Entrusting the care of your loved one to a nursing home or assisted living facility is a difficult decision to make. Learning your loved one has suffered abuse due to the negligent or intentional actions of a facility can leave you devastated and outraged—and it may also be grounds for legal action.
At Slater & Zurz in Akron, Ohio, our lawyers have dedicated over 32 years to protecting the rights and best interests of Ohio residents. We are deeply committed to elder abuse cases and will do everything within our power to ensure your loved one’s safety while also bringing forth justice.
Our attorneys work tirelessly to hold responsible parties accountable for their actions and prevent such incidents from happening again. We will pursue maximum compensation to provide your loved ones with the care and support they need to restore their health, well-being, and dignity.
Nursing Homes vs. Assisted Living Facilities: What’s The Difference?
Choosing the right care environment for an aging family member is a decision that carries significant emotional weight and responsibility. Understanding the differences between nursing homes and assisted living facilities is the first step in making an informed choice that aligns with your loved one’s needs.
What Are Nursing Homes?
Nursing homes provide a high level of medical care and assistance with daily activities, catering to individuals with serious health issues who require constant attention from skilled nursing staff.
What Are Assisted Living Facilities?
Assisted living facilities offer a blend of independence and care, ideal for seniors who can manage some aspects of their daily lives but still require help with certain tasks. They promote autonomy through social interactions and activities while still providing assistance with medication management, bathing, and meals.
For more on the differences between nursing homes and assisted living facilities, check out this guide.
Abuse in Nursing Homes & Assisted Living Facilities: Statistics
Abuse in nursing homes and assisted living facilities occurs when a resident suffers emotional, psychological, or physical harm caused by a caregiver’s negligent or deliberate acts.
Elder abuse is an epidemic in this country, and with the growing number of people in need of long-term care, the problem is likely to worsen:
- An estimated 200,000 Ohioans age 60 and older experience some form of elder abuse. Yet, in 2020, Ohio’s Job and Family Services department received just 34,000 calls, suggesting that tens of thousands of elder abuse cases go undetected.
- In a recent study of 2,000 nursing home residents, nearly 50% said they experienced abuse, with 95% of residents witnessing it.
- 81% of nurses and nursing aides in long-term care facilities say they’ve seen emotional elder abuse take place.
- 24.3% of family members of nursing home residents say they’ve reported at least one incident of physical nursing home abuse.
- Approximately 1 in 3 long-term care facilities in the U.S. are cited for violations of federal standards that either harmed or could likely harm a resident.
Our compassionate elder abuse attorneys are committed to putting an end to all forms of abuse. We take the necessary steps to hold perpetrators responsible and prevent them from committing future acts of abuse or neglect.
Types Of Abuse In Nursing Homes & Assisted Living Facilities
Abuse in nursing homes and assisted living facilities can take many forms—all of which can have dire consequences for its victims. Long-term care abuse generally falls under these four categories:
Physical Abuse
Physical abuse is any intentional physical harm caused by direct physical contact, whether by staff members or other residents in the nursing home or assisted living facility. This includes punching, slapping, kicking, restraining, and throwing objects.
Emotional Abuse
Staff or residents within the nursing home or assisted living facility may manipulate or exercise authority over a resident by using insults, threats, name-calling, criticism, embarrassment, and dismissiveness. These actions can leave the resident with severe, lingering emotional trauma.
Financial Abuse
Financial abuse occurs when a caregiver uses an elderly victim’s cash, credit, or other assets for their own financial gain. Examples include stealing cash, misusing the victim’s checkbook or credit cards, manipulating the victim into changing their will, and stealing the victim’s identity to establish lines of credit.
Sexual Abuse
Sexual abuse is any unwanted sexual contact. Those living in a nursing home or assisted living facility are especially vulnerable as they may be coping with mental or physical impairment. Staff members, other residents, and visitors are common perpetrators of nursing home sexual abuse.
The Rights Of Nursing Home & Assisted Living Facility Residents In Ohio
Under Ohio Revised Code 3721.13, residents of nursing homes, assisted living facilities, and other long-term care facilities have rights that are essential to their emotional and physical health and well-being.
This includes the rights to:
- A clean and safe living environment
- Be free from any mental, emotional, and physical abuse
- Receive proper medical treatment
- Be treated with respect, courtesy, and dignity
- Participate in decisions that directly affect them
- Have all reasonable requests and inquiries promptly addressed
- Privacy during medical exams or treatment
- Confidential treatment of all personal and medical records (HIPAA)
- Be free from chemical or physical restraints unless necessary to protect the resident or others from injury
Nursing Homes & Assisted Living Facilities Can Be Held Liable For Abuse
Nursing homes and assisted living facilities are required to maintain a safe environment free from abuse or neglect. A facility can be held legally responsible if any of the following occur:
- Inadequate staff supervision: Nursing homes and assisted living facilities have a duty to supervise their staff and stop any form of abuse immediately.
- Insufficient staffing: Understaffing is a significant contributor to abuse and neglect in nursing homes and assisted living facilities. Even reliable employees may intentionally or unintentionally commit harmful acts when stressed or overworked.
- Neglectful hiring practices: Detailed background checks should be performed on all prospective employees to identify and exclude those who may participate in acts of abuse or neglect.
- Poor security measures: Facilities must ensure rigorous oversight to protect residents from potential harm by residents, staff, or visitors.
- Failing to report abuse: The law requires all long-term care facilities to promptly report all abuse and neglect cases.
Akron Nursing Home & Assisted Living Facility Abuse Attorneys
If your loved one has been a victim of abuse or neglect in a nursing home or assisted living facility, you may be entitled to receive compensation. This may include punitive damages, which aim to punish the facility and prevent further acts of abuse.
Our Akron personal injury attorneys understand the devastating effects of nursing home abuse on both you and your loved one. We will fight tirelessly every step to protect your loved one’s rights and do whatever we can to help them recover from the mental, emotional, and physical toll caused by their abuser.
Have more questions about nursing home abuse and neglect? Check out this FAQ or explore our guide on the Ohio Nursing Home Patient Bill Of Rights.