Entrusting an elderly family member to a nursing home is a tough decision to make. It requires thoughtful consideration, family discussions, and professional recommendations to fully count on long-term care facilities. Nursing homes are expected to respect, look after the needs of, and take good care of the seniors. However, that is not always the case. Sadly, elder abuse is common and an ongoing problem in Colorado, as it is in many states.

Rates of elder abuse are high, threatening the safety and well-being of the vulnerable victims. About five million older Americans, mostly in nursing homes and long-term care facilities, suffer abuse each year. The World Health Organization reported that two out of three staff in assisted living facilities admitted that they had committed abuse while at work.

Forms of nursing home abuse

Elder abuse is defined as an intentional act, or the failure to act, that causes harm to a vulnerable person older than 60. The intentional harm is done by a caregiver or another individual who is trusted to provide appropriate care and support for older people. Sometimes referred to as mistreatment, abuse among the elderly is a serious issue that can take several forms:

1. Physical abuse: It occurs when nursing home staff cause bodily pain or injury to an elderly person. This abuse can range from slapping, hitting, and shoving to severe beatings and inappropriate use of restraints such as ropes or chains. It also includes pushing, kicking, pinching, biting, or burning the senior, as well as the incorrect use of medications.

2. Verbal, emotional, or psychological abuse: It happens when long-term care facility staff use coercive or threatening behavior to harm an older adult. This abuse involves humiliating, shouting, swearing, making insulting or disrespectful comments, or repeatedly ignoring the victim. An abuser of this kind also treats the elderly individual as if they were a child and isolates them from family or friends, or detaches them from regular activities.

3. Sexual abuse: It is any forced or non-consensual sexual contact. This abuse includes inappropriate touching, taking photos or videos of the senior in suggestive poses, forcing them to watch sexual activities or pornography, and any unwanted sexualized behaviors.

4. Financial abuse or exploitation:  It is the act of stealing money or personal belongings or withholding the resources of an older individual. Financial abuse or exploitation happens when a caregiver misuses the finances of an elderly person for embezzlement or takes the retirement fund or Social Security benefits. It also involves forging checks, using credit cards and bank accounts, and changing names on a will, bank account, life and health insurance policy, or land title without permission.

5. Neglect: It is the failure to provide for and meet the necessary care and needs of an older person. It can either be intentional or unintentional. Neglect occurs when assisted living facility staff fail to give food, water, clothing, medications, help with daily activities, or assist the elderly with personal hygiene.

Risk factors for elder abuse 

Abuse of older individuals can happen anytime and to anyone. The factors that increase the probability of elder abuse can include people who:

• Are over the age of 60
• Suffer from an underlying health condition that affects their movement, mental state, function or senses.
• Require assistance in taking care of themselves or live in a community setting
• Are living alone or do not have family members, relatives, or a support group to look after them

Signs of elder abuse in nursing homes

Identifying the key indicators of nursing home abuse is an important step to help protect and save the older people. Signs of mistreatment include:

1. Physical signs:

• Unusual broken bones, bruises, cuts or scrapes, or burns
• Bedsores or pressure ulcers
• Malnourishment or unusual weight loss 
• Hints of dehydration
• Lack of hygiene or unclean and poor living conditions
• Ripped or bloody clothing or bedding
• Unexplained vaginal or anal bleeding or infections

2. Behavioral signs:

• Uncharacteristic or sudden changes in behavior
• Depression or anxiety
• Lack of interest or isolation from regular activities or social interactions
• Agitation or aggression toward specific long-term care facility staff
• Fearful and suspicious of being touched or approached
• Giving implausible or inconsistent stories and statements about their injury

3. Financial signs:

• Sudden changes in financial status
• Unexplained large withdrawals from bank accounts or other unusual transactions
• Indications of unpaid bills despite sufficient monetary resources
• Missing personal items or valuables
• Missing medications and other medical aids, such as walkers, dentures, eyeglasses, or hearing aids

Signs of elder abuse in nursing homes can also be seen from the caregivers. Possible characteristics of abusers are:

• Showing indifference, anger, or aggression toward the senior
• Failing to demonstrate care and concern toward the elderly individual
• Referring to the elder as if they were a burden or an inconvenience
• Telling contrasting and confusing explanations and narrations of injuries
• Having a history of mental illness, substance abuse, family violence, or criminal behavior
• Preventing the older person from privately talking to visitors
• Using provocative or inappropriate language around the elder

What to do if nursing home abuse is suspected

Unfortunately, several cases of elder abuse are unreported. An ongoing abuse without intervention can affect the physical health, mental state, and overall quality of life of older people. So it is important to report any suspicions to avoid further harm to the vulnerable victims. Here are the steps you should take if abuse is suspected:

1. Start documenting the abuse

Begin recording the detailed notes of incidents, including dates, times, and witnesses of the elder abuse. Take photographs or videos of any physical injuries, behavioral changes, or poor living conditions of the elderly victim.

2. Report the abuse

It is necessary to contact the nursing home administrator or director of the long-term care facility. Communicate your concerns and complaints to the management of the nursing home and request information about the condition of the elder patient and the caregiver involved in the abuse.

Report the incident to the Adult Protective Services agency. In Colorado, APS is committed to conducting an investigation of any suspected abuse and protecting vulnerable adults. The agency will be helpful as they offer protective services to improve the health, safety, and welfare of the elderly.

If possible, contact the police if you think that an older person is in danger. Filing a police report is beneficial, as it may be grounds for criminal charges against the abuser.

3. Consult with a lawyer

It is advisable to contact a lawyer when you suspect elder abuse in nursing homes. Nursing home abuse attorneys can provide guidance on your legal rights and the best course of action to take. They can also help with documentation and preservation of evidence, which are both crucial for any potential legal action.

Victims of elder abuse may be entitled to a civil claim to seek compensation for economic damages, pain, and suffering.

We at the Anzalone Law Offices believe that our vulnerable adults deserve to be cared for, loved, and respected. Our elderly people deserve to feel safe from harm. If your loved one has been a victim of elder abuse, contact our nursing home lawyer to advocate for you and your rights. We will passionately fight to obtain the compensation and justice you deserve. Give us a call and let us help you.