Abuse and neglect are rampant in California nursing homes. The signs of nursing home abuse and neglect may include changes in behavior, loss of interest in social activities, accelerated cognitive decline, worsening of health conditions, frequent emergency room visits, and visible physical injuries. You can protect your loved one by recognizing the early signs of nursing home abuse, contacting the appropriate agencies, and reaching out to our experienced California nursing home abuse lawyers.
At Lanzone Morgan, LLP, we are singularly focused on protecting the rights and welfare of the elderly. If you suspect your loved one has been abused in a California nursing home, we can help you protect your loved one and hold the nursing home accountable. Contact us today for a free consultation.
Common Signs of Nursing Home Abuse
Nursing home residents often have complex medical conditions that affect their ability to recognize or report abuse. The World Health Organization estimates that approximately one in six elderly adults experiences abuse, and this number is likely higher in nursing homes. As many as 64.2 percent of nursing home staff surveyed have admitted to committing some form of abuse in the past year.
Most abused nursing home residents never report abuse. Recognizing the warning signs of elder abuse may be the only way to protect your loved one. You may have noticed that your loved one has become more withdrawn or less alert than usual. Perhaps their health has declined rapidly. Has the nursing home stopped communicating with you about their health? Do you have a gut feeling that something is wrong? Any of these could be signs of nursing home abuse.
The types of changes you see may vary based on the types of abuse your loved one experiences. All forms of nursing home abuse can cause physical, emotional, cognitive, and behavioral effects.
Signs of Physical Abuse
Physical nursing home abuse is any deliberate act of violence against a resident. It includes slapping, punching, kicking, shoving, rough handling, pulling, burning, and pinching. It may be perpetrated by staff, other residents, visitors, or vendors. In some cases, nursing homes fail to supervise residents with violent tendencies, allowing them to assault others. Many instances of physical abuse in nursing homes occur because staff become frustrated due to understaffing and take it out on innocent residents.
Your loved one may be experiencing physical abuse if you have encountered any of the following:
- Unexplained bruises
- Head and neck injuries
- Cheek injuries, particularly on the left side
- Black eyes
- Welts
- Broken glasses
- Burns
- Fractures, especially in the upper extremities
- Internal bleeding
- Sprains and dislocations
- Flinching
- Repeated emergency room visits
Signs of Sexual Abuse
Sexual assault is less common than other forms of nursing home abuse, but it does occur, often at the hands of nursing home staff or other residents. It includes rape, but penetration is not necessary to constitute abuse. Any sexual contact between staff and residents is considered abuse, including kissing, fondling, and medically unnecessary and excessive examinations involving the breasts or genitals. It can also include forcing a resident to engage in sexual touch.
Sexual abuse can occur without physical contact. Non-physical forms of sexual abuse include forced exposure to pornography, indecent exposure to a resident, explicit photography of a resident against their will, and forced, unnecessary undressing without a medical reason.
Your loved one may have experienced sexual abuse in a nursing home if you notice any of the following:
- Bruising in the breast area
- Injuries to the genital area
- Unexplained anal or vaginal bleeding
- Sexually transmitted infection
- Blood on the sheets, linens, or clothing
- Fear of being left alone with certain staff members
- Difficulty sitting or walking
- Social withdrawal
- Worsened cognitive decline
Signs of Verbal and Emotional Abuse
Emotional abuse is any behavior meant to inflict psychological harm or exert control. It often occurs as verbal abuse, such as making threats, intimidating, ridiculing, manipulating, humiliating, degrading, or gaslighting. Emotional abuse also includes non-verbal abuse, such as isolating residents, giving them the “silent treatment,” or withholding care.
Emotional abuse can strip your loved one of their dignity and reduce their quality of life. Its effects can be as serious as physical abuse. If you have noticed any of the following changes in your loved one, you could be witnessing the impact of emotional abuse:
- Emotional upset when you visit
- Withdrawal
- Increased self-soothing behaviors, such as rocking
- Weight loss
- Sleep disturbances
- Increased agitation
- Unusual or increased aggression
- Frequent apologizing
- Loss of interest in usual activities
- Increased cognitive decline
- Worsening of health conditions
If you see any of these signs and hear staff yelling at other residents, this is a significant red flag that your loved one is experiencing verbal abuse. Even if your loved one does not experience the maltreatment directly, having to witness it can result in many of the above effects.
Signs of Financial Abuse
Financial abuse is the inappropriate use of an elderly adult’s money, property, or benefits for anyone other than the elderly adult. It includes physical theft, inappropriate access to financial accounts, and inappropriate use of property. Nursing home residents are vulnerable to financial abuse because of loneliness, cognitive impairment, and dependence on staff.
Financial exploitation may be perpetrated by staff, vendors, family members, and telemarketers. They may use coercion or manipulation to gain access to your loved one’s assets through a financial power of attorney or by having your loved one sign documents granting partial or full ownership of their assets. Your loved one may be a victim of financial abuse if you have noticed any of the following:
- Missing possessions
- Unexplained activity on credit cards
- Unexplained bank transfers or withdrawals
- New power of attorney you do not recognize
- Transfers of houses or other assets
- New accounts in your loved one’s name that they did not open
- An overly friendly staff member or new friend
- Changes in your loved one’s spending patterns
Elderly adults are well-known targets for scammers. Nursing homes have a legal duty to provide a secure environment and ensure scammers do not have easy access to residents.
Signs of Neglect and Abandonment
Nursing home neglect occurs when a facility fails to provide a reasonable standard of care, causing harm to the resident. The most common forms of nursing home neglect include failure to frequently reposition immobile residents to prevent bedsores, lack of hygiene care, chemical restraints, and lack of supervision.
Abandonment is a form of neglect in which a staff member leaves a resident without care. It can occur when a staff member leaves without reporting to the next shift, telling a supervisor, or otherwise ensuring someone else is available to cover care.
Nursing home neglect and abandonment increase the risk of injury, decrease quality of life, and shorten life expectancy. Your loved one may be experiencing neglect if you notice any of the following:
- Weight loss
- Malnutrition
- Dehydration
- Bedsores
- Unnecessary indwelling catheter
- Constant sleep or zombie-like state, possibly indicating chemical restraints
- Falls and fractures
- Hunger
- Choking incidents
- Urine or feces odors
- Body odor
- Unkempt appearance
- Wearing the same clothing every time you visit
- Infections like MRSA
- Infected or non-healing wounds
- Wandering and elopement incidents
- Frequent visits to the emergency room
- Rapidly declining health
Signs of Health Care Fraud
Health care fraud occurs when a nursing home falsifies records or patient information to obtain insurance money. In some cases, it occurs as a result of medical identity theft. Certain cases involve billing practices that may not directly impact resident care. However, health care fraud in all forms can cause serious harm. It could expose your loved one to unnecessary tests, procedures, and medications. It can also prevent your loved one from receiving necessary treatment.
A knowledgeable nursing home abuse attorney can spot health care fraud by reviewing your loved one’s medical records. You may have reasonable cause to suspect health care fraud if you notice any of the following:
- Billing records that show services your loved one did not receive
- A false diagnosis of schizophrenia to justify antipsychotic medication
- A false diagnosis to justify surgery or other expensive procedures
- Evidence of prescriptions dispensed in your loved one’s name that they did not receive
- Records showing diagnoses that do not apply to your loved one, which could point to medical identity theft
- Medical tests or procedures that do not make sense
Circumstances that Increase the Risk of Nursing Home Abuse and Neglect
Understaffing in nursing homes is one of the most important predictors of nursing home abuse and neglect. Nursing home operators often refuse to provide adequate staff to cut costs and increase profits. Understaffing puts pressure on staff to rush through care and cut corners. It also creates an unpleasant work environment that pushes staff to their limits throughout their shifts, increasing the risk of staff becoming frustrated and taking it out on residents.
Residents whose needs require the highest amount of staff time and effort have the highest risk of being abused. These include residents with the following characteristics:
- Lack of mobility
- Mental illness
- Dementia
- Dependence on staff for daily activities
- Female gender
- Low income
- Minority status
- History of trauma or abuse
- Age of 80 or older
- Perception by staff as difficult
Every nursing home resident deserves to be treated with dignity and receive quality care, regardless of their medical diagnosis or dependence on staff.
What To Do When You Recognize Signs of Abuse and Neglect
If you notice signs of neglect or abuse in your loved one, take action now. If your loved one is in immediate danger, call 911.
Contact your local long-term care ombudsman. Every nursing home in California must post the local ombudsman’s contact information in a public area. You can also call the statewide CRISIS line at 1(800) 231-4024. The ombudsman is a patient advocate who can investigate abuse.
For a formal investigation, report suspected abuse to the California Department of Public Health’s district office in your area. If your loved one is in an assisted living facility or residential care home, report the abuse to the California Department of Social Services at 1(844) 538-8766 or letusno@dss.ca.gov.
Gather as much documentation as possible to prepare for your call, such as medical records, a list of signs and symptoms you have observed with dates, and the dates and details of related conversations you have had with nursing home staff. It is not necessary to have proof of abuse to make a report. Our attorneys can also help you report the abuse and protect your loved one.
When to Involve an Attorney
We recommend involving an attorney right away if you suspect your loved one has been abused or neglected in a nursing home. A skilled California nursing home abuse law firm like Lanzone Morgan, LLP can start protecting your loved one immediately. We can help you gather information to assist the ombudsman and state investigators, and we can contact the nursing home to advise them of the concern. Knowing an attorney is involved will often make the nursing home prioritize your loved one’s safety to avoid liability.
Our Experienced Attorneys Can Help
We are one of the leading elder abuse law firms in the United States, with over 75 years of combined experience and a proven track record of holding nursing homes accountable. We will provide your whole family with compassionate legal support, emotional assistance, counseling, and resources. We take a hands-on approach to every case, employing adaptive strategies so you receive a customized experience. You can count on us to handle the following:
- Coordinate with the appropriate state agencies to substantiate the abuse
- Interview witnesses, review medical records, and gather evidence
- Collaborate with medical experts to determine the extent of the harm
- Calculate a settlement to cover all of your loved one’s damages
- Negotiate a settlement and refuse to accept less than you deserve
- Take your case to court if necessary to obtain fair compensation
- Answer your calls 24/7 or return them promptly
We do not take the trust you put in our firm lightly. We serve as a voice for the voiceless, advocating for their right to quality care and justice. If you notice the signs of nursing home abuse and neglect in your loved one, call 1(888) 887-9777 to schedule your free, confidential consultation.
The following content has been legally reviewed and approved by nursing home abuse attorney Anthony Lanzone. Anthony holds notable memberships with professional organizations including the American Association for Justice and Consumer Attorneys of California.