There are many types of nursing home neglect and abuse. No action can be specifically said to constitute abuse and it can often be difficult to ascertain if neglect and abuse have taken place. It is estimated that nearly 1.5 million elders live in nursing homes in the United States. Statistics indicate that about 2 to 10 percent of these are frequently abused. But only 1 in 14 cases of abuses is brought to the attention of the authorities.
Types of Abuse
Domestic elder abuse, institutional elder abuse, and self-neglect are the three broad categories of elder abuse. The abuser in the first category could be the persons caregiver such as immediate family member, or a friend and the neglect would occur at home or in the caregivers home. Institutional abuse would be at a nursing home or facility where the elderly live and the abuser may be a staff member or any of the professionals there. You may look at that word professional and scoff but most nursing home employees love to help people but there are some people that work in this industry for nefarious reasons.
Both Genders
Just a single sign or injury cannot indicate nursing home neglect. Bruises, injuries, burn marks, bedsores, and signs of injury around the genitals, can be physical signs of abuse. Sudden loss of weight or signs of malnutrition is yet another common sign with about 80 percent of nursing home residents expected to be affected in this manner at some point in time. Emotional changes such as depression, aloofness, and tension around certain people can be due to abuse.
If someone is being exploited, there may be an abrupt change in that persons financial situation. Elderly people who are socially isolated or suffering from some type of mental illness such as dementia or Alzheimers have been found to be more vulnerable to nursing home neglect and abuse. The abusers can be of either gender and do not fit any particular profile.
Legal Recourse
Every state in the United States considers such physical, sexual, and emotional nursing home neglect and abuse a crime. The state laws may vary in there requirements about who must report the crime. Medical professionals, nursing home staff, social workers, and clergy are cited as the reporters. But this is being changed to include more people who may be likely to notice and report the matter. If nursing home neglect or abuse is suspected, consulting a qualified attorney is the first step.
The lawyer will then initiate the process of speaking to medical professionals and seek nursing home records as well as medical records of the elderly person. If probable cause is found, the lawyer will prepare to draft a legal notice to the person or organization responsible. It is important to remember that such cases, which go to trial, can take a long time to be satisfactorily resolved. At times, a settlement is arrived at between the two sides before the case goes to trial.
In the state of Maryland, the nursing home neglect statute of limitations is set at three years with discovery. In the case of medical malpractice, this statue is at five years from the date the act was committed or three years from the time the injury was discovered. The personal injury non-economic damages cap is between $350,000 to $500,000 depending on when the incident occurred and when action was taken.
Who to Notify
Maryland law also stipulates that complaints of abuse be investigated by the administration within 30 days. If abuse is suspected or discovered, the police should be contacted first. There is also a nursing home ombudsman who can be contacted if someone needs to file such a complaint. The nursing home administrator must be apprised of the situation and then he or she will take steps to conduct an in-house investigation and any other things that can be done to prevent these possible horrendous and devious incidents.
Types of Abuse
Domestic elder abuse, institutional elder abuse, and self-neglect are the three broad categories of elder abuse. The abuser in the first category could be the persons caregiver such as immediate family member, or a friend and the neglect would occur at home or in the caregivers home. Institutional abuse would be at a nursing home or facility where the elderly live and the abuser may be a staff member or any of the professionals there. You may look at that word professional and scoff but most nursing home employees love to help people but there are some people that work in this industry for nefarious reasons.
Both Genders
Just a single sign or injury cannot indicate nursing home neglect. Bruises, injuries, burn marks, bedsores, and signs of injury around the genitals, can be physical signs of abuse. Sudden loss of weight or signs of malnutrition is yet another common sign with about 80 percent of nursing home residents expected to be affected in this manner at some point in time. Emotional changes such as depression, aloofness, and tension around certain people can be due to abuse.
If someone is being exploited, there may be an abrupt change in that persons financial situation. Elderly people who are socially isolated or suffering from some type of mental illness such as dementia or Alzheimers have been found to be more vulnerable to nursing home neglect and abuse. The abusers can be of either gender and do not fit any particular profile.
Legal Recourse
Every state in the United States considers such physical, sexual, and emotional nursing home neglect and abuse a crime. The state laws may vary in there requirements about who must report the crime. Medical professionals, nursing home staff, social workers, and clergy are cited as the reporters. But this is being changed to include more people who may be likely to notice and report the matter. If nursing home neglect or abuse is suspected, consulting a qualified attorney is the first step.
The lawyer will then initiate the process of speaking to medical professionals and seek nursing home records as well as medical records of the elderly person. If probable cause is found, the lawyer will prepare to draft a legal notice to the person or organization responsible. It is important to remember that such cases, which go to trial, can take a long time to be satisfactorily resolved. At times, a settlement is arrived at between the two sides before the case goes to trial.
In the state of Maryland, the nursing home neglect statute of limitations is set at three years with discovery. In the case of medical malpractice, this statue is at five years from the date the act was committed or three years from the time the injury was discovered. The personal injury non-economic damages cap is between $350,000 to $500,000 depending on when the incident occurred and when action was taken.
Who to Notify
Maryland law also stipulates that complaints of abuse be investigated by the administration within 30 days. If abuse is suspected or discovered, the police should be contacted first. There is also a nursing home ombudsman who can be contacted if someone needs to file such a complaint. The nursing home administrator must be apprised of the situation and then he or she will take steps to conduct an in-house investigation and any other things that can be done to prevent these possible horrendous and devious incidents.