The purpose of this paper is to explore the problem of elderly abuse in nursing homes by first looking at how they operate, then by defining the most common types of abuse

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Nursing Home Abuse is Criminal Offense

 In our country the fastest growing population is over 65 and the numbers will doubled by the year 2040 and because of this more Americans are becoming residents in nursing homes.  Nursing homes seem to be a good choice for families with elderly adults who do not have the resources or the time to be their care givers.    Families who have to make the difficult choice of putting their frail loved ones into a nursing home have the right to expect the care given will be by professionals in a caring environment.  However, elderly abuse in nursing homes has been on the rise do to the fact that most people view it as a social problem rather than a criminal offense. According to the National Institute of Justice, “Criminal justice researchers have generally paid little attention to elder abuse until recently. No uniform reporting system exists, and the available national incidence and prevalence data from administrative records are unreliable due to varying State definitions and reporting mechanisms. A 2007 nationally representative study of over 7,000 community residing elders estimated that approximately one in ten elders reported experiencing at least one form of elder mistreatment in the past year” (2010 p.1).  Make no mistake abuse of residents in nursing homes is a serious problem that can have devastating consequences like serious injuries that can result in the death of that resident.  Our criminal justice system needs to make nursing homes accountable whenever they abuse, mistreat and neglect the elderly they have agreed to care for.  The most common types of abuse in nursing homes are; physical or sexual abuse,

 

The purpose of this paper is to explore the problem of elderly abuse in nursing homes by first looking at how they operate, then by defining the most common types of abuse prevalent in the nursing home environment and showing examples of each type of abuse. The paper will also look at the problems facing law enforcement when it comes to elderly abuse in nursing homes, as well as how elderly abuse can be prevented and reported.

Nursing Home Operations, Regulations, and Patient Rights

Nursing homes or skilled nursing facilities are for people who need 24 hour nursing care.  They offer both long-term and short-term care to the people who live there. Long-term care is for people who can no longer live by themselves because of physical, emotional, or mental problems. Short-term care is for people who need rehabilitation in order to be able to live independently again.  A nursing home provides shelter, meals, help with daily activities and social activities to their residents  All nursing homes are regulated by the state in which they operate and also have to be licensed in that state by the Department of Public Health. Nursing homes that want to receive money from Medicaid or Medicare have to be certified through inspections of the facilities to ensure that the residents are receiving quality care and services in a safe and comfortable environment according to rules established by U.S. Code of Federal Regulations (42 CFR Part 483). Under the regulations, the nursing home must:

o        Have sufficient nursing staff. (42 CFR §483.30)

o        Conduct initially a comprehensive and accurate assessment of each resident's functional capacity. (42 CFR §483.20)

o        Develop a comprehensive care plan for each resident. (42 CFR §483.20)

o        Prevent the deterioration of a resident's ability to bathe, dress, groom, transfer and ambulate, toilet, eat, and to communicate. (42 CFR §483.25)

o        Provide, if a resident is unable to carry out activities of daily living, the necessary services to maintain good nutrition, grooming, and personal oral hygiene. (42 CFR §483.25)

o        Ensure that residents receive proper treatment and assistive devices to maintain vision and hearing abilities. (42 CFR §483.25)

o        Ensure that residents do not develop pressure sores and, if a resident has pressure sores, provide the necessary treatment and services to promote healing, prevent infection, and prevent new sores from developing. (42 CFR §483.25)

o        Provide appropriate treatment and services to incontinent residents to restore as much normal bladder functioning as possible. (42 CFR §483.25)

o        Ensure that the resident receives adequate supervision and assistive devices to prevent accidents. (42 CFR §483.25)

o        Maintain acceptable parameters of nutritional status. (42 CFR §483.25)

o        Provide each resident with sufficient fluid intake to maintain proper hydration and health. (42 CFR §483.25)

o        Ensure that residents are free of any significant medication errors. (42 CFR §483.25)

o        Promote each resident's quality of life. (42 CFR §483.15)

o        Maintain dignity and respect of each resident. (42 CFR §483.15)

o        Ensure that the resident has the right to choose activities, schedules, and health care. (42 CFR §483.40)

o        Provide pharmaceutical services to meet the needs of each resident. (42 CFR §483.60)

o        Be administered in a manner that enables it [the nursing home] to use its resources effectively and efficiently. (42 CFR §483.75)

o        Maintain accurate, complete, and easily accessible clinical records on each resident. (42 CFR §483.75) (Department Of Health And Human Services, 2003).

Department of Health & Human Services states, (2008)   “Nursing home residents have patient rights and certain protections under the law. The nursing home must list and give all new residents a copy of these rights” which are:

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o        Respect: You have the right to be treated with dignity and respect

o        Services and Fees: You must be informed in writing about services and fees before you enter the nursing home

o        Money: You have the right to manage your own money or to choose someone else you trust to do this for you.

o        Privacy: You have the right to privacy, and to keep and use your personal belongings and property as long as it doesn't interfere with the rights, health, or safety of others.   .

o        Medical Care: You have the right to be informed about your medical condition, medications, ...

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