Nursing homes are meant to be safe havens for the elderly, providing the care and support they need in their later years. Unfortunately, the reality can be starkly different. While most nursing homes provide residents with the care and compassion expected, nursing home abuse does occur at a startling rate. To help protect your elderly loved ones, an attorney at Thompson Law explains what you need to know about nursing home abuse in North Dakota.
How Often Does Nursing Home Abuse and Neglect Occur in North Dakota?
Sadly, nursing home abuse is hardly a new problem in the U.S. In fact, experts believe that elder abuse and neglect occur far more often than previously believed. Experts estimate that one in ten older Americans suffers some form of elder abuse every year, yet only one in 24 instances of abuse or neglect are reported to authorities. The significant disparity between the frequency with which elder abuse happens and the frequency with which it is reported is one of the many reasons why it is so important to recognize the signs of abuse and neglect. In North Dakota, the North Dakota Department of Human Services receives numerous reports of elder abuse annually. In 2022, the Adult Protective Services program reported over 400 cases of elder abuse, neglect, and exploitation. This number highlights the significant issue of underreporting, as many victims may be unable or unwilling to report their abuse.
Recognizing Common Signs of Nursing Home Abuse
Abuse in nursing homes can take many forms, including physical, emotional, sexual, and financial abuse, as well as neglect. Recognizing the signs is the first step in protecting loved ones. Common signs of nursing home abuse include:
- Physical Abuse: Look for unexplained bruises, cuts, burns, or fractures. Pay attention to repeated injuries or patterns that suggest restraint marks. If your loved one seems fearful or flinches at sudden movements, this could also be a red flag. Additionally, frequent hospital visits for injuries, especially without adequate explanation from the nursing home staff, should raise concerns.
- Emotional Abuse: Notice changes in behavior such as withdrawal, depression, or sudden mood swings. If your loved one seems unusually agitated, scared, or anxious around certain staff members, this could indicate emotional abuse. Listen to the way your loved one talks about their caregivers. If they describe being belittled, threatened, or verbally assaulted, for example, take these accounts seriously.
- Sexual Abuse: Signs of sexual abuse can include bruising around the breasts or genitals, unexplained sexually transmitted infections (STIs), or torn clothing. Be aware of any unusual or inappropriate sexual behavior as well. This form of abuse can be particularly difficult to detect, as victims may feel immense shame or fear about disclosing their experiences.
- Financial Abuse: Keep an eye on your loved one’s financial statements. Look for sudden changes in financial status, unexplained withdrawals, or missing belongings. Be wary if your loved one talks about new “friends” who seem overly interested in their finances. Financial abuse might also manifest as sudden changes in wills or power of attorney arrangements.
- Neglect: This can be harder to spot but is equally harmful. Signs include poor hygiene, malnutrition, dehydration, untreated medical conditions, and unsanitary living conditions. If your loved one is left unattended for long periods or their basic needs are not being met, this constitutes neglect. You might also notice bedsores, which can indicate prolonged periods without proper movement or care.
Steps to Take if You Suspect Nursing Home Abuse
If you suspect that your loved one is being abused in a nursing home, it is essential to act swiftly and decisively. The old motto “better safe than sorry” applies when elderly abuse is a possibility. Steps to take when you suspect nursing home abuse include:
- Documenting Your Concerns: Keep detailed records of any signs of abuse you observe. Take photographs of physical injuries and note dates, times, and specific incidents. Documenting these details can be crucial in any investigations that follow. Also, write down any conversations you have with your loved one and staff members regarding your concerns.
- Talking to Your Loved One: If possible, have a private and compassionate conversation with your loved one about your concerns. Encourage them to share their experiences and reassure them that it’s safe to speak up. Many elderly people may feel afraid or ashamed to talk about abuse. Listening and providing emotional support is paramount.
- Reporting to Authorities: If you believe that your loved one is in immediate danger, call 911 and report the abuse. Contact the North Dakota Long-Term Care Ombudsman Program. Ombudsmen are advocates for residents of nursing homes and can help investigate and address your concerns. You can also report abuse to the North Dakota Department of Health’s Division of Health Facilities. It is important to understand that reporting abuse is not just a moral obligation but a legal one as well.
- Consulting with an Elder Law Attorney: Consult with an attorney who specializes in elder law or nursing home abuse. While elder abuse can be a criminal offense, abuse or neglect of the elderly can also form the basis for a civil lawsuit against the perpetrator and/or the LTC facility. An elder law attorney can guide you through the legal process and help ensure that your loved one’s rights are protected.
- Relocating Your Loved One: If the abuse is severe or ongoing, it may be necessary to relocate your loved one to a safer environment. While this can be a difficult decision, their safety and well-being must come first. If your loved one suffers from Alzheimer’s or is otherwise incapacitated, it may be necessary for you to become his/her guardian (if you are not already) to obtain the legal authority needed to remove and relocate your loved one.
Do You Need Assistance with Nursing Home Abuse in North Dakota?
Please join us for an upcoming FREE seminar. If you suspect that a loved one is the victim of nursing home abuse or neglect in North Dakota, contact a North Dakota and Minnesota estate planning attorney at Thompson Law by calling 605-362-9100 to schedule an appointment.
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