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Understanding your Legal Rights in Cases of Physical and Sexual Abuse in Nursing Homes

Unfortunately, many nursing home or long-term facility patients experience some form of abuse or neglect while under the care of the professionals they place their trust in. While abuse and neglect can occur in many different ways, this article focuses on specific cases of physical and sexual abuse, their warning signs, and the legal options for those who have experienced such abuse. Our nursing home abuse attorneys at Charles Boyk Law have helped countless nursing home abuse victims and their families secure justice all across Ohio.

Why it’s Important for Family Members to Recognize Warning Signs of Elder Abuse

Nursing home residents are a particularly vulnerable group of people. Their vulnerability not only usually comes from their physical or mental capabilities but also because they’re often dependent on their caregivers. As disturbing as it is, it’s not unusual for sexual predators to seek employment at nursing homes because of the especially vulnerable residents. This unfortunate realty is why our team at Charles Boyk Law is committed to holding these attackers accountable.

Typically, family members are first to observe differences in their  loved one’s emotional/psychological behavior, hygiene, physical health, or living arrangements, which could indicate the potential of abuse. This is especially true when the patient has limited capabilities when it comes to verbally expressing their own concerns or mistreatment. Knowing what to look for or signs to be aware of during visits ensures that families have the opportunity to be proactive and step in before the situation worsens.

What is Elder Sexual Abuse?

Sexual abuse, which is defined as “nonconsenting sexual contact of any kind” is considered to be the most unknown form of elder abuse. Seemingly, it is the least acknowledged and reported type of elder mistreatment. Sexual abuse also includes any sexual contact with any person incapable of giving consent and the definition includes (but is not limited to) inappropriate touching, non-consensual sexual penetration, any unwanted sexual behavior, forced nudity, forcing the person to look at pornography, etc.

What is Elder Physical Abuse?

Elder physical abuse is any form of violent act that leaves an older person significantly injured and is often accompanied with psychological abuse. Often this abuse is from caregivers or even other residents. Physical abuse can include any of the following:

• Punching
• Slapping
• Pushing or shoving
• Kicking
• Unnecessary Restrains or level of force

Tragically, these cases are common but often go unreported. For instance, the U.S. Department of Justice (DOJ), reports that only 1 in 24 cases of physical elder abuse is reported to authorities. Regardless, it’s still a fact that many families’ loved ones are undergoing such abuse. In fact, according to a 2017 study by the World Health Organization, 9.3% of nursing home staff have admitted to physically abusing elderly residents. It’s found that physical abuse by staff is often the result of overworked, understaffed, and frustrated workers who act out against their patients.

How Common is Physical and Sexual Abuse in Nursing Homes?

Unfortunately, instances of physical and sexual assaults in nursing homes/assisted living facilities are much more common than most people realize.

• 70% of elder abuse cases that are reported to authorities occur in nursing homes
• 24.3% of nursing home residents experienced at least one instance of physical abuse while in a nursing home
• 29% of nursing home abuse complaints are for physical abuse
• 7% of nursing home abuse complaints are for sexual assault
• 22% of nursing home abuse complaints are resident-to-resident abuse
• 10% of nursing home staff have admitted to physically abusing residents in the past year
• In Ohio, total of 18,112 individuals reported instances of elder abuse and were determined to be in need of protective services.

Despite these statistics, many cases go unreported, yet nursing home abuse reports have continued to increase since the COVID-19 pandemic. The National Center on Elder Abuse reports that roughly 2.4 million people live in long-term care facilities in the U.S., including 1.5 million in licensed nursing homes and 900,000 in residential care facilities. Due to the inconsistency of reporting, the magnitude of how widespread abuse and neglect are in these facilities is unknown. Alarmingly, less than 10% of nursing homes in the country have sufficient staff to provide adequate care (CNN Interview, 2/23/2002). According to the Health and Human Services Department, understaffed facilities place residents at greater risk for serious health issues such as malnutrition, bedsores, infections, pneumonia, weight loss, and dehydration.

Who’s Most Vulnerable to Physical and Sexual Abuse in Nursing Homes?

While all residents are at risk of experiencing physical or sexual abuse, some face a greater risk of being physically or sexually assaulted than others. The more vulnerable residents are often those with memory or cognitive disorders such as Azheimer’s disease, dementia, and mental illness. Female residents, and residents who were prior victims of abuse or experienced traumatic events are also at a greater risk.

Is a Nursing Home Legally Liable for Abuse?

Nursing homes and assisted living facilities have a legal obligation to protect their residents from abuse and are required to provide a safe environment for their residents. To fulfill their legal obligations, nursing homes must actively protect their residents, secure the environment, and anticipate and prevent physical and sexual abuse. They are also supposed to supervise, monitor, and separate residents if necessary. Our Nursing Home Abuse Attorneys at Charles Boyk Law are well versed in these standards and have been successful in securing substantial settlements from the facilities who fail to follow these. We’ve seen that common failures that lead to nursing homes being liable for physical or sexual assault include:

• Understaffing: Not enough staff to effectively assess, supervise, and monitor residents, leading to neglect and vulnerability to abuse.
• Inadequate Training: Lack of staff training on preventing and responding to physical and sexual abuse, including recognizing warning signs and implementing appropriate intervention plans.
• Overcrowding and Lack of Supervision: Crowded, unsupervised common areas, increasing the risk of resident-on-resident incidents and making it difficult to monitor interactions.
• Failure to Monitor Behaviors: Lack of monitoring of residents’ behaviors, including verbal or physical aggression, prior sexually suggestive acts, and wandering into other residents’ rooms, creating opportunities for abuse.
• Failing to Conduct Proper Background Checks: Failure to conduct thorough background checks on both residents and staff, potentially placing vulnerable individuals at risk.

Nursing homes must continue to implement preventive measures to protect residents from physical and sexual abuse. There is no limit to what measures nursing homes can put in place, but the most common practices include creating patient-specific care plans, behavioral management plans to track residents, anticipate what triggers their behavior, and devise a plan to prevent or quickly reduce any such behavior, training staff to identify potential signs that a resident may engage in physical and sexually aggressive behavior, and implement policies and practices to prevent and identify physical and sexual abuse.

Resident-on-Resident Physical and Sexual Abuse

Resident-to-resident assault is a serious and well-known issue in nursing homes and assisted living facilities. It’s common for residents with dementia to suddenly become confused and act in unpredictable ways. This can lead to the resident becoming physical and otherwise harming other residents. These are behaviors that residents with dementia cannot control or understand due to their condition. Knowing that residents with dementia can act out in these ways, nursing homes must actively monitor and supervise their residents to ensure all are protected from abuse. Certain protocols should be implemented, and staff should monitor residents for any behaviors that may indicate the potential for abuse. This could include responding appropriately and taking action against any of the following behaviors:

• Wandering into other residents’ rooms
• Verbal aggressiveness, including threatening, yelling, swearing, etc.
• Physically aggressiveness toward staff or residents, including threatening gestures, pushing, shoving, hitting, kicking, or spitting
• Sexual aggressiveness like exposure of genitals, making sexually suggestive or derogatory comments, or inappropriate touching or grabbing of residents or staff
• Stealing or looking through other resident’s areas or belongings

Common Signs of Abuse in Assisted Living Facilities/Nursing Homes

Physical Signs of Abuse or Neglect

• Unexplained Injuries: Look for and ask questions about any new injuries such as bruises, marks, cuts, or burns. If the injuries or signs of such reoccur frequently or if the explanations given for them are unconvincing, it should raise some concern .
• Frequent Falls or Unexplained Injuries: If your loved one is repeatedly falling, it could potentially be an indication that the nursing home is understaffed or a sign of poor supervision.
• Bedsores or Pressure Ulcers: Bedsore or pressure ulcers often are caused when someone is in one position for too long, which could be an indication of neglect.
• Unmet Medical Needs: It’s important to confirm whether medications are being given correctly and to check for any untreated medical issues, such as any bedsores that could result in infections with serious complications.
• Poor Personal Hygiene: If there are indications that basic needs are not being met, these should be questioned. This can include a variety of signs such as unwashed hair or an unclean living environment.
• Weight Loss or Malnutrition: A sudden weight change may point to neglect, poor nutrition, or the resident’s psychological response to a traumatic event.

Emotional and Behavioral Red Flags that May Be Signs of Abuse or Neglect

• Abrupt Mood or Behavior Changes: Family members should pay attention to any indications of fear, anxiety, or withdrawal.
• Depression or Social Isolation: Does your loved one suddenly no longer have interest in their favorite activities? Or have they been distancing themselves and withdrawing from friends or family? This could be because they are or have experienced a type of abuse or neglect.
• Uncharacteristic Irritability or Aggression: If your loved one appears unusually agitated, irritable, or argumentative, it could be a sign of stress caused by abuse.
• Fear of Specific Caregivers: If your loved one seems particularly anxious or afraid around certain staff members, this should be documented and addressed.

Environmental Warning Signs in the Facility

• Unsafe or Hazardous Living Conditions: Be mindful of the status and upkeep of the resident’s room and common areas. A disorderly or dirty environment could be an indication of neglect. Also, the climate of the living area can also indicate whether the building and its internal equipment are being properly maintained or not. For example, if your loved one’s room is often overly warm/cold or experiences maintenance issues such as leaks, power outages, etc.
• Damaged Equipment: Check for broken or missing parts on beds, wheelchairs, and other safety equipment. If you notice damaged medical equipment, you should document it and ask questions.
• Safety Hazards: Look for trip hazards like loose carpets, clutter, and broken handrails. Such hazards put residents at a greater risk of injury due to falls.
• Lack of Staff Presence: If you notice that it’s often difficult to find staff or there’s a lack of communication, this may indicate understaffing, which increases the chance of abuse and neglect.
• Negative Interactions: Observe staff interactions with residents. Rude, dismissive, or aggressive behavior can be a sign of poor care and potential abuse.

What Should I do if I Suspect Elder Abuse?

If you’ve notice any of the warning signs described above, it’s important to take them seriously and act accordingly. Here’s how you can respond, depending on the situation:

1. Document Everything: Keep detailed notes and take photos of any concerning conditions or injuries you observe.
2. Talk to Your Loved One: Speak privately with them about their experiences and well-being. Ask if they feel safe or if they have any concerns with their living arrangements or their caregivers. Sometimes, residents may be hesitant to talk about abuse, so be patient during these conversations.
3. Communicate with Staff: Report your concerns to nursing home staff and management and request explanations.
4. Report the Abuse: If you suspect abuse or neglect, a report should be made with your local authorities. If you or your loved one is dealing with an emergency as a result of the abuse, you should call 911 immediately. Once removed from the emergency or for cases that are not as imminent, our team at Charles Boyk Law can handle contacting the appropriate government authorities. For instance, Ohio’s Adult Protective Services (APS) is a local resource. https://jfs.ohio.gov/child-and-adult-protection-foster-and-adoption/services-for-families-and-children/adult-protection/what-is-adult-protective-services You can also contact your local Ombudsman, who will investigate your complaint and take steps to resolve any issues concerning nursing home abuse or neglect.
5. Contact a Nursing Home Abuse Lawyer: If you suspect that severe abuse or neglect is taking place, reach out to our nursing home abuse attorneys at Charles Boyk Law. Our group of attorneys are trained in these sensitive cases and have a proven track record. We can help you understand your rights and the available legal actions to protect your loved one.

Should I file a Lawsuit Against the Nursing Home or Assisted Living Facility? 

At Charles Boyk Law, our nursing home abuse attorneys are experienced litigators and have taken on many major nursing homes/assisted living facilities to secure compensation for physical/sexual abuse victims. We can provide you and your family with a free consultation to ensure you understand your legal rights and options for a potential recovery.

Can Elder Abuse Cause Premature Death?

Yes. Research has shown a link between elder abuse and neglect with shorter longevity. A 2009 study of Chicago residents aged 65 and older found that confirmed elder abuse doubled older adults’ risk of mortality.

Also, a decade long study by the World Health Organization found that elder abuse victims were twice as likely to die prematurely. This is because it’s common for the physical injuries and emotional trauma to accelerate cognitive decline and worsen their overall health.

While some nursing home assault victims, particularly those with fractures or brain injuries, may die shortly after the incident due to their injuries, the connection between abuse and death isn’t always immediately clear. For example, elderly victims of sexual abuse often experience a rapid decline, becoming socially withdrawn, losing their appetite, and exhibiting worsening cognitive function, sometimes over just a few weeks before death. Tragically, many physicians are unaware of how abuse, both physical and sexual, can lead to premature death. Consequently, death certificates may incorrectly list conditions like Alzheimer’s disease or dementia as the cause of death, obscuring the true impact of the abuse.

At Charles Boyk Law, we’re trained to recognize these common misconceptions and have a team of experts who can prove that the abuse contributed to or was the true cause of death.

Don’t Overlook Elder Abuse: Charles Boyk is Here to Fight for You and Your Loved One

While in-person visits with loved ones allows families to continue their bond with the resident, they also provide an opportunity to protect your loved ones. Knowledge and awareness of the common warning signs of elder abuse are essential for preventing its escalation. If you suspect something is wrong with a loved one’s care, trust your instincts and take action.

Our team of experienced Nursing Home Abuse Lawyers at Charles Boyk Law are ready to fight the legal battle to ensure your family gets justice. If you or a loved one has been a victim of nursing home physical or sexual abuse, contact our office today for a free consultation.