Frequently Asked Questions on Nursing Home Abuse

Q: What is elder abuse?

A: “Elder abuse is any knowing, intended or careless act that causes harm or serious risk of harm to an older person – physically, mentally, emotionally, or financially. The term is quite broad and encompasses many different types of mistreatment…”

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Q: What forms does elder abuse take?

A: Laws vary from state to state, but the following are some examples: Physical Abuse, emotional Abuse, sexual Abuse, exploitation and abandonment. Please see the “Types of Nursing Home Neglect” section on this page for more detailed definitions and examples. (Source: National Center on Elder Abuse)

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Q: What are the signs of elder abuse?

A: While one sign does not necessarily indicate abuse, some tell-tale signs that there could be a problem are:

• Bruises, pressure marks, broken bones, abrasions, and burns may be an indication of physical abuse, neglect, or mistreatment. Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may be indicators of emotional abuse.
• Bruises around the breasts or genital area can occur from sexual abuse. Sudden changes in financial situations may be the result of exploitation.
• Bedsores, unattended medical needs, poor hygiene, and unusual weight loss are indicators of possible neglect.
• Behavior such as belittling, threats, and other uses of power and control by spouses are indicators of verbal or emotional abuse. Strained or tense relationships, frequent arguments between the caregiver and elderly person are also signs. (Source: National Center on Elder Abuse)

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Q: How can I tell if someone is being abusive?

A: While there is no typical profile of an abuser, the following are some behavioral signs that may indicate problems:

• Abusing alcohol or other drugs; controlling elder’s actions (whom they talk to, where they go, etc.)
• Isolating elder from family and friends, which can increase dependence on abuser; emotional/financial dependency on elder, inability to be self-sufficient
• Threatening to leave or send elder to a nursing home; appearing to be indifferent to elder, seeming apathetic or hostile; minimizing an elder’s injuries, blaming victim or others for the abuse, neglect or exploitation
• Threatening to harm an elder’s pet
• Calling elder names
• Previous criminal history
• Mental illness

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Q: What is nursing home neglect?

A: Simply put, nursing home neglect occurs whenever nursing management or the staff member(s) responsible for taking care of nursing home residents fail to fulfill that responsibility.

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Q: What is nursing home abuse?

A: Nursing home abuse occurs whenever any of the abuses outlined in the answer to question No. 2 happens in a nursing home or other assisted living scenario.

If you have concerns about someone, trust your instincts. Don’t be afraid to ask questions. Keep in mind that victims of elder abuse may be experiencing other problems and more than one type of abuse.”

Without a doubt, if someone with whom you are close is exhibiting one or more of these signs and spends a significant portion of his or her time with someone charged with his or her care, you need to seek professional help. By talking to a nursing home attorney – someone who has seen the evidence of nursing home neglect and elder abuse first-hand – to determine

1. Whether criminal action should be taken
2. Whether civil action is in order, you will not only possibly save your loved one’s life
3. You also may likely contribute to the solution – or, at least, the further regulation – of a problem that, if allowed to grow unchecked, will continue to siphon the dignity and well being of an estimated one to two million elders

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Q: Why do I need a lawyer if I suspect someone close to me has been the victim of elder abuse?

A: You need a lawyer:

1. To protect the rights of the abused and neglected
2. To make sure your specific situation is investigated to the fullest
3. To hold accountable anyone who negligently – by commission or omission – allowed elder abuse to take place
4. To help you get the compensation you need to get your life back on track as quickly as possible.

Types of Nursing Home Abuse

• Physical Abuse - Inflicting, or threatening to inflict, physical pain or injury on a vulnerable elder, or depriving them of a basic need.
• Emotional Abuse - Inflicting mental pain, anguish, or distress on an elder person through verbal or nonverbal acts.
• Sexual Abuse - Non-consensual sexual contact of any kind.
• Exploitation - Illegal taking, misuse, or concealment of funds, property, or assets of a vulnerable elder.
• Neglect - Refusal or failure by those responsible to provide food, shelter, health care or protection for a vulnerable elder.
• Abandonment - The desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person.