Is elder abuse on the rise in Virginia?

Ask the average person how much they know about elder abuse.  Probably not much.  Elder abuse is one of those terrible problems that people typically don’t learn much about until it happens to somebody they love.

Elder abuse and neglect experts are concerned that without a better public education program, abuse of elderly and incapacitated individuals will go on unchecked.  Especially concerning is the fact that many Americans from the boomer generation are approaching the age in which they require nursing home, assisted living, or in-home care.

Elderly, physically or mentally incapacitated, or injured individuals are vulnerable to abuse at the hands of caregivers, family members, other elders, or – less often – strangers.  Even seniors who are in full control of their senses are vulnerable to abuse, especially financial abuse.

Financial abuse is seen as many as a growing threat, especially as the world economy continues to struggle.  Virginia elders may find themselves the target of family members or friends who are down on their look and looking for easy money.

Elder abuse will not stop unless people become more willing to speak up about it. If you suspect that your loved one is suffering at the hands of a nursing home staff member, assisted living facility worker, home healthcare aide, another family member, or a friend – SPEAK UP.  Your willingness to take action could very well save a great deal of pain and heartache.

2010 Nursing Home / Assisted Living Cost of Care Survey Released

Genworth Financial has released its 2010 Cost of Care survey, which examines the average costs for Home Care Providers, Adult Day Health Care Facilities, Assisted Living Facilities and Nursing Homes.

Wondering how costs compare in the different types of care situations?  Consider these national and Virginia statistics:

• Home Health Care (Non-Medicare Certified, Licensed): $17.48 median hourly rate ($17 an hour or $37.752 per year in Virginia)
• Home Health Aide Services (Non-Medicare Certified, Licensed):  $18.50 per hour ($18 per hour for Virginia or  $41,184 per year)
• Home Health Aide Services (Medicare Certified):  $46.22 national medial hourly rate
• Adult Day Health Care: $9.91 per hour or $53.59 per day, national median rate (median daily rate $53 in Virginia, or $13,780 per year)
• Assisted Living Facility (Private One Bedroom):  $2,825.25 average median monthly rate ($3,599 median monthly rate in Virginia, or $43,182 per year)
• Nursing Home (Semi-Private Room): $183.25 average median daily rate ($180 average median daily rate in Virginia, or $65,700 per year)
• Nursing Home (Private Room): $203.31 average median daily rate ($200 in Virginia, or $73,000 per year)

As you can see, the prices vary considerably depending on the type of care needed.  Unfortunately, just because you pay a higher price for care does not mean that your loved one will be immune to nursing home abuse or neglect.

What is the difference between nursing home abuse and nursing home neglect?

Concerned that an elder in your life is being mistreated at a Virginia nursing home?  You may be wondering about the difference between “abuse” and “neglect” as it pertains to Virginia elders.

Make no mistake: both elder abuse and elder neglect are crimes in Virginia – the law is very clear on this.

Elder abuse when somebody deliberately and willfully inflicts physical or mental pain or anguish on a nursing home or assisted living resident.  It can also be abuse if an elder is restrained unreasonably (i.e. physically restrained in a bed with straps, which is sometimes done to avoid falls).

Elder neglect is when somebody fails to provide for an elder, whether by failing to provide enough food or drink, failing to give needed medication, failing to change sheets or bedpans, or failing to provide necessary medical or social service.

The difference can be simplified as: abuse is when somebody does something to an elder, whereas neglect is when somebody fails to do something for an elder.  Both abuse and neglect can lead to injury, suffering, and even death.

Do you suspect that a loved one is being taken care of poorly – or not being taken care of at all?  Please don’t wait for the situation to get worse!  Contact our compassionate and discrete elder abuse & neglect attorneys today – we’ll help guide you with how to handle your situation.

Elder financial abuse in Virginia is a serious cause for concern

How big is the problem of elder financial abuse in Virginia?  The honest answer: nobody knows.

What experts suspect is that the problem is far worse than current estimates, and it may be getting worse as the economy continues to founder.  In addition, as the ‘baby boomer’ generation ages and becomes less mobile and more isolated, state and federal officials fear that they will become prey to scam artists and desperate family members.

One study by Met Life estimates that the financial loss from elder financial abuse is at least $2.6 billion.  However, it is probably more, a suspicion that is fueling concern from advocacy groups.  Why, you may be wondering, is the scope of this problem so hard to nail down?

One big reason is that often financial abuse is perpetrated by a family member or a friend.  In these situations, the elder may feel embarrassed or ashamed that they let somebody close to them take advantage of them.  Or, the elder may be worried about getting the police involved in a ‘family matter’.

Sadly, some elders fear that they will lose the only companionship they have if they put a stop to a friend or loved one’s financial exploitation.  Others have been threatened by perpetrators.  Because financial matters are often considered personal business, elder abuse and exploitation will continue to be underreported unless this issue get the attention it deserves.

If you suspect that an elderly person you know is being exploited financially in Virginia, you can take action.  If you would like to speak with a skilled nursing home abuse attorney, please contact the attorneys at Dulaney, Lauer & Thomas.  You can discuss your case confidentially with our experienced lawyers, for no cost or obligation.

Are nursing homes doing enough to prevent falls?

Nursing home falls can lead to broken bones, serious injury, and even death.  Considering how devastating falls can be for nursing home residents, the question has to be asked: are Virginia nursing homes doing enough to prevent falls?

One thing that does not prevent falls is routine restraint use.  Some nursing homes will use restraints, thinking that residents will be less likely to fall, but the reverse is true.  Studies show clearly that restraint use actually increases the likelihood that a resident will be injured or killed in a fall.  Not only that, but routine restraint use can be demoralizing for elderly residents and an overreliance on restraints can be equated to abuse.

Nursing homes can prevent falls by using a variety of tactics that include medical intervention, physical rehabilitation and making changes to resident’s living environment.

1. If a patient falls, staff and doctors should evaluate the person to understand what caused them to fall (physical limitations, environmental problems) and treat the underlying problem.
2. Nursing home staff should be educated about fall risk factors and strategies that can be used to prevent falls.
3. Staff can make changes to the nursing home environment to reduce the likelihood of a fall.  Changes include secure railings and grab bars, lower beds, raised toilet seats and ensuring rooms and common areas are clean, well-lit and clutter free.
4. Staff can outfit residents with hip pads that can reduce the likelihood that their hip will break in a fall.
5. Beds can be equipped with alarms that alert staff if a resident who needs help to move tries to get up without assistance.

Read more about nursing home falls in our law library articles “The Danger of Nursing Home Falls in Virginia” and “Virginia Nursing Homes and Restraint Abuse”.

The many faces of nursing home abuse and neglect

Elder abuse isn’t only about bedsores or cuts and bruises.  It can be subtle, and can take many forms.  If you have the feeling that something isn’t quite right at your loved one’s nursing home, don’t be afraid to speak up.

If you are confused about what might be considered nursing home or assisted living abuse, here are some different types:

• Physical abuse that involves hitting or harming an individual’s body
• Neglect is when caregivers fail to meet a person’s basic needs, such as failing to provide medication, causing malnutrition or dehydration by failing to feed or offer drinks, failing to supervise a resident who subsequently falls and hurts themselves, and more.
• Emotional abuse includes yelling, insults, intimidation, threats and harassment of a resident.
• Sexual abuse involves inappropriate sexual touching, conduct or penetration against a resident’s will or without a resident’s consent.
• Financial exploitation happens when somebody misuses a resident’s bank accounts or takes control of their insurance, checking or savings accounts, insurance or other financial documents without consent.

Being alert about the different forms of nursing home abuse is the first step towards prevention.  If you know what to look for, you are more likely to spot a small problem before it becomes a major issue.

Please read “Signs of Nursing Home Abuse and Neglect” to learn more about how to spot nursing home abuse and neglect.

Dangers of restraint abuse in Virginia nursing homes

Restraint use in Virginia nursing homes is a controversial topic; however, there are times that their use is justified.  Problems arise when restraints are used incorrectly or excessively, and restraint abuse can lead to charges of abuse or neglect, or even death.

Some researchers estimate that restraints are an avoidable proximate cause of death in 1 out of every 1,000 nursing home deaths.  Hospitals and nursing homes have been sued for restraint-related injuries, and they have had to pay for their neglectful treatment of residents.

Studies have even shown that the very restraints used to prevent falls have not only increased the severity of falls, but have contributed to resident deaths.  Restraint use actually increases the likelihood that a resident will be seriously injured in a fall.

Adverse effects of restraint use on elderly nursing home residents:

• Death by strangulation (fall while being restrained)
• Increased chance of injury from falls
• Skin trauma like tears, cuts, bruises, and abrasions
• Decresase in muscle mass and tone from lack of movement
• Psychological effects like fear, anger, depression, humiliation, worsened dementia
• Physiological effects like cardiac distress, incontinence, bone demineralization, constipation, dehydration

You can read more about nursing home restraint use and abuse in our law library article “Virginia Nursing Homes and Restraint Abuse”.  Please contact us if you suspect that a loved one is being abused or neglected in a Virginia nursing home.

How the bad economy is contributing to cases of elder abuse

An unfortunate side effect of the poor economy is the increase in financial abuse of elderly people by the very individuals charged with their care.  Many elderly people are too physically frail or mentally unable to understand what is being done with their finances without their approval.

In cases where the elderly person is aware of the financial abuse, they may not speak up because they fear that their care will be compromised.  Financial abuse – like any other kind of abuse – creates a power shift that puts the abuser in control.

While many kinds of financial exploitation of the elderly is done surreptitiously, in some cases family or friends have borrowed money with the intention of paying it back.  However, with the economy still depressed borrowers now find themselves unable to make good on their word.

According to MetLife Mature Market Institute, more than half of all financial elder abuse cases are perpetrated by family members or caregivers.  One way for seniors to keep a lookout for their finances is to have a trusted third party regularly review all of their financial statements.

Another tip for seniors is to put any loans in writing, including payback terms.  You can read about the signs of financial abuse in our article, “Signs of Nursing Home Abuse and Neglect”.

Types of elder abuse at nursing homes and assisted living facilities

Elder abuse is a term that describes any intentional or negligent act by a caregiver, facility staff member, or other person that causes harm or risk of harm to a vulnerable adult.  There are a variety of different kinds of elder abuse and neglect which are summarized below:

·        Physical Abuse – Causing physical pain or injury to a vulnerable elder or threatening to inflict pain or injury.  Physcal abuse can also mean depriving a resident of a basic need.

·        Neglect – the failure to provide food, shelter, health care or protection for a vulnerable elder.  Neglect can be a conscious or act or can be the result of poor care or training.

·        Sexual Abuse - Non-consensual sexual contact of any kind with a vulnerable adult

·        Emotional Abuse – when mental pain, anguish, or distress is inflicted on a vulnerable adult.  Emotional abuse is caused by either verbal or non-verbal acts.

·        Financial Exploitation – Taking, using or concealing funds, property, or assets of a vulnerable elder without permission.

·        Abandonment – when a vulnerable elderly person is deserted by the person responsible for their care or custody (i.e. leaving the person in a public place).

Read more about the signs of elder abuse and neglect in our law library article “Signs of Nursing Home Abuse and Neglect”.

Nursing Home Residents’ Rights

More than two decades ago, the U.S. Congress requested that the Institute of Medicine conduct a study regarding the care of nursing home residents.  The study’s findings were alarming. According to researchers, nursing home residents were often the victims of abuse and neglect.  It was also found that they were not receiving adequate care.  As a result of this study, the Nursing Home Reform Act, which is part of the Omnibus Budget Reconciliation Act of 1987, established guidelines for nursing homes.

Nursing home residents are now protected under the Nursing Home Reform Act and are given certain legal rights.  Nursing home facilities that receive Medicaid or Medicare must provide specific services to residents, including a comprehensive care plan, nursing services, social services, rehabilitation, periodic assessments, dietary services and pharmaceutical services.  If the nursing home has more than 120 beds, there must be a full-time social worker.

One of the major changes that came about as a result of the Nursing Home Reform Act had to do with mandatory reviews.  At least every 15 months, an inspector will go to a nursing home to conduct a survey, which includes interviews with residents.  The survey is unannounced and focuses on the rights of residents, quality of care, quality of life and services being rendered.  If there are complaints being made about a nursing home, a complaint investigation will be initiated.

If a nursing home is in violation of the Nursing Home Reform Act, a citation or deficiency notice will be issued.  The severity of the citation depends on the violation.  Remedies will be given to correct the violation.

Nursing home abuse is devastating for the victim and the victim’s family members.  If you feel that your loved one may be the victim of nursing home neglect or abuse, contact Dulaney, Lauer & Thomas, LLP at 888-907-2631 for the Warrenton office or 800-741-1012 for the Culpeper office.

The article, Nursing Home Reform Act – Rights of Nursing Home Residents, has more information on this topic.