Nursing Home Litigation

Abuse Prevention

The reality of elderly abuse and neglect in nursing homes is alarming, but there are steps you can take to help prevent abuse.

Preventing Elderly Abuse and Neglect on a Personal Level

If someone you love requires nursing home care, it's a good idea to do your homework before placing them in a facility. Most states provide information about nursing homes, and a number of guides are available to assist you in choosing a home, including the following:

• National Citizens' Coalition for Nursing Home Reform
• Medicare's Nursing Home Checklist

Keep in mind that outward appearances may be deceiving. To compensate for low Medicaid payments received for the care of most elderly patients, a nursing home may spend a great deal to market its services to higher-revenue Medicare and private-pay patients. Glossy brochures and meticulously manicured gardens with marble statues do nothing to advance patient care. If the odor in patient care areas is noxious or there are other signs of neglect, it may indicate that a facility is more concerned with attracting new patients than caring for its current elderly residents.

After you select a nursing home, make sure the elderly patient knows his or her rights, how they are enforced, and when they are being abused. Many patients believe they give up their rights when they enter a nursing home, but this is simply not true. The facility should give you a list of Patient Rights and assist you in getting help if you need it.

Monitoring your loved one in the nursing home can help prevent abuse and neglect. You will be an informed witness to changes in the patient's condition, and your attentiveness will be noted by staff.

Some tips for preventing nursing home abuse:

• Visit frequently, and at different times on different days - avoid having a predictable visiting schedule.
• Don't be afraid to ask questions about the elderly patient's care.
• Check for possible signs of elderly abuse or neglect, such as bedsores, unexplained bruises, and sensitivity to pain.
• Note the cleanliness of the elderly residents and the facility.
• Check for weight loss and/or dehydration which may indicate neglect.
• Keep a journal to record your observations after visits.
• Take your camera. On each visit, have your photo taken with your loved one and date it.
• Report any suspected abuse promptly. In 2002, the Government Accounting Office (GAO) reported that 50% of incidents were reported two or more days after caregivers became aware of the abuse, making gathering evidence and prosecuting cases difficult at best.

Preventing Elderly Abuse and Neglect on a Community Level

Join a patient advocacy group and urge your state and federal representatives to promote nursing home reform and help prevent elderly abuse. Support legislation that:

• Assures coordination among law enforcement, regulatory, and adult protection agencies and nursing home advocacy groups.
• Supports education and training for caregivers in managing difficult care situations, problem solving, cultural diversity, conflict resolution, stress reduction, dementia, and witnessing and reporting elderly abuse.
• Improves work conditions through adequate nursing home staffing and the payment of reasonable wages.
• Promotes safe nursing home environments conducive to good care.
• Assures strict enforcement of mandatory reporting.
• Assures that nursing home hiring practices include screening of prospective employees for criminal backgrounds, history of substance abuse and domestic violence, reactions to abusive residents, work ethics, and ability to manage anger and stress.