22 & June 2016
LEGAL HELP
– COLUMN PROVIDED BY –
859.333.3333 | www . beckerlaw . com 1344 S . Broadway , Suite A , Lexington , KY 40504
Be vigilant to the warning signs of Nursing Home & Elder Abuse
June is Elder Abuse Awareness Month
There is now a higher percentage of Americans aged 65 or older than in anytime in the history of our country , and as our population ages , many of us are faced with the daunting task of placing a loved one in a nursing home . When choosing a nursing home , the most important consideration is the safety and well being of our loved one , but with so many facilities from which to choose , how do you choose the right one ?
Resources to Help Choose the Right Nursing Home
Inspectors from the Office of Inspector General in Kentucky conduct annual , unscheduled inspections of all nursing homes operating in the Commonwealth . Inspection reports record any deficiencies found , the severity and frequency of the deficiency , whether the deficiency was corrected , and the amount of fines , if any , levied against the nursing home because of the type and seriousness of the deficiency . Kentucky Office of Inspector General Nursing Home Survey Inspection Findings are public records and can be accessed at http :// chfs . ky . gov / os / oig / LTCinspectionfindings . htm
By Kevin Renfro , Becker Law Office
Another excellent resource to evaluate all Medicare and Medicaidparticipating facilities is Nursing Home Compare found at http :// www . medicare . gov / nursinghomecompare / search . html
Nursing Home Compare is a nationwide database of all Medicare and Medicaid facilities , and includes the last three state inspection reports , complaints filed and deficiencies found in nursing homes throughout the United States . Medicare and Medicaidparticipating hospitals and home health agencies are also compared and evaluated in this report .
The Becker Law Office has also developed an e-book “ How to choose the right nursing home ” to help guide you in your nursing home selection process , including links to additional resources and helpful questions to ask when searching for the best nursing facility to meet the individual needs of your loved one . http :// www . beckerlaw . com / becker-nh-ebook /
Responsibility Continues Even After a Nursing Home is Chosen
The responsibility to our loved one does not end once a nursing home is selected . The U . S . Department of Health and Human Services estimates at least a half-million older Americans are abused , neglected or exploited every year , and according to the Kentucky Elder Abuse Committee , Kentucky averages 639 complaints with 217 substantiated complained of nursing home abuse each year .
Nursing home abuse can be either intentional abuse including physical , emotional , verbal , financial , or sexual abuse , and neglectful abuse occurs when someone entrusted with your loved one ’ s care fails to provide proper care either purposefully or unintentionally . Neglectful abuse may also arise when a nursing home fails to provide adequate staff to care for the needs of all their patients . Most nursing homes have excellent records of patient care , but sometimes they unintentionally hire people who abuse , neglect or exploit vulnerable patients , so it is essential not only to do your homework before choosing a facility , but to know the signs of elder abuse so you can continue to advocate on behalf of your loved one .
Once your loved one is placed in a nursing home , it is important to visit regularly and carefully observe the appearance , behavior and overall condition of your loved one for signs of elder abuse . Visit on different days and different times so your visit is not expected by staff and you can honestly assess the quality and level of care your loved one is receiving . The National Center on Elder Abuse caution patients suffering from dementia have a higher risk of being abused while in a nursing home so your regular presence and observation in that instance is even more crucial . Document what you see , hear and smell . Your eyes , ears , and nose are the most important tools you can use in detecting signs of nursing home abuse .
The most common signs of nursing home abuse include : Physical abuse including any unexplained lacerations or bruises particularly on the wrists or ankles indicating the use of restraints , lacerations or bruises on the buttocks , or unexplained broken bones . Accidents and bruising can happen , especially when dealing with elderly people , but repeated events or multiple injuries indicates something more is happening .
Emotional and verbal abuse manifested in the form of sudden depression , anxiety , insomnia , isolation from other patients , or withdrawal .
Financial abuse demonstrated through unexplained bank withdrawals or credit card charges , missing personal items or valuables , unexplained bounced checks , or reduction of personal services once provided that your loved one can now no longer unexpectedly afford .
Sexual abuse evidenced by unexplained cut or bruises on the legs , arms , buttocks and genital regions , or diagnosis of a sexually transmitted disease or genital infection .
Neglect exhibited through dehydration or malnutrition , unexplained weight loss , bedsores , poor hygiene and grooming , dirty clothing or bedding , or medication mismanagement including being given the wrong medicine , no medicine , or incorrect dosage or frequency of medication that is prescribed .
Lastly , observe how your loved one behaves when certain staff or other patients are in the room . If your loved one is suddenly quiet , nervous or fearful around certain staff members or patients , it may be a sign of abuse . Your loved one may be confused about what has happened to them , may not remember at all , or may be fearful of reporting abuse so your observations are critical .
The bottom line is do your homework before choosing a nursing home : visit several nursing home facilities ; talk to administrators , staff and other patients ’ families and ask questions about their experiences ; investigate data from state inspection reports to check for frequency and severity of deficiencies ; and observe how staff and administrators interact with current patients and their families . Most importantly , continue these practices after a nursing home is selected and your loved one is placed to ensure their continued proper care , safety and well being .
What Do You Do if You Suspect Nursing Home Abuse ?
If you suspect abuse , report it immediately to nursing home management and demands answers to the issues you observed . Kentucky is also a mandatory reporting state so if you suspect nursing home abuse , you are also required to report it to the Cabinet for Health and Family Services at 800-752-6200 .
About the Author Kevin Renfro , attorney and managing partner of the Becker Law Office has over 23 years of experience . He works diligently to get fair settlements for clients as quickly as possible . Cases range from automobile collision and premises liability to products liability and nursing home abuse . For Kevin , the work is about leveling the playing field for regular people against large corporations .
He holds an AV rating from Martindale- Hubbell and is part of The Million Dollar Advocates Forum , attorneys who have won million dollar + verdicts for clients . He has twice been honored as the Outstanding Board Member of the Kentucky Justice Association .