Signs and Symptoms of Nursing Home Abuse

How to Identify Nursing Home Abuse?

What Constitutes Nursing Home Abuse?

Georgia defines nursing home abuse as any act intended to cause harm to a nursing home resident. The state recognizes the following types of abuse as per OCGA § 16-5-102:

Physical Injury/Physical Abuse

If you notice unexplained injuries from nursing homes, like scars and bruises on your loved one, they may be victims of physical abuse. These injuries result from the aggressor inflicting intentional bodily harm on the victim. If left unchecked, this physical abuse could persist for years and could result in incapacitation and even death.

Emotional/Mental Abuse

Preying on the psychological vulnerability of older people is downright evil, but surprisingly, emotional abuse is the most prevalent type of nursing home abuse. Data from WHO shows that 33.4% of residents reported some form of emotional/psychological abuse. 

Emotional abuse involves inflicting emotional pain, anguish, and distress to another. Perpetrators do this through:

• Intimidation
• Verbal abuse
• Threats
• Isolation
• Humiliation
• Manipulation

Sexual Abuse

Non-consensual sexual contact is one of the many forms of sexual abuse in assisted living residences. Any coercion to unwanted sex or sex-related activity is sexual abuse. Other forms of this abuse include forcing residents to view pornographic material.

Financial Abuse

Staff members in nursing homes may take advantage of residents’ mental and physical weakness for their personal gain. Financial abuse describes the financial exploitation of elderly persons in nursing homes through:

• Direct theft
• Unauthorized ATM withdrawals
• Forged signatures on checks
• Adding signatures to credit cards

The Prevalence of Nursing Home Abuse

The United States is home to over 810,000 assisted living facilities, but only 4% of seniors enroll in nursing homes and a further 2% in assisted living facilities. Of the 4% of seniors in nursing homes, 15.7% reported some form of abuse. 

Admittedly, that doesn’t seem like much, but there’s more. According to the World Health Organization:

• 64.2% of care staff reported abusing residents in care homes and assisted living facilities
• 33.4% of residents or their close circle reported some form of psychological abuse
• 13.8% of residents and their proxies reported instances of financial abuse
• Sexual abuse is the lowest reported abuse, with only 0.9% of residents reporting being victims
• The prevalence of elder abuse in both communities and institutional facilities may have increased by 84% during the COVID-19 pandemic.

Recognizing the Signs of Nursing Home Abuse

Steps to Take if Abuse Is Suspected

Have you or your family members been subject to abuse in a nursing home? If yes, here’s what you can do to remedy the situation:

• Contact 911 for medical emergencies or apparent danger.

• Take photos and videos as evidence of abuse.

• Note down important details like the location, time, and date of the abuse.

• File a Facility Incident Report Form and talk to the nursing home’s management or reach out to the Georgia Long-Term Care Ombudsman program.

• Contact the authorities and file a police report (if necessary).

• Consult a nursing home abuse lawyer.

Legal Recourse and Compensation

OCGA § 31-8-103 through § 31-8-121 lists the legal rights of residents in long-term care facilities. An elderly person in a long-term care facility has the right to:

• Dignity and respect

• Adequate medical care

• Freedom from abuse and neglect

• Visitation

• Freedom to manage own finances or assign a representative

• Social interaction

Victims of elderly abuse and their family members also have the right to file a personal injury claim in case of abuse and neglect in a nursing home. The process is as follows:

• Seek medical attention at a recognized medical facility.

• Preserve evidence, including photographs, videos, medical records, and details about the time and location.

• File a complaint with the administration.

• Report the case to the Healthcare Facility Regulation Division.

• Identify responsible parties and assess damages.

• Consult an attorney to file an insurance claim with the facility’s insurance company.

• File a lawsuit if negotiations fail or the claim is denied.

The recoverable damages for nursing home abuse claims and lawsuits include:

• Economic damage (medical bills and out-of-pocket expenses)

• Non-economic damages (Pain and suffering, loss of consortium, and emotional distress)

• Punitive damages

• Wrongful death damages

How a Nursing Home Abuse Attorney Can Help