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.

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.