Nursing Care Negligence and Abuse – How to Protect Your Loved One

Elder abuse tends to take place where the senior lives: most often in the home where abusers are often adult children. Abuse can also occur in institutional settings, such as long-term care facilities. Elder abuse can take many different forms, some involving intimidation or threats against the elderly, some involving neglect, and others involving financial exploitation. The most common are defined below.

Physical abuse is non-accidental use of force against an elderly person that results in physical pain, injury, or impairment. Such abuse includes not only physical assaults, but also the inappropriate use of drugs, restraints, or confinement.

Emotional abuse occurs when people speak to or treat elderly persons in ways that cause emotional pain or distress. Verbal forms of emotional abuse include: intimidation through yelling or threats; humiliation and ridicule, and habitual blaming. Non-verbal forms of emotional abuse include ignoring, isolation, and menacing the elderly individual.

Sexual abuse is physical contact with an elderly person without the elder’s consent. Such contact can involve physical sex acts, but also includes activities such as showing an elderly person pornographic material, forcing the person to watch sex acts, or forcing the elder to undress.

Neglect or failure to fulfill a caretaking obligation, makes up over half of all reported cases of elder abuse. It can be intentional or unintentional.

Financial exploitation involves unauthorized use of an elderly person’s funds or property, either by a caregiver or a third-party, and includes: misuse of an elder’s personal checks, credit cards, or other accounts; theft of cash or household goods; forgery; and identity theft. The elderly are particularly susceptible to scams such as announcements of a “prize” that they have won, but are required to pay money to claim; investment fraud; and fake charities.

Healthcare fraud and abuse can be carried out by unethical doctors, nurses, hospital personnel, and other professional care providers. Examples include:

  • Charging for healthcare services not actually provided;
  • Overcharging or double-billing for medical care;
  • Receipt of kickbacks for referrals or prescriptions;
  • Over- or Under medicating; and
  • Medicaid fraud

Signs and symptoms of elder abuse

Elder abuse or neglect might not be obvious, and any outward signs might initially appear to be symptoms of dementia or a sign of the elderly person’s frailty, but that doesn’t mean that you shouldn’t dig deeper. Look for general signs of abuse to include frequent arguments or tension between the elderly person and caregiver, and changes in personality. If you suspect abuse or neglect, look for elements of physical and behavioral signs that include:

Physical abuse:

  • Bruises, welts, or scars
  • Broken bones, sprains, or dislocations
  • Report of drug overdose or apparent failure to take medication regularly (a prescription has more remaining than it should)
  • Broken eyeglasses or frames
  • Signs of being restrained, such as rope marks on wrists
  • Caregiver’s refusal to allow you to see the elder alone

Emotional abuse:

  • Threatening, belittling, or controlling caregiver behavior that you witness
  • Behavior from the elder that mimics dementia, such as rocking, sucking, or mumbling to oneself

Sexual abuse:

  • Bruises around breasts or genitals
  • Unexplained venereal disease or genital infections
  • Unexplained vaginal or anal bleeding
  • Torn, stained, or bloody underclothing

Neglect by caregivers or self-neglect:

  • Unusual weight loss, malnutrition, dehydration
  • Untreated physical problems, such as bed sores
  • Unsanitary living conditions: dirt, bugs, soiled bedding and clothes
  • Being left dirty or unbathed
  • Unsuitable clothing or covering for the weather
  • Unsafe living conditions (no heat or running water; faulty electrical wiring, other fire hazards)
  • Desertion of the elder at a public place

Financial exploitation:

  • Significant withdrawals from the elder’s accounts
  • Sudden changes in the elder’s financial condition
  • Items or cash missing from the senior’s household
  • Changes in wills, power of attorney, titles, and policies
  • Addition of names to the senior’s signature card
  • Unpaid bills or lack of medical care, although the elder has enough money to pay for them
  • Financial activity the senior couldn’t have done, such as an ATM withdrawal when the account holder is bedridden
  • Unnecessary services, goods, or subscriptions

Healthcare fraud and abuse:

  • Duplicate billings for the same medical service or device
  • Evidence of overmedication or undermedication
  • Evidence of inadequate care when bills are paid in full
  • Problems with the care facility: poorly trained, poorly paid, or insufficient staff; crowding; inadequate responses to questions about care.

If you suspect that a loved one is being abused or neglected, contact the Law Offices of Stuart L. Plotnick at 301.604.9569 for a complimentary consultation today.

Source: http://www.helpguide.org/articles/abuse/elder-abuse-and-neglect.htm