Nursing Home Abuse

What is "Nursing Home Abuse"?

Nursing Home Abuse any act, failure to act, or incitement to act done willfully, knowingly, or recklessly through words or physical action which causes or could cause mental or physical injury or death to a nursing home resident. This includes verbal, sexual, mental/psychological, or physical elder abuse, including corporal punishment, involuntary seclusion, or any other actions within this definition.

What does this really mean?

Keeping you away from othersso that you feel alone and more helpless (Involuntary seclusion) -- Separation of a resident from others or from his room against the resident's will or the will of the resident's legal representative. Temporary monitored separation from other residents will not be considered involuntary seclusion and may be permitted if used as a therapeutic intervention as determined by professional staff and consistent with the resident's plan of care.

Being mean to you so you feel depressed, embarrassed  or scared (Mental/psychological elder abuse) -- Mistreatment within the definition of "abuse" not resulting in physical harm, including, but not limited to, humiliation, harassment, threats of punishment, deprivation, or intimidation.

Hurting you (Physical elder abuse) -- Physical action within the definition of "abuse," including, but not limited to, hitting, slapping, pinching, and kicking. It also includes controlling behavior through corporal punishment.

Sexual elder abuse -- Any touching or exposure of the anus, breast, or any part of the genitals of a resident without the voluntary, informed consent of the resident and with the intent to arouse or gratify the sexual desire of any person and includes, but is not limited to, sexual harassment, sexual coercion, or sexual assault.

Verbal elder abuse -- The use of any oral, written, or gestured language that includes disparaging or derogatory terms to a resident or within the resident's hearing distance, regardless of the resident's age, ability to comprehend, or disability.

DON'T BE AFRAID TO MAKE A "FEDERAL CASE" ABOUT YOUR LOVED ONE'S ABUSE--THE GOVERNMENT THINKS ITS A FEDERAL CASE TOO!!!

The United States Government is so concerned about Nursing Home Abuse that it has enacted strict laws to protect nursing home citizens.

Under Federal Law every nursing home must:

• Have sufficient nursing staff. (42 CFR §483.30)
  
  
• Conduct initially a comprehensive and accurate assessment of each resident's functional capacity. (42 CFR §483.20)
  
  
• Develop a comprehensive care plan for each resident. (42 CFR §483.20)
  
  
• Prevent the deterioration of a resident's ability to bathe, dress, groom, transfer and ambulate, toilet, eat, and to communicate. (42 CFR §483.25)
  
  
• Provide, if a resident is unable to carry out activities of daily living, the necessary services to maintain good nutrition, grooming, and personal oral hygiene. (42 CFR §483.25)
  
  
• Ensure that residents receive proper treatment and assistive devices to maintain vision and hearing abilities. (42 CFR §483.25)
  
  
• Ensure that residents do not develop pressure sores and, if a resident has pressure sores, provide the necessary treatment and services to promote healing, prevent infection, and prevent new sores from developing. (42 CFR §483.25)
  
  
• Provide appropriate treatment and services to incontinent residents to restore as much normal bladder functioning as possible. (42 CFR §483.25)
  
  
• Ensure that the resident receives adequate supervision and assistive devices to prevent accidents. (42 CFR §483.25)
  
  
• Maintain acceptable parameters of nutritional status. (42 CFR §483.25)
  
  
• Provide each resident with sufficient fluid intake to maintain proper hydration and health. (42 CFR §483.25)
  
  
• Ensure that residents are free of any significant medication errors. (42 CFR §483.25)
  
  
• Promote each resident's quality of life. (42 CFR §483.15)
  
  
• Maintain dignity and respect of each resident. (42 CFR §483.15)
  
  
• Ensure that the resident has the right to choose activities, schedules, and health care. (42 CFR §483.40)
  
  
• Provide pharmaceutical services to meet the needs of each resident. (42 CFR §483.60)
  
  
• Be administered in a manner that enables it [the nursing home] to use its resources effectively and efficiently. (42 CFR §483.75)
  
  
• Maintain accurate, complete, and easily accessible clinical records on each resident . (42 CFR §483.75)

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Nursing Home Abuse