Rowe and Hamilton
22 E. Washington St., Suite 600
Indianapolis, IN 46204
Phone: 317-632-2524
Fax: 317-631-5905
Email: trowelaw@aol.com
22 E. Washington St., Suite 600
Indianapolis, IN 46204
Phone: 317-632-2524
Fax: 317-631-5905
Email: trowelaw@aol.com
Nursing Homes
Nursing home abuse is considered medical malpractice. It is defined as the neglect, mistreatment, or harming of an elderly resident in a care facility. Federal Health regulations are meant to protect vulnerable nursing home residents from abuse. Although a 2001 congressional report found that 1 out of every 3 nursing homes in the country were cited for an abuse violation during a 2 year evaluation. The report also states that 10% of these violations were serious enough to cause actual harm to the residents.
There are several types of Elder abuse. The definitions below are by the National Center on Elder Abuse.
- Physical abuse – defined as the use of physical force that may result in bodily injury, physical pain, or impairment. Physical abuse may include such acts of violence as hitting, pushing, shoving, shaking, or kicking. Improper use of drugs and physical restraints, force feeding and physical punishment of any kind can also be classified as physical abuse.
- Sexual abuse – defined as non-consensual sexual contact of any kind with an elderly person. Sexual contact with a person incapable of giving consent is also considered sexual abuse. Unwanted touching, sexual assault or battery, Rape, sodomy, coerced nudity, and sexually themed photographs can be considered sexual abuse.
- Emotional or psychological abuse - defined as the infliction of anguish, pain, or distress through verbal or nonverbal acts. Includes but is not limited to verbal assaults, insults, threats, humiliation, & harassment. Also, treating an older person like an infant, isolating an elderly person from their family, friends or regular activities, giving the silent treatment, and enforced social isolation are examples of emotional or psychological abuse.
- Neglect – defined as the refusal or failure to fulfill any part of a person’s obligations or duties to an elder. May include failure of a person whom has responsibility to care for an elder or the failure on the part of an in-home service provider to give necessary care. Typically means the refusal or failure to provide an elderly person with life necessities and other essentials included in an implied or agreed-upon responsibility to an elder.
- Abandonment – defined as the desertion of an elderly person by an individual who has assumed responsibility for providing care for an elder, or by a person with physical custody of an elder.
- Financial or material exploitation – defined as the illegal or improper use of an elder’s funds, property, or assets. An example of this would be cashing an elderly person’s checks without authorization or permission or the improper use of a conservatorship, guardianship, or power of attorney.
- Self-neglect – defined as the behavior of an elderly person that threatens their own health or safety. Usually transforms itself into an older person refusing or failing to provide themselves sufficient food, water, clothing, shelter, personal hygiene, medication, and safety. Self-neglect excludes a situation in which a mentally competent older person, who understands the consequences of their decisions, makes a conscious and voluntary decision to engage in acts that threaten their health or safety as a matter of personal choice.