Nursing Home Abuse vs. Neglect: Legal Distinctions and Your Rights

Mistreatment in nursing homes by the staff is a massive issue, not only in the United States – it has become a global problem. Wrongful acts or failure to provide necessary care to the residents can lead to various issues, such as physical, emotional, and psychological harm.

Nursing home abuse can be both intentional and unintentional, but both are serious matters. Nursing home abuse and neglect aren’t the same. However, you can get legal help from a nursing home abuse attorney in both cases, as these can negatively affect the victims. Below, we’ve discussed the key differences between nursing home abuse and neglect.

Nursing Home Abuse

Physical, sexual, or emotional violence or threat of violence against a nursing home resident by the nursing home staff constitutes nursing home violence. Some of the examples are below:

• Hitting, slapping, punching, kicking, or restraining a resident
• Forcefully feeding/drinking a resident when they refuse
• Not changing the diapers of a resident intentionally
• Not letting a resident access a toilet
• Sexual assault or violence against a resident
• Emotional abuse such as yelling, insulting, shaming, etc.
• All kinds of financial exploitation, such as stealing money or possessions

Nursing Home Neglect

This is an act of nursing home staff unintentionally failing to provide quality and necessary care to the residents. The nursing home authority, in most cases, is responsible for such actions because they often fail to employ trained or professional staff. Sometimes, understaffing and overworking of the team also lead to nursing home neglect. Some examples of such acts are below:

• Fail to provide medication or treatment properly
• Not providing food or drink on time
• Not taking precautions against bed sores and neglecting treatment
• Not changing bedding or clothes when necessary
• Not providing warmth or ventilation as needed
• Detecting Nursing Home Abuse and Neglect

In many cases, victims are too afraid to speak up about the abuse and neglect they face in nursing homes. So, it’s often hard to spot such mistreatment. However, a few signs can help you detect whether any abuse or neglect is happening in a nursing home where a loved one resides:

• Injuries like welts, bruises, burns, or cuts on the resident
• Having bedsores or unexpected weight loss
• The resident experiences falls or accidents frequently
• Sudden change in behavior, emotional withdrawal, or depression
• The resident is not wearing appropriate clothing or attire for the weather
• Non-prescribed Chemical restraints are used on the resident
• The resident has poor hygiene

How To Get Help From A Nursing Home Abuse Attorney

If you or your loved one is a nursing home abuse or neglect victim, don’t hesitate to reach expert lawyers at Reinan Law. We’ve represented elderly neglect and nursing home abuse victims for over 25 years in Colorado to help elderly people and families from mistreatment. Contact us at Reinan Law to seek help from a compassionate and professional nursing home abuse attorney.