When you hear the term “nursing home abuse,” you may assume that the term abuse is referring to physical violence aimed at elderly and disabled nursing home residents. Sadly, physical abuse, psychological abuse, and sexual abuse of vulnerable nursing home residents is a major problem in Illinois and throughout the United States. One type of abuse you may not have heard as much about is financial abuse. Financial exploitation of elderly and disabled individuals in a nursing home not only results in economic losses, it can also cause a great deal of personal suffering for the victim and his or her family.

Examples of Financial Exploitation

Most nursing home residents have physical disabilities or cognitive disabilities like Alzheimer’s disease and dementia that make them dependent on nursing home staff. Many need a substantial amount of assistance with daily living tasks like toileting and eating as well as help with medication and other healthcare needs. Tragically, sometimes the individuals that residents trust the most to care for them are the ones who take advantage of their vulnerability. The American Association of Retired Persons (AARP) states that financial abuse is one of the most widespread forms of elder abuse. It is estimated that one out of every five elderly people has been a victim of elder financial exploitation. Some of the most common forms of elder financial abuse include:

• Stealing residents’ cash or property
• Tricking residents into signing financial or estate planning documents
• Coercing residents into turning over cash or personal checks
• Stealing a resident’s identity for financial gain
• Conning residents through the use of pyramid schemes and other scams
• Using threats or intimidation to force residents into financial transactions

Holding Negligent Nursing Homes Accountable

The Illinois Nursing Home Care Act, as well as federal legislation, protects nursing home residents from mistreatment and abuse. One of the rights protected by the Nursing Home Care Act is the right of residents to manage their own financial affairs. Even if a nursing home has the authorization to manage a resident’s money on his or her behalf, they must do so ethically and within the boundaries of the law. The act also gives residents the right to have access to their own personal property. If you believe that your loved one has been the victim of financial exploitation, do not hesitate to take action. Contact an experienced nursing home abuse and neglect lawyer to learn about your legal options for holding the nursing home facility accountable for its wrongful and negligent actions.

When a loved one suffers from a disabling injury or illness, he or she may need to move into a nursing home to get the round-the-clock care he or she needs. If you have ever placed a parent, grandparent, or other relative into a long-term care facility, you know just how difficult it can be. You may often worry about whether your loved one is getting the care and compassionate attention he or she deserves. While many nursing homes are full of dedicated, competent staff, other nursing homes miss the mark when it comes to resident care. One sign that a nursing home resident may be suffering from nursing home neglect or abuse is frequent fall accidents.

Nursing Home Fall Injuries

Children and young adults who slip and fall may walk away from the accident with only bruising and small scrapes. However, elderly and disabled individuals can be severely injured from even a minor fall accident. Nursing home residents who fall may suffer from broken bones, internal organ damage, traumatic brain injuries, and more. Falling may also cause mental injuries. A resident who has experienced a painful fall may understandably be afraid of falling again. He or she may be unwilling to participate in physical therapy or group activities at the nursing home or even refuse to get out of bed. Falling can dramatically decrease a resident’s quality of life in a number of different ways.

Preventing Nursing Home Falls

Nursing home staff have a legal obligation to prevent resident fall accidents to the best of their ability. The facility itself should be equipped with safety features like hallway handrails, grab bars, raised toilet seats, and bed rails. Environmental hazards like clutter on the floor, spilled liquids, and poor lighting should be immediately remedied. Residents should not be subjected to unnecessary sedation through the use of chemical restraints such as antipsychotic medication or benzodiazepines. Not only do chemical restraints significantly increase the risk of falling, unwarranted chemical restraint of nursing home residents is in violation of the Illinois Nursing Home Care Act and other laws. Residents should be closely monitored by staff at all times so that if a resident does fall, he or she will receive prompt medical attention. Frequent fall accidents and falls that are not reported by nursing home staff may be a sign that a resident is being neglected.

It is hard to believe that someone would ever intentionally harm a nursing home resident. Sadly, nursing home neglect and abuse happens in long-term care facilities across the country. Psychological abuse, mental abuse, and emotional abuse can be especially insidious forms of nursing home abuse. Because so many nursing home residents suffer from cognitive decline, they may be unable to report this mistreatment. Relatives of nursing home residents are often unaware of psychological abuse because it does not result in bruises or other noticeable injuries the way physical abuse typically does. However, there are several warning signs of nursing home mental abuse that you should be watchful for.

Be Vigilant for Changes in Personality and Behavior

If your loved one has dementia or Alzheimer’s disease, he or she may be unable to express or even remember the type of treatment he or she receives from nursing home staff. Because you cannot simply ask the resident about the quality of care he or she is receiving, you will have to look for changes in your loved one’s mood and behavior that could indicate that something is wrong. If the resident cowers, fidgets, or acts nervous when a certain staff member walks into the room, this could be an indication that the resident has suffered abuse at the hands of that staff member. Other signs of mental abuse include:

• Loss of interest or enthusiasm in things that the resident used to enjoy
• Unusual behavior such as thumb sucking or rocking back and forth
• Avoidance of eye contact
• Increased agitation and irritability
• Refusal of food and water

Speak to Staff About Your Concerns

If you have noticed changes in your loved one’s behavior or mood, speak to staff about your concerns. Staff should be fully willing to discuss these concerns with you. Staff who are offended or annoyed by questions about a resident’s health may have something to hide. Contradictory statements about a resident’s health or behavior may also be signs of neglect or abuse. If nursing home staff refuse to let you be alone with your loved one, this is a major red flag.

Nursing home abuse and neglect is disturbingly common. Sadly, nursing home residents across the country are subjected to cruel treatment and denied necessary care. Sometimes, nursing home neglect or abuse is so severe that it even results in the death of a resident.

If you have a loved one in a nursing home, you may spend hours and hours wondering about the quality of care he or she is receiving in the facility. You may worry that substandard care or intentional mistreatment will cause your loved one to needlessly suffer. These concerns may be exacerbated by your loved one’s inability to communicate with you about the type of care he or she is receiving. In response to these worries, some people choose to install a camera in their loved one’s room at the nursing home.   

Why Do People Install Cameras in Nursing Homes?

It is hard to know for sure how many innocent nursing home residents are subjected to mistreatment in the United States. Across the country, it is widely recognized that many nursing home facilities are exceedingly understaffed. Because of this, many residents do not receive the medical attention and personal help they need to be safe. Even worse, some nursing home staff intentionally subject residents to physical, psychological, or sexual abuse.

An endotracheal tube or breathing tube is a medical device used when a resident cannot breathe on his or her own. A breathing tube may be necessary when a resident is suffering from respiratory failure caused by chronic obstructive pulmonary disease (COPD), pneumonia, or another condition. An endotracheal tube may also be used when a resident has suffered a major brain injury.

Intubation can be a life-saving procedure. Unfortunately, breathing tube mistakes can result in unnecessary suffering or even death. If your loved one was injured or killed by a breathing tube mistake while living in a nursing home, you may have a valid nursing home injury claim.

Common Breathing Tube Errors

A breathing tube is a plastic tube used during artificial respiration to allow the exchange of oxygen and carbon dioxide. It is connected to a ventilator or a breathing bag and inserted into the resident’s trachea. The three main types of tracheal tubes used the help nursing home residents breath include endotracheal tubes, tracheostomy tubes, and tracheal buttons. Several different breathing tube complications may occur including:

When an elderly or disabled person cannot safely live on his or her own, but his or her medical concerns are not substantial enough to necessitate nursing home care, an assisted living facility is often the right choice. Assisted living homes may have a health clinic and nursing staff, but helping residents with daily living tasks such as cleaning and cooking is typically the main focus. Residents in an assisted living facility often have a greater level of independence than those in a nursing home, but people in assisted living facilities may still suffer from mistreatment.

Types of Abuse Experienced by Residents in Assisted Living Homes

Although assisted living residents have some degree of self-sufficiency, they can still be victims of neglect and abuse. Neglect may involve negligent medication errors and skipped medication doses, inadequate assistance with daily living tasks, failure to provide residents with basic necessities, allowing unsanitary or unsafe conditions to exist in the facility, and more.

Assisted living abuse may involve several different types of abuse including:

Cognitive ailments like Alzheimer’s disease and dementia are extremely common in older adults. These diseases may start out with subtle symptoms and then progress into devastatingly severe symptoms. A person with advanced dementia may not even seem like the same person anymore. For families of elders with cognitive illnesses, watching their loved ones suffer can be almost unbearable. Many families eventually decide to place their loved one in a nursing home or other long-term care facility so that he or she can receive the medical care and attention he or she needs. Sadly, some nursing home residents with cognitive diseases become victims of nursing home neglect or abuse.

Red Flags of Nursing home Abuse and Neglect

A nursing home resident suffering from a brain disease may be unable to articulate his or her feelings, thoughts, and needs. This is why it is crucial for families to be vigilant for signs that their loved one is being mistreated. Look for physical signs of trauma such as scratches, bruises, bed sores, burns, dislocations, and other injuries. Also be watchful for signs that a resident is being physically or chemically restrained. Federal laws as well as the Illinois Nursing Home Care Act prohibit nursing home staff from unreasonably restraining a resident. Restraints that restrict a resident’s movement or medications that sedate a resident must only be used when absolutely necessary. Furthermore, the use of restraints must be ordered by a physician who documents the reasons for using the restraints.

Talk to Staff About Your Concerns

If you go to visit your loved one, and he or she has a new bruise or other injury, nursing home staff should be able to tell you what happened. If your loved one is being supervised as closely as he or she should, staff should be aware of any injuries or illnesses he or she is suffering from. In some cases, residents with dementia may become afraid and confused. They may think that nursing home staff are “out to get them” or otherwise have unfounded anger or fear toward nursing home staff. Residents may tell their loved ones that they are not receiving food or medication because they simply cannot remember the last time they took their medication or ate a meal. Even though dementia sufferers can often be mistaken, you should still take their fears and concerns seriously. If staff quickly dismiss your concerns or seem hesitant to discuss your loved one’s care, this could be a warning sign that your loved one is receiving substandard care.

If you are like most people with a loved one living in a nursing home, you think about your loved one often. You may worry about whether or not your loved one is safe and well cared for or whether he or she is comfortable living in the facility. One major concern for elderly individuals is the risk of serious injuries, including fractures and broken bones. A young, healthy person may sustain a broken bone and suffer no long-lasting negative health consequences as a result. However, because many residents’ bodies are weakened by age or illness, a broken bone can be life-altering or even life-threatening. If your loved one has suffered a broken bone while living in a nursing home, there are several things you should keep in mind.

Causes of Fractures and Broken Bones in a Nursing Home

Elderly individuals often suffer from conditions such as osteoporosis that make their bones more susceptible to breaking. This is one reason that it is so important for nursing home facilities to do everything in their power to prevent break injuries.

A fracture or broken bone could be caused by a number of unacceptable scenarios, including but not limited to:

Research shows that nursing home abuse and is startlingly common across the United States. It is hard to believe that anyone would be intentionally cruel to an elderly or disabled person—let alone someone the individual has been assigned to care for—but it does happen. Sadly, many instances of abuse go unreported because residents are not physically or cognitively capable of reporting the mistreatment. If your loved one is living in a long-term care facility, you may worry about whether he or she is being treated with the care and respect he or she deserves. There are several warning signs that families should be on the lookout for that could indicate that their loved one is being harmed in a nursing home.

Red Flags of Physical Abuse and Sexual Abuse

Although many studies have been conducted to better understand nursing home abuse, the true extent of the problem is still unknown. In one survey, 44 percent of nursing home residents reported being abused at a facility, and 38 percent reported witnessing other residents being abused. Physical abuse includes kicking, hitting, punching, slapping, and other acts of physical violence. Sexual abuse includes unwanted sexual contact, sexual assault, and indecent exposure.

Some warning signs that a nursing home resident is being physically or sexually abused include:

Human beings are naturally curious creatures and this curiosity does not end just because a person requires care in a nursing home. One of the most serious issues in U.S. nursing homes is resident wandering and elopement. Residents sometimes wander through the nursing home facility simply because they are curious or bored. They may also wander or attempt to leave the facility because they are suffering from dementia or another cognitive illness that makes them confused.

Sadly, some nursing home residents wander into dangerous areas and are injured or killed as a result. It is up to nursing home staff to closely monitor nursing home residents and prevent wandering and elopement.

Residents Suffering From Cognitive Disease May Attempt to “Escape” the Nursing Home

If a resident is suffering from dementia, Alzheimer’s disease, or another cognitive problem, he or she may become disorientated and afraid. This confusion may cause the resident to believe that he or she needs to leave the nursing home facility. Nursing home staff should supervise residents with cognitive problems especially carefully so that they do not end up in an unsafe situation. Tragically, residents have died after walking out of nursing home facilities and being exposed to the elements. In one fairly recent case, a 76-year-old nursing home resident passed away after she managed to leave her nursing home unnoticed. Temperatures were below freezing and the woman sadly passed away from hypothermia before she was discovered. A resident who leaves the safety of a nursing home may be at risk of hypothermia, heat stroke, dehydration, slip and fall injuries, and more. This is why it is essential for nursing home staff to monitor the whereabouts of residents at all times.  

The around-the-clock care offered by nursing homes and other long-term care facilities can be a literal lifeline for an elderly or disabled individual. Many nursing homes also provide medical care and services for people who are recovering from surgery or were otherwise hospitalized.

In some situations, a resident may be unable to breathe on his or her own. A breathing tube may be used in order to allow oxygen to flow directly to the resident’s lungs. Breathing tubes are often life-saving devices, but if one is used incorrectly, it can lead to a resident’s death.

Breathing Tube Injuries

In many cases, a breathing tube injury is the result of the breathing tube becoming clogged. If the tube is filled with saliva, phlegm, food, or another substance, the resident will not be able to breathe. Brain damage and eventually death can result from the lack of oxygen.

When a family decides to place their loved one in the care of a nursing home, they assume that the staff will take every measure to protect and care for their loved one. Tragically, this is not always the cause. Sometimes, nursing homes are either negligent to their residents’ needs or they treat them cruelly.

Examples of Nursing Home Neglect

There have been countless instances of physical abuse, mental abuse, or sexual abuse against residents living in nursing homes. Nursing home residents have rights just like anyone else, and they deserve to be treated with respect and dignity. Because residents are often unable to fight for their own rights, they rely on concerned family members to do so on their behalf.

In addition to intentional mistreatment and abuse, nursing home neglect is also a serious problem which can lead to:

The statistics regarding nursing home abuse and neglect are extremely disheartening. In one study, nearly 25 percent of nursing home residents reported that they had suffered one or more incidents of physical abuse at the hands of nursing home staff. In addition to physical abuse, residents may be mocked, internationally frightened, and otherwise emotionally abused. Financial abuse, also called elder financial exploitation, is also a problem in many nursing homes. Even if nursing home staff do not intentionally harm residents, understaffed facilities and lack of appropriate staff training can lead residents to be dangerously neglected.

If you have a loved one in a nursing home, you may be especially concerned about their safety during this tumultuous time. Fortunately, there are some steps you can take to minimize your loved one’s changes of experiencing nursing home neglect or abuse.

Research Nursing Home Facilities Thoroughly

Oftentimes, a nursing home facility will look perfect on the outside but is actually quite inadequate on the inside. If you are considering placing a loved one in a nursing home, make sure to thoroughly research your options. Simply reading a brochure will not tell you everything you need to know about the facility. The Department of Veterans Affairs and Medicare issue ratings on the quality of nursing homes, but even these ratings may be skewed. The best way to find out about a nursing home facility is to visit the facility and talk to staff. If possible, it may also be a good idea to speak with other families with loved ones staying in the nursing home.

Most of us do not enjoy thinking about a time when we will be unable to care for ourselves or live alone. However, aging is a part of life. Many people will need round-the-clock care as they get older and some of those people will find themselves in a nursing home. In fact, a recent study suggests that more than half of Americans will stay in a nursing home at some point in their lives.

A team of researchers at the RAND Center for the Study of Aging looked at data collected over 18 years in the Health and Retirement Study—a projected funded by the U.S. Social Security Administration and the National Institute on Aging. The team found that, for the first time, more than 50 percent of seniors will need care from a nursing home or assisted-living facility at least once during their lifetime. The study pointed out that most nursing home stays are likely to be short and financially manageable. Only about 5 percent of adults are expected to spend 1500 days or more in a nursing facility.

The findings suggest a much higher percentage of people needing nursing home care than previously estimated. The U.S. Department of Health and Human Services found that 35 percent of Americans will need nursing home care in their lives. Regardless of which number ultimately proves to be true, the reality is that millions of Americans will spend time in a nursing home, potentially putting them at risk for abuse and mistreatment.

The majority of nursing home residents have physical and mental disabilities that affect their ability to live independently. Residents may be living in the facility primarily because they need help using the bathroom, showering, eating, and completing other daily living tasks. Nursing home staff members have a responsibility to evaluate the degree of assistance residents need to complete these tasks and to adequately provide the level of care needed. Because many residents have health conditions that affect their ability to eat, nursing home staff should be especially aware of choking risks. When nursing home staff do not take the steps necessary to prevent residents from choking, the facility could be held legally responsible for residents who are injured or killed in choking accidents.

Staff Have a Legal Duty to Monitor Residents

One of the biggest responsibilities nursing home staff have is to supervise residents so that they do not put themselves in dangerous situations. What constitutes a dangerous situation may vary depending on the resident’s individual needs. For example, a resident with advanced dementia may need to be more closely monitored than a resident who does not have significant cognitive impairment.

When a new resident is admitted to a nursing home, he or she undergoes assessments in order to determine the type and extent of care he or she needs. If a resident has health problems such as dysphagia that put him or her at a higher risk of choking, staff should take steps to mitigate this risk as much as possible. This may include monitoring the resident during meals, modifying the patient’s diet so that it only includes easy-to-swallow food, or other precautions. Nursing home staff should also periodically re-assess residents in order to determine if the residents need additional care and attention.

Most nursing home residents live in a care facility because they have mental and physical health problems that significantly decrease their ability to care for themselves. Residents may need assistance with daily living tasks such as bathing, eating, and using the restroom, as well as help managing their medical conditions. Nursing home staff are expected to monitor residents’ health for signs of new or worsening medical conditions. Unfortunately, many nursing homes are dangerously understaffed and residents may not be as monitored as closely as they should be. One major concern for elderly and ill nursing home residents is a condition called sepsis.  

What Is Sepsis?

When a bacterium, virus, or other disease-causing pathogen enters an individual’s body, the body’s immune system immediately starts to attack the pathogen. The healthier a person’s immune system is, the more likely it is to fight off the pathogen before it can start spreading. However, when pathogens multiply faster than the immune system can fight them, an infection can develop. Some of the most common infections that nursing home residents suffer from include skin infections caused by wounds or bedsores, diabetic wound infections, vascular ulcers, respiratory infections, and urinary tract infections.

When the immune system targets these infections, it releases certain chemicals into the bloodstream. These chemicals can sometimes cause tissues and organs to become severely inflamed. This condition is called sepsis. If sepsis is not treated properly and promptly, it can lead to death.

When most people consider nursing home neglect and abuse, they think of abuse and mistreatment at the hands of nursing home staff. However, this is not the only way that nursing home residents can be subject to verbal and physical harm. Sometimes, a nursing home resident can suffer severe maltreatment at the hands of another resident. Nursing home staff have a responsibility to supervise residents – especially residents who have a history of violent behavior. When a nursing home resident injures another resident, it is possible that the nursing home facility will be liable for the injuries.

Keeping Residents Safe From Other Residents

Alzheimer’s Disease, dementia, and other neurological conditions are common in nursing home residents. These diseases can make a resident confused and frightened. A resident who is typically a kind, nonviolent person may lash out at another resident in his or her confusion. Nursing home staff should carefully monitor residents and take every step possible to avoid resident confrontations. When nursing home staff fail to uphold their duty to properly supervise residents and a resident is harmed as a result, the staff or facility may be legally responsible for the damages caused.  The injured resident may be entitled to financial compensation for medical expenses incurred by the attack as well as compensation for physical pain and mental suffering.

Nursing Home Resident’s Death Ruled Homicide

Just recently, a 45-year-old man living in an Ohio nursing home died due to the shocking actions of another resident. The coroner has reported that the man’s death was caused by asphyxiation by smothering or strangulation. Another resident has been arrested on a preliminary murder charge for the man’s death.

Nursing home residents have a number of rights that are afforded to them by the Illinois Nursing Home Care Act, as well as other state and federal legislation. Nursing home staff members have both an ethical and a legal responsibility to treat nursing home residents with respect and to provide satisfactory medical care. Another provision contained in the Illinois Nursing Home Care Act is that nursing home residents should be free from “unreasonable restraint.” This includes both physical restraints and chemical restraints. If your loved one has been restrained through the use of unnecessary medication, he or she may be a victim of nursing home abuse or neglect.

When Can Restraints Be Used on a Nursing Home Resident?

Individuals living in a nursing home deserve to have as high a quality of life as possible. Their movements should never be restricted unless it is absolutely necessary. Both physical restraints like limb ties and chemical restraints like sedating medication should only be used if needed to protect the immediate safety of the resident. According to the law, nursing home residents should only be given medication such as antipsychotics and benzodiazepines if a medical condition necessitates it and the medication is prescribed by a physician. Unfortunately, many nursing homes administer sedating medications to residents who do not even have the condition the medication treats. They often do this in order to keep the residents docile and less likely to wander around.

Dangers of Giving Residents Unneeded Medication

Not only is it cruel to give nursing home residents sedating medication they do not need but it also puts the residents’ lives at risk. Antipsychotic medications are designed to treat mental conditions like schizophrenia but they also have a strong sedative effect. Nursing home staff frequently administer antipsychotic medications to residents to keep them sedated. Alarmingly, antipsychotic medications carry a “black box warning” which is the most serious type of warning issued by the U.S. Food and Drug Administration (FDA). The warning specifically cautions against administering antipsychotic medicine to elderly patients or those with dementia or Alzheimer’s disease. The drugs have been associated with an increased of risk among these groups.

For a young, healthy person, falling down may only leave him or her with minor bruises. However, the older we get, the more serious falling is to our health. Nursing home residents are typically elderly or have disabilities that make them especially susceptible to injures during a fall. A fall that would only cause moderate pain in a 20-year-old could easily break the bones of an 80-year-old. When a nursing home resident experiences a preventable fall injury, it may be the nursing home staff who are to blame.

Falling Is a Major Concern in Nursing Homes

According to the Centers for Disease Control and Prevention (CDC), an estimated 1,800 residents lose their lives due to complications from nursing home falls each year. Falling can result in lacerations, broken bones, internal organ damage, traumatic brain injuries, and more. Even if a nursing home resident survives a bad fall, he or she can be left with terrible pain that significantly reduces his or her quality of life. Due to the frailty of nursing home residents, nursing home staff have an obligation to do everything possible to prevent fall injuries. Sadly, some nursing home workers do not take this obligation as seriously as they should.  

Determining Fault in a Nursing Home Fall Accident

Understandably, nursing homes cannot prevent every injury that occurs in a nursing home. However, the staff, owners, and managers of nursing home facilities do have a responsibility to reduce problems that can lead to residents falling. Objects that present a tripping hazard should not be left in hallways or residents’ rooms. Loose rugs should be taped down. Broken floorboards or other maintenance issues should be fixed swiftly and residents should not be allowed near the hazard until it is thoroughly resolved. If a liquid is spilled on the floor, it should be cleaned up immediately. Furthermore, safety aids like handrails, nonslip mats, and bathroom handles should be used throughout the facility.

Nursing home residents are often very frail and vulnerable. They may have severe physical handicaps or cognitive issues like dementia that leave them unable to care for themselves. These residents rely on nursing home staff for medical care as well as help them with daily living tasks like eating and showering.

You probably already know that nursing home workers have an ethical obligation to adequately fulfil their work duties and treat residents with compassion and respect. However, you may not realize that they also have a legal obligation to provide nursing home residents with quality care. There are several pieces of federal and state legislation that prohibit mistreatment of nursing home residents. One of the most important pieces of nursing home legislation in Illinois is the state’s Nursing Home Care Act.

Rights Afforded to Residents in the Illinois Nursing Home Care Act

The Nursing Home Care Act was adopted in Illinois after many people became concerned about the substandard level of care some nursing home residents were receiving. There were also reports of residents being severely mistreated and even abused. One of the most important components of Nursing Home Care Act is the residents’ “bill of rights.” These rights include: