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What Is Considered Neglect in a Nursing Home?

What is considered neglect in a nursing home?

As families, when we make the difficult decision to entrust our loved ones to a nursing home, we expect a high standard of care. Nursing homes are responsible for the well-being of some of the most vulnerable members of our society—older adults who often can’t care for themselves any longer.

Unfortunately, not all nursing homes or elder care facilities uphold their duty to provide proper care, and our loved ones often experience neglect. But exactly what is considered neglect in a nursing home setting?

Understanding this critical issue is essential for both family members and caregivers.

Let’s take a look…

Defining Nursing Home Neglect

Nursing home neglect typically happens when a facility, or its workers, fail to provide the appropriate level of care required to meet the basic needs of a resident. This neglect can take a variety of forms and often leads to physical, emotional, or psychological harm. Unlike active nursing home abuse, which typically involves intentional harm, neglect more often arises from a failure to act or provide adequate care.

The impact, however, can be just as devastating.

Neglect can happen for various reasons, these often include understaffing, poor training, or a lack of supervision. Some cases involve ongoing issues within a facility, while others may stem from the failures of individual caregivers.

In fact, The World Health Organization (WHO) states that as many as two-thirds of nursing homes and long-term care facility staff admit that they’ve committed some form of elder abuse or neglect in the past year.

Regardless of the cause, neglect is a serious issue and can significantly affect the quality of life and health for those who live in nursing homes.

Types of Nursing Home Neglect

Neglect in a nursing home can manifest in several ways. While some forms of neglect may be more visible as personal injury than others, all can have serious consequences.

Typical forms of neglect include:

Physical Neglect

Physical neglect is probably the most common form of nursing home neglect and can be especially dangerous. It occurs when staff fail to provide the necessary care related to hygiene, nutrition, or a resident’s medical needs.

If, for example, a resident isn’t getting the help they need with bathing, dressing, or feeding, or is being left in soiled clothing for extended periods, medical conditions such as infections and bedsores are more likely to happen.

Emotional Neglect

Emotional neglect is often just as damaging as physical neglect. In these situations, caregivers and staff may fail to provide the emotional support or social interaction that residents need.

Residents in nursing homes often deal with feelings of isolation, loneliness, and depression, especially if they don’t receive enough attention or engagement from staff members. For example, caregivers may choose to ignore a resident’s attempts to communicate or punish them by isolating them from social activities with other residents in the facility.

Medical Neglect

Medical neglect most often happens when nursing home staff fail to provide residents with the proper level of necessary medical care. This can include administering medication or providing medical attention based on a resident’s complaint, or obvious need.

Medical neglect can lead to serious harm or even death if a resident’s health issues aren’t addressed promptly or adequately. Whether it’s failing to administer medication, ignoring symptoms of illness, or not providing essential treatments, medical neglect can have devastating consequences for residents and families.

Neglect of Basic Needs

Basic needs are things like food, water, and clean living conditions, and residents in nursing homes rely on staff to provide for these needs. When they’re not met, it’s neglect. Malnutrition and dehydration are common signs of this type of neglect. Some studies, such as this one published by the National Library of Medicine, have suggested that up to 38% of residents have experienced dehydration at some point.  According to the Mayo Clinic, dehydration occurs when you use or lose more fluid than you consume.

Unsanitary living conditions, including dirty rooms or unwashed bedding, can lead to infections and other health issues as well.

If you or a loved one is experiencing neglect in a Maryland nursing home or other elder care facility, you should report it to The Maryland Department of Aging immediately.

Signs and Symptoms of Nursing Home Neglect

Recognizing the signs of neglect in a nursing home setting isn’t always easy. Some residents may be unable to communicate what they need or are afraid to speak up due to fear of retaliation from staff.

That’s why it’s essential for family members and loved ones to keep a vigilant eye on living conditions and identify the signs of neglect immediately.

Some of the most common indicators of neglect include:

  • Unexplained weight loss: Sudden or significant weight loss can indicate that the resident is not receiving adequate nutrition or hydration, or is experiencing depression.
  • Poor personal hygiene: Residents who appear unwashed, smell, or are frequently in dirty clothes or bed linens, may not be getting proper assistance with bathing, dressing, or grooming.
  • Bedsores (pressure ulcers): Bedsores are a common result of neglect, especially if a resident is immobile and not regularly repositioned.
  • Frequent infections: Unsanitary conditions and neglect of medical needs can lead to infections, which can be particularly dangerous for elderly residents.
  • Emotional withdrawal: Residents who become withdrawn, depressed, or anxious may be experiencing emotional or social neglect or even abuse.

Legal Options for Nursing Home Neglect

If you or a loved one has been neglected in a nursing home, you may need to take legal action to hold the facility accountable. Nursing home neglect is a form of elder abuse, and there are legal protections and state mandates (Maryland Department of Health) in place to define resident’s rights and ensure that they’re treated with dignity and care.

You and your family can pursue a legal claim against a nursing home for negligence if you can prove that the facility failed to provide adequate care and that failure resulted in harm.

Filing a lawsuit can provide compensation for medical expenses, pain and suffering, and other damages related to neglect or abuse. Legal action can also lead to changes and improvements within a nursing home facility, helping to ensure that other residents don’t suffer the same fate in the future.

If you’re considering legal action, it’s essential to consult with a lawyer who specializes in elder law and nursing home neglect cases, and who’s familiar with Federal regulations and standards for nursing homes, to explore the legal options available.

Your attorney can help gather evidence, navigate the legal process, and work to secure a fair outcome for your family.

Nursing home neglect is a serious issue that can have devastating consequences for vulnerable residents.

At GDH Law, our expert nursing home abuse attorneys understand that, whether it manifests as physical, emotional, or medical neglect, the impact on a resident’s well-being is profound. Recognizing the signs of neglect and understanding the causes are essential steps in preventing this mistreatment, and getting justice for elderly victims.

Nursing homes have a legal and moral obligation to provide safe and compassionate care, and when they fail, legal recourse is available to hold them accountable.

As family members, staying involved in your loved one’s care and advocating for their rights can make a huge difference in making sure that they get the care and respect that they deserve.

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