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more_legal_areas nursing_homeLegal action may ensue if it is proven that a nursing home has committed one or more of following types of abuse:
Physical Abuse
Physical abuse is the use of physical force that may result in bodily injury,
physical pain, or impairment. Physical abuse may include acts of violence
like striking, with or without an object, hitting, beating, pushing, shoving,
shaking, slapping, kicking, pinching, and burning. The inappropriate use
of drugs and physical restraints, force-feeding, and physical punishment
of any kind also are examples of physical abuse.
Sexual Abuse
Sexual abuse is defined as non-consensual sexual contact of any kind with
a nursing home resident. Sexual contact with any person incapable of giving
consent is also considered sexual abuse. It includes but is not limited
to unwanted touching, all types of sexual assault or battery, such as rape,
sodomy, coerced nudity, and sexually explicit photographing.
Emotional or Psychological Abuse
Emotional or psychological abuse is defined as the infliction of anguish,
pain, or distress through verbal or nonverbal acts. Emotional/psychological
abuse includes but is not limited to verbal assaults, insults, threats,
intimidation, humiliation, and harassment. In addition, treating a nursing
home resident like an infant; isolating a nursing home resident from his/her
family, friends, or regular activities; giving a resident the "silent
treatment;" and enforced social isolation are examples of emotional/psychological
abuse.
Neglect
Neglect is defined as the refusal or failure to fulfill any part of a worker''s
obligations or duties to a nursing home resident. Neglect may also include
the failure on the part of the nursing home to provide necessary care. Neglect
typically means the refusal or failure to provide a nursing home resident
with such life necessities as food, water, clothing, shelter, personal hygiene,
medicine, comfort, personal safety, and other essentials included in an
implied or agreed-upon responsibility to a resident.
Abandonment
Abandonment is the desertion of a nursing home resident by a nursing home
worker, who has assumed responsibility for providing care for the resident.
Financial or Material Exploitation
Financial or material exploitation is the illegal or improper use of a nursing
home resident’s funds, property, or assets. Examples include, but are
not limited to, cashing a nursing home resident’s checks without authorization/permission;
forging a resident''s signature; misusing or stealing a resident’s money
or possessions; coercing or deceiving a resident into signing any document
(contracts or will); and the improper use of conservatorship, guardianship,
or power of attorney.
Self-neglect
Self-neglect is characterized as the behavior of a nursing home resident
that threatens his/her own health or safety. Self-neglect generally manifests
itself in a resident as a refusal or failure to provide himself/herself
with adequate food, water, clothing, shelter, personal hygiene, medication
(when indicated), and safety precautions. The definition of self-neglect
excludes a situation in which a mentally competent nursing home resident,
who understands the consequences of his/her decisions, makes a conscious
and voluntary decision to engage in acts that threaten his/her health or
safety as a matter of personal choice.
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Nursing Home Neglect - provides information and resources on nursing home and elder abuse, how to contact an elder abuse lawyer, as well as help on choosing the right nursing home.
The American Geriatrics Society - The American Geriatrics Society (AGS) is the premier professional organization of health care providers dedicated to improving the health and well-being of all older adults.