The Differences Between Nursing Home Abuse and Nursing Home Neglect

The terms “abuse” and “neglect” have some similarities and key differences. Generally, abuse involves some intentional or deliberate failure or misconduct – or some affirmative act that causes harm. Abuse of a senior is intolerable and should never ever happen.

Negligence refers to a lack of reasonable care – care that does not meet the standard of quality nursing homes in the region where your loved one is a resident.

Generally, gross (unconscionable) neglect is considered a form of abuse. Many agencies, such as the US Centers for Disease Control and Prevention, also include any type of neglect of the elderly as a form of abuse.

Liability for nursing home abuse and neglect

The nursing home owners and managers can be liable for both nursing home abuse and nursing home neglect. The dangers to the residents are comparable. For example, whether a nursing home staff member deliberately fails to move a patient resulting in bedsores, or negligently fails to move a patient resulting in bedsores – the bedsores still hurt the resident the same.

Generally, nursing homes are vicariously liable for the negligence of their employees. Our nursing home lawyers will explain whether nursing homes can be held liable for the intentional abuse of a resident by a staff member. Often, our nursing home lawyers will assert that the nursing home is responsible for any type of abuse by an employee for other reasons. While vicarious liability is one basis for holding the nursing home liable for abuse or neglect, other grounds include the failure of the nursing home to implement policies and procedures to prevent, monitor, and respond to abuse, and the failure to follow federal and state nursing home laws.

If a nursing home resident is abused, the abuser and the nursing home may be criminally liable in addition to civilly liable.

How is nursing home abuse defined?

According to the American Psychological Association, there are several different types of elder abuse. The term “elder abuse” applies to abuse of the elderly (people who are 60 years old or older) in nursing homes and other facilities and care centers including private homes. Nursing home abuse is one type of elder abuse. Nursing home abuse also includes abuse of any nursing home resident who is under 60 such as people with disabilities.

The APA’s definition of elder abuse (at nursing homes and elsewhere) includes the following types of abuse:

• Physical abuse. Physical abuse of a nursing home resident includes slapping, kicking, punching, pushing, burning, and shoving a resident. Physical abuse includes the use of physical or chemical restraints that are not medically approved. Physical abuse also includes failing to give a resident their medications, failing to provide the proper nutrition, failing to move a resident, and any other action that causes physical pain.
• Emotional abuse. Some staff members and nursing home supervisors may use emotional, verbal, and psychological abuse to try to control or intimidate a nursing home resident. Examples include yelling or insulting a resident. Other examples include isolating a senior from other residents and family – and not including seniors in nursing home activities. Emotional abuse also includes threatening a resident.
• Sexual abuse. This type of abuse includes any nonconsensual activity including rape, sexual assault, and any unwanted sexual contact. Sexual abuse also includes the use of photographs, videos, and sexual conversations.
• Caregiver neglect. Nursing homes have a duty to tend to the basic needs of each resident including ensuring that the resident receives their proper food, drink, and medications; lives in a facility that is safe from the other types of abuse, and the proper medical care.

Another common type of nursing home abuse is financial abuse, which includes the unauthorized use of a senior’s accounts, credit cards, Social Security benefits, or other assets.

The abuser may be an employee, contractor, supervisor, or anyone with access to the nursing home. Other residents may commit abuse including patients with dementia or Alzheimer’s. Whatever the reasons for your loved one’s injuries (or the death of your loved one), our nursing home and abuse lawyers are ready to help you today.

What is nursing home neglect?

Elder neglect includes both intentional and unintentional acts. Generally, nursing home neglect occurs when the needs of the residents are not fulfilled as described in the caregiver section above. Examples of nursing home neglect include:

• Medical neglect. Nursing homes have a duty to provide preventive medical care and emergency care. Our nursing home lawyers file negligence claims when nursing homes fail to provide the proper medications at the proper time and in the proper dosages. We file claims when nursing homes fail to help seniors who exhibit the signs of stroke, have bedsores, or acquire infections. Medical neglect also includes the failure to have policies and procedures in place to help residents who have cognitive disorders such as dementia.
• Personal hygiene neglect. Nursing homes should ensure that each resident looks the best they can including having clean clothes, combed hair, baths, dental care, and personal grooming.
• Social neglect. This type of neglect includes isolating a resident, leaving the resident unattended, and allowing the resident to wander.
• Failing to respect a nursing home resident’s rights. Nursing home residents have federal and state rights that include the right to file complaints, privacy, information about their expenses, communicate with family members, and other residents. We hold nursing homes accountable for neglect when they fail to respect these rights.

If you have reason to believe a parent, sibling, or someone you love is being abused or neglected while in a nursing home, contact Garcia & Artigliere immediately. We’ve helped our clients obtain more than $3 billion in recoveries. We know how to hold nursing homes accountable when they fail to protect your loved one. Call our office or fill out our contact form to schedule a free consultation today. We’re a national firm with offices in Los Angeles, Phoenix, Long Beach, Louisville, and New Orleans.