What is the Difference?

When you place an elder loved one in a nursing home, you expect them to receive good care. Yet, nursing home abuse and neglect are rampant in New York. Disturbingly, only an estimated 23 cases are reported to authorities. Elder abuse and neglect can take many forms, sometimes making it difficult to ascertain what happened.

The Law Office of Asaro & Associates represents nursing home residents and their families in abuse and neglect cases. Our staff works tirelessly to help you understand your rights and get the best possible outcome if your loved one has experienced mistreatment. If you believe your loved one has been abused or neglected at a nursing home, contact our office at (347) 231-5459 for a no-obligation consultation.

Understanding Elder Abuse vs. Neglect

Both abuse and neglect are forms of mistreatment, yet are fundamentally different. Abuse is intentional, involving deliberate acts resulting in serious risk and can be physical or emotional.

Neglect is either passive or active, depending on the caregiver’s intent, and is often characterized by a lack of action to fulfill caretaking tasks. It is often unintentional, especially when caretakers are overwhelmed or undertrained. However, even unintentional neglect can have serious consequences, such as when a resident receives an incorrect medication.

What is Nursing Home Elder Abuse?

Acts considered elder abuse in nursing homes must be intentional, according to the Centers for Disease Control (CDC). Types of elder abuse occurring in nursing homes include:

• Physical abuse, including restraining a senior physically or chemically with medication.
• Emotional or psychological abuse, which ranges from ignoring to intimidation or making threats.
• Sexual abuse involving any non-consensual sexual contact.
• Financial exploitation, such as the authorized taking, misuse or concealing of assets and property or charging for care that was not given.
• Healthcare fraud performed by unethical medical personnel or professional care providers.

What is Nursing Home Elder Neglect?

Neglect occurs when the nursing home doesn’t meet its caretaking obligations to a resident. It is more common than abuse and can take many different forms. The CDC notes that 15.3% of complaints in nursing homes are for elder neglect.

Examples of nursing home neglect are:

• Medical neglect – failing to address or prevent medical issues like not administering medications, improper care for existing conditions like dementia or diabetes, not managing infections or bedsores.
• Basic needs neglect – not providing food and water, or a clean and safe environment.
• Personal hygiene neglect –  failing to give adequate assistance with bathing, hair care, brushing teeth, changing soiled clothing and linens, etc.
• Social/emotional neglect – repeatedly ignoring the senior, preventing them from interacting with others, and frequently yelling at them.

Consequences of Nursing Home Abuse and Neglect

Abuse or neglect can significantly impact an elder’s physical and emotional well-being and personal hygiene. Nursing home residents can suffer consequences like anemia, dehydration, undiagnosed illnesses, weight loss or malnutrition. Sometimes, those issues can lead to death, but they can also result in declining health.

When a nursing home resident’s hygiene needs are unmet, they may smell unpleasant, have dirty skin, and have unclean, ill-fitting or missing clothes. Emotional consequences often result in a change in behavior, including insomnia, isolation, loneliness, loss of trust, depression, anxiety, fear or suicidal thoughts and actions.

Who is Responsible for Nursing Home Abuse and Neglect?

The nursing home and individual staff members may be liable for abuse and neglect. Long-term care facilities have a duty to properly hire and train workers to give proper care. They also should maintain sufficient staff to provide adequate care. Lawsuits against nursing homes often result from inadequate staffing.

Stressed and overworked employees may be unable to provide the needed quality of care. Many facilities also don’t properly screen or run background checks on their hires. Not screening potential employees for drug or alcohol abuse endangers residents as these individuals are more apt to commit abusive acts.

Understaffing reduces the overall quality of the facility. Impossible workloads lead to overworked staff, who are more likely to make poor decisions. There is little room for error in nursing homes. According to a U.S. Public Interest Research Group report, 20% of American nursing homes are understaffed.

Contact Our Office for a Complimentary Consultation

Nursing homes and their employees can face criminal and civil penalties for abusing or neglecting those in their care. Always report suspected incidents to local authorities for investigation. In addition, victims and their families can file an injury lawsuit to collect possible financial compensation for their suffering. If you or a loved one have suffered at the hands of a nursing home, contact our office at (347) 231-5459 to discuss your case with our legal team.