 percent of nursing homes. The actual figures are likely much higher; as it is estimated only 20 percent of abuse cases are reported. Abusers are not always nursing home staff. Other residents or visitors can subject elders to abuse.

Abuse can take the form of the following.

• Physical Abuse - Inflicting or threatening to inflict physical pain or personal injury.

• Emotional Abuse - Causing mental distress or anguish.

• Sexual Abuse - Unwanted touching or sexual assault.

• Exploitation – misappropriation of money or valuables.

• Neglect - Not providing adequate health care, food, and shelter.

• Abandonment - Dereliction of duty by a caregiver.

Warning signs of nursing home abuse include bruises, broken bones, bedsores, unexplained weight loss, poor hygiene and depression. Elders who suffer from mental impairment or do not have visits from family and friends may be at increased risk of nursing home abuse.

There is no federal law in effect for enforcement against elder abuse. The 1987 Amendments to the Older American Act merely provides definitions. States have individual laws that vary widely. These statutes may detail the definition and forms of abuse encompassed by the laws, whether the abuse is criminal or civil, reporting procedures and who is responsible for investigation. Criminal charges are rarely pursued as many victims suffer from mental impairment or are incapable of withstanding the rigors of a trial.

It is believed nursing home abuse will escalate as the baby boomer generation ages and resources are stretched beyond capacity.

Because state laws regarding elder abuse vary, it is important to speak with personal injury lawyers skilled with experience handling nursing home abuse cases in your state. Utah residents can feel confident when they contact the nursing home abuse attorneys at Dewsnup, King & Olsen.