Abuse of Nursing Home Patients Going Unreported
Posted Sunday, September 17, 2017 by Chris Thayer
A federal government audit recently found that more than one in four cases of possible physical and sexual abuse against nursing home patients goes unreported. Investigators from the Department of Health and Human Services say that Medicare is responsible for reporting such incidents to the police and other government agencies. The audit is not yet complete, but the inspector general’s office issued this “early alert” so that Medicare can correct its practices.
The Centers for Medicare and Medicaid Services issued a statement saying it does require nursing homes to immediately report abuse and neglect to state officials and that it will formally respond to Health and Human Services once the audit is complete.
Nursing Home Abuse Laws in Washington
Washington has several laws designed to protect elderly individuals from abuse. State law also spells out certain rights guaranteed to residents living in long-term care facilities, like nursing homes. These rights include:
- The facility must care for its residents in a manner and environment that respects each resident’s dignity and individuality.
- Residents have a right (within reasonable facility rules) to choose their own activities, schedules and health care treatment.
- Residents may wear their own clothing and make their own choices about certain aspects of their lives.
- Unless a resident has been adjudged incompetent or found legally incapacitated, he or she may participate in planning his or her own care and treatment.
- Residents may organize and participate in resident groups at the facility. Similarly, residents have the right to participate in social, religious and community activities as long as they do not interfere with another resident’s rights.
- Residents must be notified before any changes to their room or roommate.
- A resident has the right to share a double room with a spouse or domestic partner.
- Residents have the right to reside and receive services in the facility with reasonable accommodation of their individual needs and preference, except when health and safety are a concern.
A violation of any of these rights might be evidence of elder abuse.
Types of Elder Abuse
In addition to the rights listed above, nursing home and other long-term care facility residents have a right to be protected from physical, emotional, and financial harm. Common types of abuse include:
- Physical abuse. As found by the government audit, nursing home patients might be sexually or physically abused.
- Emotional abuse. Examples include name calling and belittling a patient’s self-worth. Such emotional abuse can cause depression, anxiety, and other mental health issues.
- Financial abuse. Staff members sometimes steal money and other personal property from residents.
- Neglect. This often results in physical harm to the senior. For example, a caregiver who deprives a senior of a basic need, like food, is guilty of neglect.
If you suspect that your loved one is being abused, contact the police and an experienced attorney immediately.
Contact Us Today
Contact one of our personal injury attorneys today for a free consultation if you or a loved one have suffered nursing home abuse. Our experienced attorneys will help you recover compensation for your injuries, including medical expenses, and pain and suffering.