According to a report released by the National Center on Elder Abuse, (NCEA) not much is known about nursing home abuse, how widespread it is or why it happens. What is known is that nursing home abuse can take a variety of forms, including physical and sexual assault, neglect, financial abuse, inappropriate restraint, verbal threats, homicide, sub-standard care, overcrowding, failure to protect residents, denial of rights, labeling troublesome residents, and discrimination.
In some cases, the abusive act is committed on purpose; for example, the nurse aide who sexually assaults his patients. In other cases, the abuse may not be premeditated but may actually be an involuntary response to a highly stressful job that is often combined with inadequate staffing, perceived aggression from residents and job burnout. In such cases, nursing home staff may be more physically or verbally aggressive with residents in an effort to gain compliance.
However, even though these reactions may be involuntary, they still show that residents at nursing homes are subjected to abuse and can have their rights denied. If the abuse is indeed a response to understaffing, then the nursing home should hire an adequate number of employees so that residents are properly taken care of. Abuse of elderly people, even involuntary, is simply unacceptable.
The NCEA also notes that nursing home abuse and neglect are not only common but also underreported. The first random sample survey conducted on the subject (by Pillemer and Moore in 1990) found that 10 percent of nurses and aides surveyed admitted they had committed one or more acts of physical abuse within the last year. Furthermore, 40 percent admitted to psychologically abusing residents. The survey also showed that the most common form of physical abuse involved, "restraining patients beyond what was needed to ensure their safety."
READ MORE LEGAL NEWS
More and more lawsuits are being filed against nursing homes and nursing home employees, alleging they are responsible for the abuse of residents. Recently, numerous lawsuits were filed against one nursing home after a former employee admitted to sexually assaulting multiple patients. Lawsuits have also been filed against nursing homes alleging wrongful death and negligence.