What is the Duty of Care for Staff in Nursing Homes?
Nursing homes provide a certain level of care, or duty of care, to their residents. Unfortunately, a patient’s basic needs are not always met. If you have a loved one in an assisted living center, you should be educated on nursing home liability laws and regulations. Your loved one is entitled to proper care and safety, so it is vital that you know what to expect and how to hold their nursing home liable if necessary. What is Duty of Care? According to the Nursing Home Abuse Guide, “duty of care” is when a nursing home accepts responsibility to provide a reasonable level of care and a safe environment for their residents. A nursing home has a legal duty to provide patients with protection, safety, and care. Care centers accept a level of liability if they fail to provide the type of care required by law. When the staff fails to live up to these standards, they are vulnerable to nursing home abuse litigation. What is Reasonable Care? If you have a loved one in a nursing home or if you are looking for one, it is important to know the definition of reasonable care. Reasonable care is usually reviewed on a case-by-case basis. This standard of care outlines the reasonable care that should be provided for each patient. The patient’s health, medical needs, and medical history are some items that might be listed. If a patient believes that this has been broken, they must be able to prove that the nursing home neglected to provide reasonable care, resulting in pain or injury. Examples of the Breach of Care What does it look like when the duty of care has not been fulfilled? If you have a loved one in a care facility, here are some examples to look for when you visit: Failure to keep a safe environment– When you visit, look around to make sure that medicines and other equipment are stored safely. Make sure the rooms are organized and free from clutter. Failing to respond to residents’ inquiries and complaints– If your loved one is complaining that staff members are not listening to them, this could be the beginning of a breach of care. Lack of training – Observe staff members when they are interacting with your loved one and others. An insufficient training program could lead to a lack of reasonable care. Understaffing– Some nursing homes may be hurting financially or might have a difficult time hiring staff. When a nursing home is understaffed, that is when important details can fall through the cracks. When the Standard of Care is Breached If you or your loved one feel that the standard of care has been breached, the responsibility to provide proof falls on you. First, you need to gather evidence. This can include documents showing a lack of care, witness statements, or photographic evidence. Nursing home abuse lawyers can help you gather the evidence needed to prove your case in a court of law. If You Suspect a Lack of Care, Flickinger Sutterfield & Boulton Can Help If you suspect that the duty of care has been breached in your loved one’s facility, Flickinger Sutterfield & Boulton can help you fight for the proper care they deserve. Our nursing home abuse lawyers strive to ensure that negligent care centers are held accountable for any degree of abuse or neglect. We have offices throughout Utah County and West Jordan, Utah. Schedule your free case evaluation today.
What Does Emotional Abuse in Nursing Homes Look Like?
Though sometimes difficult to identify, emotional abuse in nursing homes is the most common type of elder abuse. Aside from emotional maltreatment, elderly abuse can happen in many different forms including physical abuse, sexual abuse, financial exploitation, neglect, and abandonment. Emotional abuse is sometimes harder to identify and prove because there is no physical evidence associated with it. Emotional elder abuse can happen in any nursing home. It is important to understand what this looks like and how you can help if you suspect your loved one is undergoing emotional harm. What is Elder Emotional Abuse? According to Very Well Mind, emotional abuse is a way to control another person by using emotions to criticize, embarrass, shame, blame, or otherwise manipulate them. When this happens to a victim who is over the age of 65, it is considered elder emotional abuse. Perpetrators usually include children, other family members, spouses, or staff at nursing homes, assisted living, or other facilities. Types of Elder Emotional Abuse Elder abuse can occur in verbal and nonverbal ways. Some examples include: Blaming the elder Scapegoating Demeaning behavior Humiliation or ridicule Ignoring their needs Terrorizing Intimidation Yelling Using threatening behavior Isolating the elderly person Some Important Statistics There are about 5 million victims of elder abuse each year in the United States. Around 435,000 of those cases were reported cases of emotional abuse against the elderly. Caregivers are more likely to emotionally abuse seniors as opposed to spouses or family members. Roughly 67 percent of elder emotional abuse victims are women. Evidence of Emotional Abuse in a Nursing Home Your loved one might show signs indicating that they have been through some kind of emotional trauma. These can include the following: Avoiding eye contact Having low self-esteem A sudden change in personality or behavior Withdrawal from social activities or hobbies Seems hopeless, disturbed, or scared Displays a desire to harm their own self or another Sudden changes in sleeping or eating patterns Noticeable mood swings What to Do if You Suspect Elder Emotional Abuse If you suspect emotional abuse in nursing homes or anywhere else, contact Adult Protective Services or your local authorities. A government-appointed caregiver will step in to evaluate the situation. Treating Cases of Elder Emotional Abuse The first step in helping your loved one heal from elder emotional abuse is to promptly relocate them to safer living accommodations. This may include another family member, care center, or assisted living facility. You should also consider therapy for the elder, and in some cases, a counselor will be assigned by the state. A medical professional can prescribe calming medications to help the elderly person cope with the emotional distress they have experienced. Take Action with Flickinger Sutterfield & Boulton If you suspect your loved one is a victim of emotional abuse in a nursing home, Flickinger Sutterfield & Boulton can help you take action. Our nursing home abuse lawyers will seek justice for the damages that occurred and assist you and your loved one on your path to healing. Our attorneys fight for victims and their families to receive not only fair compensation, but also respect and kindness. We have offices in Orem, Provo, Saratoga Springs, and West Jordan, Utah. Schedule your free case evaluation today.