if an older person or a vulnerable person suffers a personal injury or death that is caused by abuse or neglect or
? suffers a loss of money or property caused by exploitation,
? the person who caused the injury, death or loss is liable to the older person or vulnerable person for two times the actual damages incurred by the older person or vulnerable person.
Infliction of pain, injury or mental anguish
For the purposes of this section ( NRS 41.1395):
(a) "Abuse" means willful and unjustified:
(1) Infliction of pain, injury or mental anguish; or
(2) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person or a vulnerable person.
(b) "Exploitation" means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to:
(1) Obtain control, through deception, intimidation or undue influence, over the money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his money, assets or property; or
Elder abuse is a general term used to describe certain types of harm to older adults
Elder abuse is a general term used to describe certain types of harm to older adults. Other terms commonly used include: "elder mistreatment," "senior abuse," "abuse in later life," "abuse of older adults," "abuse of older women," and "abuse of older men."
One of the more commonly accepted definitions of elder abuse is "a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person
The core feature of this definition is that it focuses on harms where there is "expectation of trust" of the older person toward their abuser. Thus, it includes harms by people the older person knows or with whom they have a relationship, such as a spouse, partner or family member, a friend or neighbor, or people that the older person relies on for services. Many forms of elder abuse are recognized as types of domestic violence or family violence.
Elder abuse does not include general criminal activity
The term elder abuse does not include general criminal activity against older persons, such as home break ins, "muggings" in the street or "distraction burglary", where a stranger distracts an older person at the doorstep while another person enters the property to steal.
The abuse of elders by caretakers is a worldwide issue. In 2002, the work of the World Health Organization brought international attention to the issue of elder abuse
Over the years, government agencies and community professional groups, worldwide, have specified elder abuse as a social problem
Patient abuse or neglect is any action or failure to act
Patient abuse or neglect is any action or failure to act which causes unreasonable suffering, misery or harm to the patient. It includes physically striking or sexually assaulting a patient. It also includes withholding of necessary food, physical care, and medical attention. It applies to various contexts such as hospitals, nursing homes, clinics and home visits.Frequently, we recognize five different forms of patient's abuse. These are five types of abuse verbal, abuse by failure to act, Condoning, physical, sexual abuse. Verbal abuse is any verbal commination, which violates the well being mental or physical comfort. Here are some forms of verbal abuse yelling, or harassment, intimidation or threats, cursing or foul language, or nicknames that are not requested by the patients.
Abuse by failure to act
Abuse by failure to act is includes neglecting the care of the patient, which results in physical or psychological harm. Condoning abuse is when an employee permits abusive conduct verbal or physical toward a consumer by any staff, patient, or any other person. Physical abuse is when a staff member shoves, pushes, trips, or uses any type of physical force, which is unnecessary or excessive. is any contact, verbal or physical, of a sexual nature between a staff and patient. This also includes a staff member's failure to discourage sexual advances toward staff by a patient. Sexual abuse also includes a staff member permitting the sexual exploitation of a patient by another patient
Involuntary seclusion -- Separation of a resident from others or from his room against the resident's will or the will of the resident's legal representative. Temporary monitored separation from other residents will not be considered involuntary seclusion and may be permitted if used as a therapeutic intervention as determined by professional staff and consistent with the resident's plan of care.A nursing home, convalescent home, skilled nursing unit (SNU), care home, rest home, intermediate care, or old folk's home provides a type of residential care. They are a place of residence for people who require constant nursing care and have significant deficiencies with activities of daily livingAll nursing homes in the United States that receive Medicare and/or Medicaid funding are subject to federal regulations. People who inspect nursing homes are called surveyors or, most commonly, state surveyors. State surveyors may inspect for compliance with licensure (State regulations) and/or ce
Quality of life
For United States SNFs and NFs, the Centers for Medicare and Medicaid Services has a website which allows users to see how well facilities perform in certain metrics (see "Nursing Home Compare Tool" in the external link section below). CMS also publishes a list of Special Focus Facilities - nursing homes with "a history of serious quality issuesCMS also publishes a list of Special Focus Facilities - nursing homes with "a history of serious quality issues."[ The US Government Accountability Office (GAO), however, has found that state nursing home inspections understate the number of serious nursing home problems that present a danger to residents. The GAO concluded that while CMS oversight has improved, there are still weaknesses in its oversight of nursing homes.j
90% of nursing homes were cited for federal health or safety violations in 2007
A report issued in September 2008 found that over 90% of nursing homes were cited for federal health or safety violations in 2007, with about 17% of nursing homes having deficiencies causing "actual harm or immediate SNFs and NFs are subject to federal regulations and also strict state regulations. The nursing home industry is considered one of the two most heavily regulated industries in the United States (the other being the nuclear power industryWhen considering living arrangements for those who are unable to live by themselves, potential customers consider it to be important to carefully look at many nursing homes and assisted living facilities as well as retirement homes, keeping in mind the person's abilities to take care of themselves independently. While certainly not a residential option, many families choose to have their elderly loved one spend several hours per day at an adult daycare center
Resident oriented care is where nurses are assigned to particular patients and have the ability to develop relationships with individual patients. Patients are treated more as family, as opposed to random patients in an institution. Using resident-oriented care, nurses are able to become familiar with each patient and cater more to their specific needs, whether they be emotional or medical. In contrast, institutional care is institution-centered. The focus is staff convenience and efficiency. Staff perform tasks rather than interact with residents to achieve desirable resident outcomes. Where resident-centered staff know residents by name, institutional staff identify residents by room number, diagnosis, or a task like "feeders" for residents who need help to eat.
Nursing Home Abuse Horror
CBS news is reporting the horrific tale of a nursing home abuse caught on camera. This story involved a nurse, who was supposed to be caring for a patient, dump the elderly woman out of her wheelchair and onto the floor. This has led the state's attorney general to file criminal charges against the nurse. This was an easy indictment considering the fact the entire video was recorded by a camera implemented to protect the patients. The video shows the employee pushing a medication cart. The employee then suddenly abandons the car and heads towards the elderly patient in the wheelchair. The employee then jerks the chair sharply to the left and the 85-year-old woman who suffers from dementia, goes flying to the ground. It is during this fall that she breaks her hip. The worst part of the story occurs next. While the elderly patient is flailing on the ground with a broken hip, the employee simply walks right by the patient.
The National Center on Elder Abuse
The National Center on Elder Abuse estimates that as many as one in ten elders experience some form of abuse, but only one in five cases gets reported. They define elder abuse as "neglect, exploitation or 'painful or harmful' mistreatment of anyone 65 or older," and the abuse can be financial, physical or psychological.
We've all heard the horror stories that surface regularly in the news - the abusive caregivers, the financial scams that can cost gullible elders their homes. Perhaps less obvious is the neglect that can stem from isolation, especially when dementia, mental illness or substance abuse are involved. Elders living alone, far from involved family, can suffer from self-neglect when they're unable or unwilling to care for their own needs.
Additional resources provided by the author
Howard Roitman, Esq.
8921 W. Shara Ave
Las Vegas, Nevada 89117