All nursing home residents have a reasonable expectation of safety and security within the facility. However, elder abuse is becoming more common in nursing homes.
According to the National Institutes of Health, 38% of residents reported experiencing abuse, and 44% have experienced others being mistreated.[1] While that behavior may be predominantly staff-to-resident abuse, resident-to-resident abuse is also on the rise.
If you or your loved ones have experienced resident-to-resident abuse in nursing homes, you are not alone. This behavior is unacceptable, and you have rights under nursing home law.
Different types of abuse can occur in nursing homes. Common forms are discussed below to help you understand if you or your loved one has been the victim of nursing home abuse.
One of the most common types of abuse in nursing homes is physical abuse. Residents can be the victim of physical abuse and acts of violence. It can include:
Any forceful physical contact between residents is a form of physical abuse, even if it does not leave a bruise or mark.
Emotional abuse can be just as damaging for nursing facility residents as physical abuse. The abuse can take various forms.
Emotional abuse can lead to mental health issues, including the deterioration of a nursing home resident’s quality of life.
Cases of sexually transmitted diseases are on the rise in nursing homes.[2] While not all of these cases are due to sexual abuse, it can be a result of sexual misconduct between residents.
Sexual abuse in nursing homes can be categorized as unwanted sexual contact. It can include the following behaviors:
Unwanted and nonconsensual sexual contact between nursing facility residents is a form of sexual abuse. It should not be tolerated at assisted living facilities between residents and can result in charges being filed.
Financial abuse and exploitation is when one resident takes advantage of another resident financially. It can look different and may include the following behaviors.
Financial abuse can lead to devastating financial problems. Sometimes, they may extend past a resident’s life, and the legal guardians or estate may need to step in to handle them appropriately.
Nursing home residents are among the most vulnerable, making them easier to take advantage of than other populations. This also includes among their peers, and several risk factors can contribute to resident-to-resident abuse in nursing homes.
Cognitive impairment can impact instances of resident-to-resident abuse in nursing homes. A resident may not have a sound mind and body. This makes them an easy target.
Some patients may have dementia, Alzheimer’s disease, and other mental health issues that may make them confused or disoriented. It impacts their quality of life. These same mental health issues can cause the other person to behave in a manner they would not typically behave in.
It may cause aggressive behavior, leading to them abusing other residents. They may even cause physical injury. When they come out of the haze, they are often remorseful of their abusive behavior. It may be controlled by adjustments in medication if shared with medical professionals.
Nursing homes are often a last resort for many residents who need constant medical care and supervision. This can make them feel lonely, frustrated, and isolated. These feelings of extreme emotional distress can cause residents to act out in aggressive manners.
They may want another person to feel as bad as they do. Perhaps they have lost control of their feelings and are lashing out at others. The resident may need to express their feelings to help them feel better about themselves.
Regardless of their motivation, individuals can cause emotional distress to other residents. This can cause severe psychological damage.
Nursing homes also play a part in resident-to-resident abuse. If they are understaffed or the staff is not adequately trained, their team cannot prevent or manage resident-to-resident abuse effectively. Staff intervention is often necessary in these situations.
The Centers for Medicare and Medicaid Services (CMS) recently released federally mandated standards for nursing home staffing.
Failure to adhere to these standards can lead to delinquencies on nursing home reports and a loss of status and funding with repeat violations. Even with the fear of consequences, not all nursing homes are fully staffed due to high turnover.
With a constant influx of new staff or a lack of proper staffing, it can be challenging to supervise residents to prevent abuse properly. Supervision may be lacking in:
Nursing homes must provide adequate supervision to prevent and address aggressive behavior and prevent it from happening again. The staff should also be trained in conflict resolution to help de-escalate situations and file incident reports when they witness resident-to-resident abuse.
There are legal implications for resident-to-resident incidents in nursing homes. They include the following. A nursing home lawyer can help you understand and navigate your rights.
Nursing homes can be liable for failing to prevent or address resident-to-resident incidents. The victim must be able to prove that the home created an environment that made the abuse possible. This could be because of a lack of supervision, not taking complaints seriously, understaffing, or other factors.
Victims can seek damages against the nursing home for their physical harm, emotional abuse, pain and suffering, and more.
When individuals enter a nursing home, they expect certain rights as outlined by the CMS. [4] They include the right to be:
If you believe that your nursing home rights have been violated, you deserve to seek justice. All nursing home residents are entitled to living conditions free from physical or psychological distress.
Depending on the type of abuse, nursing home residents may choose to file criminal charges against residents who engage in abusive behavior. A lawyer can help you navigate your legal rights and guide you through the process.
Nursing home staff and patients can prevent abuse. Intervention strategies can help address resident-to-resident incidents at the moment and prevent them from happening again.
The staff can be the first line of defense when protecting this vulnerable population from abuse. They should look out for the following behaviors or signs of abuse:
If a staff member experiences resident-to-resident incidents or suspects abuse, they should report it. The nursing home can investigate, including removing the resident from the harmful situation.
Resident abuse should be taken seriously and handled swiftly to prevent the abuse from continuing.
Assisted living facilities should provide adequate monitoring and supervision of their residents. This includes giving staffing in common areas, within rooms, and other places where abuse may occur.
If they provide inadequate supervision for any reason, they could be liable for any abuse within the assisted living facilities.
Nursing homes can provide behavioral interventions for residents who are exhibiting aggressive behavior. This can include:
The specific behavioral interventions will depend on the resident. Treatment plans are not one size fits all. If the resident continues to be abusive to others, they may need to seek alternative arrangements for the good of the other residents.
A care home lawyer can help protect the rights of residents. They can also address resident-to-resident incidents and abuse and hold all parties accountable for the part they played in the abuse. Here’s how.
A lawyer can help nursing facility residents and their families file complaints or lawsuits. They are well-versed in the law. They understand the nuances to help you seek justice and recover compensation for the abuse you faced at the hands of other residents.
Care lawyers are your voice in the legal system. They serve as your advocate, and they fight tirelessly for your rights. They hear your complaints and ensure your needs are met with the case outcome. It’s not just about receiving compensation. It is about ensuring the abuse never happens to another resident.
A nursing home lawyer can help investigate allegations of resident-to-resident abuse. They review your evidence and begin their own investigation. They can obtain medical records, nursing home reports, video footage, and other evidence that can help build a strong case.
Lawyers have access to more resources and know the type of evidence that will build the most robust case.
Nursing home abuse is never okay. Staff-to-resident and resident-to-resident abuse is a violation of your rights, and you deserve justice. Nursing Home Law Center can help.
Our nursing home abuse attorneys offer legal advice with a free consultation. Our goal is to ensure our clients get the best representation to hold assisted living facilities and nursing homes accountable for the abuse they allow to happen.
Contact us today at (800) 926-7565 or by filling out the form on our website. The initial consultation is free, and you have nothing to worry about if you do not want to continue.
Elder abuse is serious, and you and your family members can help hold all parties accountable and bring about meaningful change in nursing home care.
References: [1] National Institutes of Health, [2] People, [3] Centers for Medicare and Medicaid Services, [4] CMS