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Emotional Abuse in Nursing Homes
Generally, emotional abuse is not as easy to recognize as the other types of nursing home abuse, but the effects can be equally damaging to a resident. Unfortunately, such abuse occurs in nursing homes every day. Knowing what constitutes emotion abuse under the law and the warning signs can help you protect a loved one from an abusive environment. This overview provides some basic information. However, if you have additional nursing home abuse questions you should contact an attorney in your area to discuss your legal options.
What is the law regarding emotional abuse?
Today, most nursing homes receive federal funding. If a nursing home receives federal funding, it must comply with federal regulations set forth in the Nursing Home Reform Act. Under the federal standards, a nursing home must provide each resident with the "necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being." 42 C.F.R. § 483.25.
The federal law requires that a nursing facility must promote each resident's quality of life. 42 C.F.R. § 483.15. This means that the facility must maintain dignity and respect for each resident. 42 C.F.R. § 483.15.
What is emotional abuse?
Emotional abuse can stem from a variety of circumstances or facility staff actions. It is generally defined as the infliction of anguish, pain, or distress through verbal or nonverbal acts. The abuse can come through tactics such as harassment, insults, intimidation, manipulation, sarcastic remarks, or threats. However, it can also come though isolation from loved ones or other residents, dirty looks, silence, or the limitation of regular healthy social activities.
Obviously, most nursing facilities do not officially promote emotional abuse. However, some facilities fail to properly supervise or train their employees. Furthermore, a nursing facility may employ workers who are not suited to working with nursing home patients. For example, the facility may fail to conduct background investigations. In addition, a facility may not have a proper staff to resident ratio. The staff may become emotionally unstable when they are overworked, thus leading to a greater chance for resident abuse.
What are the warning signs of emotional abuse?
Emotional abuse does not always clearly manifest itself. Often, an emotionally abused resident may fear the consequences of speaking up for themselves. Therefore, it is generally up to family and friends to recognize the early warning signs of emotional abuse. If you recognized the warning signs, you will have a better chance of protecting your loved one from future abuse.
Some of the warning signs of emotional abuse include:
- Nervousness
- Withdrawal and lack of interest
- Fear of specific staff members or residents
- A report of abuse
- Other unusual physical or verbal behaviors
- Depression
Conclusion
If you notice any of the warning signs, discuss the occurrence(s) with the nursing facility administration. It is rare for emotionally abusive behavior to be isolated to one nursing home resident. Therefore, reporting may help not only your loved one, but other residents of the facility. Finally, if the facility dismisses your report you may need to contact a lawyer to discuss your legal options. An experienced elder law attorney can provide you with answers to your legal questions and inform you of your rights.
Form: Emotional Abuse in Nursing Homes
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Emotional Abuse in Nursing Homes
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