Nursing Home Abuse

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At the law offices of d'Oliveira & Associates, P.C., we are committed to providing our clients in Rhode Island and Southern Massachusetts with outstanding legal representation and legal services. The services we offer our clients who have been the victims of nursing home abuse are no exception. When you become a client of d'Oliveira & Associates, P.C., you can be assured that our attorneys and dedicated support staff will be with you every step of the way.

Nursing home negligence is a major problem in America. The fact is, too many nursing home owners behave as if profits are more important than resident care. You have the right to get answers to your questions and to know what options you have. If you think that someone you love has been the victim of negligence in a nursing home, you can do something about it.

If a nursing home fails to care for you or your loved one in a professional and compassionate manner or if you or your loved one has suffered from abuse or inadequate care, you may be entitled to compensation. Therefore it is important to thoroughly understand the warning signs of potential nursing home abuse or negligence.

In order to assist you in the protection and preservation of your rights, we have listed below some common types and indicators of nursing home abuse, neglect and abandonment:

Physical Abuse

Physical abuse refers to any physical injury inflicted on an older person by nursing home staff or anyone else who is responsible for the care of the resident. This can include beatings, sexual assault, food or water deprivation, and inappropriate use of physical restraint.

Some Signs of Physical Abuse:

• Bruises, black eyes, lacerations, and welts
• Broken bones and fractures
• Burns
• Cuts, open wounds, and wounds in various stages of healing
• Sprains, dislocations, and internal injuries
• Poor skin condition
• Dehydration or malnourishment
• Weight loss
• Broken eyeglasses\
• Sudden change in behavior
• Signs of restraint
• Lab findings indicating an overdose or deprivation of medication
• Caregiver's refusal to allow visitors to see the older person alone
• Depression or withdrawal from family and friends
• Changes in behavior; mood swings
• May seem frightened, teary eyed
• Elder may flinch at movements
• Elder may be frightened by opposite gender

Psychological and Emotional Abuse

Psychological and emotional abuse is defined as the infliction of mental suffering on an older person by nursing home staff or anyone else who is responsible for the care of the resident. This can include threats, humiliation, verbal assaults, and isolation.

Some Signs of Psychological and Emotional Abuse:

• Agitation or anger
• Withdrawal
• Depression
• Confusion
• Unusual behavior, such as rocking, biting, and sucking
• Emotionally upset, agitated, or combative behavior
• Extremely withdrawn, non-communicative, or depressed
• Complaints of poor treatment

Financial Abuse

Financial abuse is defined as the theft or misuse of an elder's funds, property, or assets. Examples of this include stealing an older person's money or possessions, forging their signature, cashing their checks without authorization, and the misuse of guardianship, conservatorship, or power of attorney, by nursing home staff or anyone else who is responsible for the care of the resident.

Some Signs of Financial Abuse:

• Changes in banking practice
• Unauthorized ATM withdrawals
• Addition of names to bank signature card
• Sudden changes in a will \
• Disappearance of funds or possessions
• Unpaid bills despite adequate financial resources
• Inadequate care despite adequate financial resources

Neglect

Neglect is defined as the failure to fulfill duties and obligations to an older person. This can include failure to provide for necessary care, food, water, shelter, medicine, clothing, or other necessities for daily living.

Some Signs of Neglect:

• Dehydration or malnutrition
• Untreated bedsores
• Poor personal hygiene
• Untreated medical conditions
• Unsanitary living condition
• Harmful living conditions
• Withholding of medication or over medicatin
• ncorrect body position
• Lack of assistance with eating, drinking, and walking
• Dirt, soiled bed, fecal or urine odor

Abandonment

Abandonment is defined as the desertion of an older person by nursing home staff or anyone else who is responsible for the care of the resident.

Some Signs of Abandonment:

• Desertion of an older person at a nursing home or hospital
• Desertion of an older person at a public place, such as a shopping mall

Your Rights

Nursing home abuse is a crime. Residents of nursing homes have rights and protections under the law. They have the right to be treated with dignity and respect, and to have their privacy and personal worth protected. They must be informed about their medical care and have the right to make their own decisions regarding their money and services. In 1987, Congress passed the Nursing Home Reform Act which requires each state to issue regulations to protect the rights of nursing home residents. Protecting your loved one's rights begins with understanding just what their rights are.

Access and Visitation

Nursing facilities can't keep a resident from seeing family members, resident advocates, physicians, service providers, or representatives of the state or federal government.

Accommodation of Need

Nursing homes must adapt their rules and services to a resident's individual needs and preferences, when it is reasonable to do so. For example, residents may keep and use their personal possessions and clothing, unless health and safety would be endangered.

Confidentiality

Residents have the right to keep their personal and clinical records private.

Equal Access to Quality Care

A nursing facility must have the same policies and practices for all individuals, regardless of whether they pay their bills privately or receive benefits from Medicare or Medicaid.

Financial Obligations

Periodically, nursing facilities must tell residents what facility services Medicare and Medicaid cover. In addition, the facility must list the services for which residents will be charged and the fees for services.

Free Choice

Residents have the right to choose their personal physician, be fully informed about their medical care and treatment, participate in planning their care and treatment, and to refuse treatment.

Freedom from Abuse and Restraints

Residents have the right to be free from physical or mental abuse. They cannot be kept apart from other residents against their will. They cannot be tied down or given drugs to restrain them if such is not required to treat their medical symptoms. The facility cannot use restraints to punish a resident or to make it easier to care for the resident.

Grievances

Residents have the right to complain about their care or treatment without being punished. They also have the right to have their grievances resolved quickly.

Notice of Rights

When a resident is admitted to a nursing facility, staff must inform the resident about his or her rights. The facility must provide a written statement of these rights if a resident asks for it.

Participation in Resident and Family Groups

Residents have the right to participate in social, religious, and community activities that do not interfere with the rights of other residents.

Personal Funds

Nursing facilities may not require residents to deposit their personal funds with the facility. However, a resident can ask a nursing home to manage his or her personal funds. In this case, the facility must follow state and federal record keeping requirements.

Privacy

Residents have the right to privacy. This right includes their rooms, medical treatment, communications (including telephone conversations), visits, and meetings with family or resident groups.

Records and Surveys

A resident has the right to review his or her medical records within 24 hours after making a request. A resident also has the right to examine the results of the facility's most recent survey and the plan of correction, if there is one.

Relocation

Residents must receive notice before their room or roommate is changed. Residents can refuse transfer to another room if the purpose of the transfer is to move the resident from a Medicare bed to a Medicaid bed or vice versa.

Transfer and Discharge

Residents have the right to remain in the nursing home. They cannot be moved unless the transfer or discharge is: (1) necessary to meet the resident's welfare; (2) appropriate because the resident no longer needs the facility's services; (3) necessary to prevent endangering the health or safety of other individuals in the facility; (4) based on the resident's failure to pay, after reasonable notice; or (5) required because the facility has ceased to operate. Also, the resident and a family member or legal representative must be given at least 30 days' notice of a proposed transfer/discharge and must be informed of the resident's right to appeal. The facility must prepare the resident so the transfer/discharge is safe and orderly.

Transfer for Hospitalization

Before transferring a resident for hospitalization or therapeutic leave, a facility must give the resident written notice of how long it will hold the resident's living space open. This is called a "bedhold period."

Priority Readmission

A nursing home resident who remains in the hospital or on therapeutic leave after the bedhold period expires must be readmitted to the facility immediately when a semi-private bed becomes available.

We hope that this brief discussion has given you some insight into some of the complexities involved in nursing home cases. Most importantly, if you believe that you or a loved one has been the victim of nursing home abuse or negligence, you need a law firm that can handle these cases. If we feel that our firm is not the most qualified to handle your particular case we will be happy to use our experience and know-how to help you find a lawyer that can provide you with the legal representation and dedication you deserve. Remember, we never charge you any fees or expenses, unless your case is successful.

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