Nursing home abuse and neglect are two different things – but can occur in the same place. So what is the difference between the two? We will address this question in this guide.
The topics will include the types of nursing home abuse that exist along with their corresponding signs. We’ll also discuss what is considered nursing home neglect as well. It is important that your senior loved one is always taken care of and always safe – especially in an environment where they need around the clock care from medical professionals and other staff.
Read this guide carefully because it will help you know the difference between abuse and neglect. You will also be informed of what actions you will need to take once such incidents have been confirmed. Let’s waste no more time and continue on.
Nursing home abuse
Nursing home abuse will consist of four different types that we’ll cover including physical, emotional/psychological, sexual, and financial abuse. Here’s a breakdown of each type along with examples of signs and the legal implications it may carry for the abuser(s):
Physical abuse
This will pertain to abuse that is done physically, typically through acts of violence. Signs of this type of abuse include but are not limited to any unexplained injuries such as cuts, bruises, and fractures. Because it may be hard to confirm after an initial observation, it may take an additional incident to notice a pattern.
As for the legal implications, criminal penalties will apply to the abusers. At the same time, you may also pursue a civil suit in an effort to make sure the nursing home pays for any medical expenses that are tied to the injuries sustained by the incident.
Emotional/psychological abuse
This type of abuse will not display any type of physical signs. Emotional and physical abuse will consist of those being yelled at, insulted, or even harassed by the staff. For example, your senior loved one may forget to take their medication or have trouble remembering something, only to be verbally abused by a staff member.
This type of abuse can have an impact on all residents, even if they are not on the receiving end of it (please consult your attorney when possible). It may still constitute grounds as a civil suit given the pain and suffering a nursing home resident has experienced.
Sexual abuse
This can have signs that may be physical. Such signs include signs of sexual contact that are non-consensual. If a member of the nursing home staff has presented sexually explicit material against the consent of the resident, this may be considered sexual abuse as well.
The signs and symptoms may include any physical signs of damage. However, a senior resident may be actively avoiding staff members (and certain people in particular).
Non-physical sexual abuse may have legal implications as well, which an elder abuse attorney will discuss with you if you’re pursuing a lawsuit.
Nursing home neglect
Neglect is just as bad as abuse. It’s important to know what type exists and how it happens. We will also discuss the signs to look out for to confirm it. Here are the types of neglect that you need to be aware of:
Physical neglect
The common signs of physical neglect include but are not limited to a senior resident’s living conditions appearing uninhabitable and unsanitary. They may also appear unkempt wearing dirty, even soiled clothes. A lack of basic hygiene is also an obvious sign of neglect – especially if the resident is unable to bathe themselves.
If the resident is immoble and requires regular movement, bedsores may be present if the staff fails to move them accordingly – another sign of physical neglect. This can lead to serious health issues that could require medical attention.
Finally, any signs of malnutrition and dehydration will point to physical neglect. This is obviously due to the withholding of food and water.
Emotional neglect
Emotional neglect will pertain to a senior resident being isolated from the others against their own will. This may include not being able to socialize with others including their own family. If you have a senior loved one that often wants to be by themselves, that’s one thing because it’s their own choice.
However, if it’s unusual for your senior loved one to be isolated from other people, this can be a sign of emotional neglect. Some staff members may even go to farther lengths to ensure that they may not even come in contact with you – such as making excuses about your senior loved one being too sick for a visit.
Medical neglect
This consists of instances where a senior resident is withheld any regular medication treatment or even medical care for any injuries or illnesses. One of the more obvious signs of this type of neglect are injuries that may have difficulty healing or an inability to get over what seems like an easily curable illness. Your senior loved one may even experience certain symptoms or signs related to the condition they may need regular medication for (assuming they are missing doses).
It may constitute a physician making false or inadvertent diagnoses. Either way, medical neglect can have serious consequences that could result in the serious injury, illness, or death of your senior loved one. Likewise, the nursing home will also face serious legal consequences including any medical personnel that has tended to your senior loved one at the time.
What is the difference between neglect and abuse?
Since the two are different from one another, what are the key things to confirm whether it’s abuse or neglect. Let’s take a look at the following aspects:
- Intent and action: Abuse is meant to be intentional in terms of planning and acting accordingly. Neglect can be unintentional most of the time. But there may be intent to neglect a senior resident by withholding certain items and services that satisfy their basic needs.
- The legal consequences: In terms of civil lawsuits, abuse and neglect have equal consequences that can lead to nursing homes paying a considerable sum in damages to the plaintiffs.
- Impact on the victims: Abuse and neglect are the same when it comes to impact on the victims. It can be a physically, emotionally, and mentally taxing experience for them. And whether you know it or not, both carry long-term effects that will last a long time for both your senior loved one and yourself.
What to do if abuse or neglect is confirmed?
If nursing home abuse or neglect is confirmed, you should waste no time at this point. You will need to consult with a lawyer – particularly one who has worked on elder abuse cases.
Time is of the essence and it’s a race against the clock. Especially since there are statute of limitations that exist depending on your jurisdiction. The sooner you take legal action, the better.
Conclusion
Nursing home abuse and neglect are two different things. But consider the fact that it will still carry a heavy physical and mental burden on your senior loved one. It will also carry a burden on you and the rest of your family as well.
Please take the necessary actions as soon as possible if you suspect any nursing home abuse or neglect on your senior loved one. The last thing they need is to remain in an environment that is unsafe. You must protect them at all costs and make sure they are in a safe place away from such atrocities. Call our team to discuss your legal options.
