Friday, November 8, 2013

Physical Abuse in Nursing Homes and Your Legal Rights


Sometimes we have to put our faith in others. In a nursing home environment, we take a big leap of faith that nurses and practitioners have the best interest of our loved ones in mind. Many times that's exactly what happens - conscientious care and attentiveness. But too often there are reports of physical abuse against the elderly. It's our job to pay attention to the signs and know our legal rights in this situation.

Types of Physical Abuse

Physical abuse comes in a wide variety. Although we general think of punching and kick, physical abuse actually encompasses all kinds of mishandling of the elderly. Here are some examples to keep in mind:

1. Cuts, scratches, and abrasions. These can occur from being hit with sharp objects or having things thrown at them.

2. Broken bones. Many times broken bones occur from falls, but its important to determine if the fall was accidental or caused.

3. Bruising and black eyes. Often physical strikes will manifest themselves as bruising. Furthermore, excessively tight gripping for come-along situations can show in the form of bruises.

4. Internal bleeding. Much harder to detect than the external injuries, internal bleeding can be caused much more easily in the elderly than in average individuals. Pay close attention to internal complaints by your loved ones.

5. Sexual injury. It's unpleasant to think about but sexual injuries can occur from caretakers taking advantage of helpless patients. Your loved one will likely be hesitant to discuss such an issue, so pay attention for unusual behavior or small hints at abuse.

6. Unnecessary restraint. It may not be as obvious as a broken bone, but excessive restraining can be seen as physical abuse. There is an important difference between restraining a patient for his/her own safety and restraining them for convenience.

7. Food and drink deprivation. It's understood that nursing homes get busy, but that is no excuse for extended food or drink deprivation. Watch for signs of malnourishment.

Why Physical Abuse Happens

There are a few reasons nursing home abuse can occur. The first is frustration. It can be extremely difficult handling ornery and resistant older patients. Frustration can easily set in for nurses and practitioners, resulting in a decision to resort to violence or abuse. The second reason is dominance. In order to achieve compliance and obedience, nursing home workers could use sheer physical superiority. Furthermore, there can be a subtle, psychological thrill at dominating or bullying others. The third reason is sexual gratification. Forced compliance can allow workers to take sexual advantage of patients. Of course every situation is unique and it's important to pay attention to small details that give you hints at the possibility and causes of physical abuse.

Your Legal Rights

Sometimes if families believe their loved one is being abused they will simply move that person to a different nursing home. This may stop the short term damage, but it doesn't provide any legal or financial recourse for the abuse. Furthermore, future families are likely to fall into the same situation. For the livelihood of your family and the safety of future patients, it is important that you figure out what you can do to get legal satisfaction for the wrongs done to your loved one.

If you suspect there is physical abuse happening, do your best to document the time of complaints, details of complaints, and potentially pictures of the physical damage done. From there, get in touch with a qualified elder-abuse attorney in your area who knows how to handle the ins and outs of the industry.

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