What is the Difference Between Nursing Home Abuse and Neglect?

When you entrust the care of an elderly loved one to a nursing home, you expect they will be treated with dignity, respect, and proper medical attention. Sadly, nursing home abuse and neglect are all too common.

If you suspect your family member has been mistreated, it’s important to understand the distinction between abuse and neglect. In a courtroom, the jury will decide if there was a “Breach in the Standard of Care,” but a jury needs to learn why it happened so they can address it and prevent it from occurring again in the future.

While both constitute unacceptable treatment, abuse and neglect are distinct issues when presenting the case in court.  Each has their own warning signs. As a concerned relative, being able to recognize the difference empowers you to take appropriate action to protect your loved one and hold the responsible parties accountable.

Defining Nursing Home Abuse

Nursing home abuse refers to the intentional infliction of harm on a resident. This can take several forms:

• Physical abuse: Using physical force in a way that causes pain or injury. Examples include hitting, shoving, restraining, or inappropriately using drugs.
• Emotional abuse: Verbal or nonverbal behaviors that inflict anguish, distress, or fear. This may involve yelling, humiliating, ignoring, or isolating the resident.
• Sexual abuse: Non-consensual sexual contact of any kind with a resident, including sexual assault, harassment, or coerced nudity.
• Financial exploitation: Illegally or improperly using a resident’s funds, property, or assets for the benefit of someone else. This often involves forging signatures, coercing the resident to sign documents, or stealing money or valuables.

The critical aspect of nursing home abuse is that it is intentional mistreatment or the intentional disregard for a resident’s well-being.  Generally, this happens when a nursing home is more worried about profits than providing good care.  The staff member or caregiver is consciously acting in a way that brings harm to the resident or the Home failing to provide enough staff to provide basic care

Nursing Home Neglect

In contrast, nursing home neglect is the failure to properly care for a resident’s needs. While neglect can be intentional, it is more often the result of inadequate staffing, poor training, or lack of oversight.

Examples of neglect include:

• Not providing necessary food, water, or a clean and safe environment
• Failing to assist with personal hygiene
• Not repositioning immobile residents, leading to bedsores
• Failing to provide needed medical care and medication
• Not addressing safety hazards that can lead to slip and fall accidents

Neglect may not leave visible scars like abuse does, but it is equally dangerous. Depriving vulnerable elders of basic necessities and care can result in physical and mental decline, increased risk of infections and illnesses, and even premature death.

Red Flags to Watch For

Some warning signs may indicate your loved one is suffering abuse or neglect in their nursing home:

• Unexplained injuries like bruises, welts, or scars
• Sudden changes in alertness or emotional withdrawal
• Poor hygiene or unwashed clothes/bedding
• Unusual weight loss or signs of malnutrition
• Frequent falls or fractures
• Missing possessions or sudden financial changes

While these don’t always mean abuse or neglect is happening, any suspicions should be taken seriously and investigated.

Protecting Your Loved One

If you believe your family member may be experiencing abuse or neglect in their nursing home, take these steps:

1. Document everything. Keep a record of any questionable incidents, injuries, or changes in your loved one’s condition. Take photos if you notice visible signs of harm.
2. Report it. Tell the nursing home administrators about your concerns and ask how they will address the issue. Report suspected abuse to Adult Protective Services.
3. Consult a nursing home abuse attorney. An experienced lawyer can advise you of your loved one’s rights, help you investigate, and pursue legal action if needed to get justice and prevent further mistreatment. We offer free consultations statewide.

You placed your trust in the nursing home to compassionately care for your loved one. If they violated that trust through abuse or neglect, you have the power to hold them accountable.

At The Higgins Firm, we are committed to advocating for vulnerable elders and their families nationwide. You don’t have to face this painful situation alone – we’re here to help.