You’ve made the difficult decision of putting your loved one into the care of a nursing home. You did the research, you visited the facilities, met the staff, and left with the impression that this would be the right place to trust. It’s only right to expect peace of mind. Sadly, in New Orleans, there are many cases of elder abuse that begin after the doors close behind you.
According to the WHO, 1 in 6 people over the age of 60 experienced abuse in the last year in community settings, which includes nursing homes. Rates only increased during the pandemic. Financial abuse, one of the major types of elder abuse, resulted in an estimated $36.5 billion in 2021 according to the National Council on Aging.
With a majority of cases going unreported, it’s hard to know the true extent of the problem.
If you have witnessed or believe there is abuse at your loved one’s nursing home, you can make it stop. Educate yourself on the warning signs and the laws in place help. Gertler Accident and Injury Lawyers are here to support you and your family through this sensitive, confusing ordeal, providing you with the facts. We offer over 35 years of experience, and the long-held trust of the community in New Orleans and throughout Louisiana.
The Five Types Of Nursing Home Abuses:
There are a variety of abuses that can happen to nursing home residents, but they mainly boil down to five:
- Physical (includes sexual abuse) – Deliberately hurting the resident through: beating, shoving, hitting, administering care (medication, changing clothes, bathing) in a way that is physically aggressive so as to cause pain, or restricting movement (tying the resident to bed or other furniture or objects to immobilize them). Why – It’s difficult to pin down why physical abuse happens. As with physical abuse cases outside of nursing homes, the psychological and emotional state of the abuser plays a major role. They may be mentally ill, or hold some kind of grudge against someone in their own lives that they take out on the resident in their care. They may also be looking for ways to feel power or control over others to compensate for unresolved problems within themselves.
- Financial – Theft or misuse of the elder resident’s savings, retirement funds, SSI, property, and any other financial assets without their knowledge or understanding. Why – Whether it’s staff or fellow residents, financial abusers can find an elder person’s sensitive financial information for the simple reason of theft, or more complex schemes like identity fraud, taking medical and insurance benefits, and much more.
- Neglect – Failure to provide adequate food, clothing, shelter, medication, physical and/or emotional care. Why – In cases where the neglect is deliberate, the reasoning can be similar to the reasoning behind physical abuse in the point above. When neglect is not deliberate on the part of staff, it comes down to poor facility management and/or staff training.There are many nursing homes across the country where the staff to resident ratio is insufficient, not allowing for every resident to get the care they need. The individuals or companies who own the nursing home would be accountable for subsequent injuries, damages or deaths due to neglect.
- Emotional – Harassment, threats, verbal abuse/assaults, or using/withholding emotional support as a method of manipulation. Why – Similar to the reasons for physical and financial abuse, the abuser may be mentally unwell, or be out to control the elderly resident to abuse their power.
- Confinement – Isolating the elderly person for non-medical reasons. Why – A form of emotional and physical abuse, confinement impacts the elderly person mentally and physically. This is another form of control and coercion that can be committed by staff or even fellow residents, especially in settings where there are little consequences facing them should the abuse be discovered.
Women, LGBTQ+, veterans, mentally ill, and/or physically weak residents are most at risk for abuse. Learn to spot the issues and what to look for in a potentially abusive environment at the nursing home.
If your loved one is presenting unexplained bruising, weight loss, fear/anxiety, or if any of their patterns of care or medication have changed without explanation, these could be signs of abuse. Learn more here.
Call us for help.
No one should have to endure elder abuse in any setting, not just a nursing home. Those most vulnerable like our elderly population, should be treated with the utmost care and respect. if you need help in the New Orleans area, call the Gertler Accident and Injury Lawyers so we can help you and your family get justice for your loved one’s well-being. We are more than just a legal team – we are a member of the family, here to fight for you.