Physical and Emotional Abuse

When we trust an older member of the family to the care of a nursing home, we may worry that the facility will not be able to provide the right level of personalized care, but we don’t usually worry that our loved ones will be subjected to outright physical or emotional abuse. Unfortunately, nursing home residents frequently suffer from physical and emotional abuse in the very facility that is supposed to protect them.

Nebraska State Regulations define the term “abuse” as “any knowing, intentional, or negligent act or omission on the part of any person which results in physical, sexual, verbal or mental abuse, unreasonable confinement, cruel punishment, exploitation, or denial of essential care, treatment, or services to a resident.” 175 NAC §12-02.

The Nursing Home Abuse & Neglect Law Firm, PC, LLO investigates suspected instances of physical and emotional abuse and we work to obtain justice for those who have suffered harm. When we are able to expose abuse in a nursing home, we improve the quality of life not only for the individual we have assisted, but for everyone else in the facility both now and in the future.

Types of Physical Abuse

We tend to think of someone who is physically abusive as a person who hits or pushes others in a dramatic fashion. But nursing home residents can be subjected to physical abuse in a variety of ways, some of which can be hard to detect. When an individual is dependent on nursing home staff to meet all or most of their most basic needs, even a simple action or single act of neglect can have a devastating impact.

Nursing home residents can be subjected to physical abuse by:

• Excessive use of restraint that can leading to bruising and sores
• Rough or improper treatment during bathing or transfers
• Overmedication to keep a resident compliant or unresponsive
• Allowing a patient to suffer a fall
• Failure to provide proper assistance with feeding, allowing a patient to choke or become malnourished
• Inadequate bathing or delayed changing of soiled clothing or bedding
• Failure to provide adequate hydration
• Not following plans to prevent pressure wounds (bedsores)
• Denial of essential treatment necessary to avoid injury.

These types of abuse can be evidenced by both physical and mental symptoms. Unexplained bruises, or bruising that is much more prevalent than in the past can be an indication of abuse. Broken bones and head injuries can indicate that a nursing home resident was dropped or inadequately supervised or assisted, leading to a fall. Weight loss can be a sign of neglect, particularly with respect to feeding. Pressure wounds, also known as bedsores, are a common sign of neglect. Overmedication or lack of hydration can lead to confusion and lethargy. All of the symptoms can lead to more severe problems if not addressed quickly. Once damage occurs, it can be difficult if not impossible to reverse.

Recognizing Emotional Abuse

Emotional abuse in a nursing home can be much more difficult to recognize, but the harm caused can be just as traumatic for the resident subjected to the abuse. As behavior continues over time, it can cause a resident to become fearful, depressed, withdrawn, and lethargic. Emotional abuse can have physical effects, causing existing conditions to worsen or lower a resident’s ability to fight infection so that they become more susceptible to illness. They seem to give up on living.

In most cases, emotional abuse consists of a pattern of behavior, treating a resident in a threatening, manipulative, or demeaning way consistently over time. However, even a single instance can be too much, such as ridiculing a patient to her face and then posting the incident on social media. When anyone on the staff of a nursing home uses isolation, threats, or insults to control patients and keep them compliant, this is a level of emotional abuse that can provide a legal right to restitution. Lesser forms of emotional abuse may not provide grounds for a lawsuit, but contact from an attorney can often cause a nursing home to examine the behavior of its staff closely and to make changes that benefit everyone.

Alterations in a resident’s behavior, signs of fear or nervousness, and unexplained changes in health or appearance can be signs that a resident is being subjected to emotional abuse. If the nursing home refuses to let family visit unless a staff member is present in the room, that is also a sign for concern because the nursing home could be trying to prevent your loved one from revealing anything about the way they are being treated.

A facility that tolerates emotional abuse on the part of staff could be turning a blind eye to other forms of abuse as well. If you suspect emotional abuse may be occurring, it is wise to investigate sooner rather than later.

The Nursing Home Abuse & Neglect Law Firm, PC, LLO Can Protect Your Loved One from Physical and Emotional Abuse

According to our research, The Nursing Home Abuse & Neglect Law Firm, powered by Reed Law Offices, PC, LLO  is the only legal practice in Nebraska exclusively dedicated to helping victims of abuse and neglect in long-term care facilities. We know how to investigate instances of potential physical and emotional abuse. If we find no signs of trouble, we can put your fears to rest. If we uncover abuse, we can take the appropriate legal action to change the situation, protect vulnerable residents of the nursing home, and potentially obtain compensation to make up for the suffering your loved one has endured.

The effects of abuse can compound very quickly, so if you suspect abuse, we invite you to contact us for a confidential consultation as soon as possible.