Warning Signs Of Elder Abuse & Neglect in Illinois Nursing Homes
A report titled “Abuse of Residents is a Major Problem in Nursing Homes”, prepared at the request of Rep. Henry Waxman, D-California, found that over a two-year period from January 1, 1999 through January 1, 2001, all violations reported in nursing homes “had at least the potential to harm nursing home residents”. This was for nursing homes in Illinois as well as in all other areas of the country. Of the more than 17,000 nursing homes nationwide, 5,283 nursing homes had been cited for an abuse and/or neglect violation and more than 1,600 of those nursing homes with abuse and neglect violations were considered serious enough to cause actual harm to residents or place residents in immediate danger of serious injury or death. The report said an additional 256 nursing homes were cited for violations that resulted in death or serious injury.
The reported abuses and neglect were physical, sexual and verbal. The report indicated all abuses and incidents of neglect are on the rise. More than twice as many nursing homes were cited for abuse and/or neglect in 2000 than in 1996. In 1996, 5.9 percent of all nursing homes were cited for an abuse or nelgelct violation during their annual inspections; in 2000, 16 percent of nursing homes were cited.
The report also said the findings most likely underestimate the magnitude of nursing home abuses and neglect of nursing home residents in the country because most violations either go undetected or unreported. This means the real numbers on abuse and on the incidences of Illinois nursing home neglect are unknown.
The major findings of the report were:
Over 30-percent of nursing homes in the United States were cited for abuses and/or neglect, totaling more than 9,000 abuse violation during the two year period. 1,327 homes were cited for more than one abuse and/or neglect violation in the two-year period; 305 homes were cited for three or more abuse violations, and 192 nursing homes were cited for five or more abuse violations. Yet, these homes continue to operate not only in Illinous, but all over the United States.
Ten percent of nursing homes had violations that caused actual harm or death to residents.
Over 40 percent, or 3,800 abuse and/or nelgect violations, were discovered only after a formal complaint was filed.
Illinois nursing home elder neglect, as is neglect in all areas of the United States is a form of elder abuse, which often goes unnoticed, but can turn deadly. We consumers believe nursing homes will be safe and so we entrust ourselves or our loved ones to a nursing home. We expect those in Illinois nursing homes to be well cared for. Learning to recognize the signs of abuse and neglect can save your life or the life of someone you love.
What is abuse?
In an Illinois nursing home, elder abuse is the infliction of physical, emotional, or psychological harm on an older adult. Elder abuse also can take the form of financial exploitation or intentional or unintentional neglect of an older adult by a caregiver or staff member of an illinois nursnig home. The signs of abuse and/or nelgect can be difficult to spot because they are often hard to distinguish from the normal effects of aging, but careful vigilance is necessary to protect those we love.
Nursing home abuse in Illinois nursing homes includes:
Neglect
Physical abuse
Mental/emotional abuse
Sexual abuse
Caregiver neglect can range from caregiving strategies that withhold appropriate attention from an individual to intentionally failing to meet the physical, social, or emotional needs of an older person. Weight loss, diminished appetite, becoming less active, and even falls and easy bruising are normal parts of aging, but neglect can accelerate all of these problems and lead to an early death.
Signs of neglect in Illinois nursing homes include:
Malnutrition
Dehydration
Weight loss
Clothes becoming too large
Dirty bedding
Dirty clothes
Poor hygiene
Bed sores
Infections
Sunburn
Unexplained bruises and/or injuries
Sunken eyes
Physical abuse of Illinois nursing home residents is not uncommon. Victims of abuse are often afraid to complain since they have been threatened with even worse reprisals. Some victims of abuse and neglect are incapable of voicing their concerns.
Warning signs of physical abuse and/or neglect in Illinois Nursing Homes include:
Open Wounds
Bruises/grip marks around arms/neck
Bruises or abrasions caused by restraints
Unreasonable sedation
Unexplained injuries
Withdrawal
Confusion and dementia
Sudden rude behavior toward family members and friends
Unusual behaviors such as sucking, biting or rocking
Mental/emotional abuse can be more difficult to spot because there are no visible physical injuries. It is no less dangerous, though, than other forms of abuse and can make life a living hell for nursing home residents. Victims are often told that if they report this kind of abuse they will be putting themselves or their loved ones in danger.
Signs of Mental or Emotional Abuse and/or neglect in Illinois Nursing Homes include:
Erratic behavior
Unreasonable fear/suspicions
Agitation
Depression/Withdrawal
Confusion and dementia
Loss of appetite
Refusal to socialize or participate in activities
Unexplained enforced isolation
Refusal to respond or communicate/Evasiveness
Sudden rude behavior toward family members and friends
Unusual behaviors such as sucking, biting or rocking
Sudden, unexplained decline in health
Although it is hard to imagine, sexual abuse is a very real problem in Illinouis nursing homes. The abuse is perpetrated either by the workers at the Illinois nursing home or other nursing home residents. Victims are often unable or too ashamed to report sexual abuse.
Signs of Sexual Abuse in Illinois Nursing Homes include:
Unexplained genital infections/venereal diseases
Unexplained genital or anal irritation or injury
Unexplained difficulty walking or sitting
Bruises and/or thumbprints around the breasts, buttocks, inner thighs, or genital area
Torn, stained, or bloody underclothing
Stained or bloody sheets
Fear, anxiety, or combativeness when a specific staff member attempts to help with bathing, dressing, or toileting
If your loved one has displayed any signs of abuse, you must act immediately to ensure the situation does not get worse. In the case of neglect, get involved in your loved one’s treatment and daily care to make sure they have been moved, groomed, bathed, etc. Family members make the best advocates for nursing home residents. When family members visit often and ask questions, staff members will be hesitant to engage in abusive activities or provide substandard care. Residents have rights, and involved family members will ensure that those rights are not violated by predators or careless staff.
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Federal Laws About Illinois Nursing Home Neglect
There are Federal and State laws that regulate all nursing homes, including Illinois nursing homes. Abuse and neglect of a patient in an Illinois nursing home is a violation of those laws and regulations. Abuse and neglect occur not only physically but also emotionally and mentally. The Federal Laws that regulate the Illinois nursing home industry, in order to prevent elder neglect and elder abuse, are located in the Code of Federal Regulations (CFR), Section 42.
There are regulations that cover many areas of a patient (residents) life in an Illinois nursing home and to protect the residents from elder abuse and elder neglect in Illinois nursnig homes. The website http://www.nursinghomesurveyor.com gives a wealth of information related to regulations for nursing homes, hospitals, and other health care facilities/organizations for all states, including Illinois.
The following are just some of the specific sections of the Code of Federal Regulations that govern Illinois Nursing Homes and help prevent elder abuse and elder neglect:
- Care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident’s quality of life (42 CFR 483.15).
- Promote care for residents in a manner and in an environment that maintains or enhances each resident’s dignity and respect in full recognition of his or her individuality (42 CFR 483.15).
- Ensure that the resident has the right to choose activities, schedules, and health care consistent with his or her interests, assessments, and plan of care (42 CFR 483.15).
- Conduct initially (no later than 14 days after admission) and periodically (after a significant change in the resident’s physical or mental condition and, in no case, less often than once every 12 months) a comprehensive, accurate, standardized, reproducible assessment of each resident’s functional capacity (42 CFR 483.20).
- Develop a comprehensive care plan for each resident that includes measurable objectives and timetables to meet the medical, nursing, mental, and psychosocial needs identified in the comprehensive assessment. The care plan must be developed within 7 days after completion of the comprehensive assessment and describe the services that are to be furnished. In addition, qualified persons must review, and if necessary revise, the care plan prepared after each assessment (42 CFR 483.20).
- Prevent the deterioration of a resident’s ability to bathe, dress, groom, transfer and ambulate, toilet, eat, and to use speech, language or other functional communication systems (42 CFR 483.25).
- Provide, if a resident is unable to carry out activities of daily living, the necessary services to maintain good nutrition, grooming, and personal and oral hygiene (42 CFR 483.25).
- Ensure that residents receive proper treatment and assistive devices to maintain vision and hearing abilities (42 CFR 483.25).
- Ensure that residents do not develop pressure sores and, if a resident has pressure sores, must provide the necessary treatment and services to promote healing, prevent infection and prevent new sores from developing (42 CFR 483.25).
- Provide appropriate treatment and services to incontinent residents to restore as much normal bladder functioning as possible and prevent urinary tract infections and to restore as much normal bladder function as possible (42 CFR 483.25).
- Ensure that the resident receives adequate supervision and assistive devices to prevent accidents (42 CFR 483.25).
- Ensure that a resident maintains acceptable parameters of nutritional status, such as body weight and protein levels (42 CFR 483.25).
- Provide each resident with sufficient fluid intake to maintain proper hydration and health (42 CFR 483.25).
- Ensure that residents are free of any significant medication errors (42 CFR 483.25).
- Maintain sufficient nursing staff to provide nursing and related services to attain or maintain the highest practicable physical, mental, and psycho-social well-being of each resident, as determined by resident assessments and individual plans of care (42 CFR 483.30).
- Ensure that the medical care of each resident is supervised by a physician and must provide or arrange for the provision of physician services 24 hours a day, in case of an emergency (42 CFR 483.40).
- Provide pharmaceutical services (including procedures that assure the accurate acquiring, receiving, dispensing, and administering of all prescriptions) to meet the needs of each resident (42 CFR 483.60).
- Be administered in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident (42 CFR 483.75).
- Maintain clinical records on each resident in accordance with accepted professional standards and practices that are complete, accurately documented, readily accessible, and systematically organized (42 CFR 483.75).
If you think that a you or loved one is/was the victim of nursing home elder abuse or nursing home elder neglect, you owe it to you and your family to try to find out what happened. It is important to talk with a Illinois lawyer experienced in Illinois nursing home neglect cases, elder law, and in the federal neglect regulations with which Illinois nursing homes must comply.
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How to Choose an Illinois Nursing Home That Cares Well for Elders
The aging of America and the change in culture has resulted in Illinois nursing homes being occupied in record numbers. Unfortunately, though, as the number of elderly residents in nursing homes increase, so do reports of widespread elder neglect and elder abuse. Nursing home elder neglect and elder abuse in Illinois Nursing Homes is frequently in the news these days.
Many cases of elder neglect and elder abuse in Illinois nursing homes go unreported by nursing home staff and by the elderly victims themselves. Several government studies suggest that about 90 percent of nursing homes nationwide, includnig Illinois Nursing Homes, are understaffed to begin with. The understaffing quickly leads to poor care and rampant nursing home elder neglect. Although most nursing home facilities try hard to provide a good experience for their elderly residents, the quality of care differs greatly between Illinois nursing homes. The sad truth about Illinois nursing homes is that a large number of them focus more on profit than on providing quality resident care to their elderly population.
When the time comes to choose a nursing home for you or an elderly member of your family, it is wise to perform extensive research about local Illinois nursing home facilities to be sure the best elder care and respect is available. This effort will take considerable time and effort on your part but your extensive planning is the least you can do for yourself or your elderly loved one.
When choosing a Illinois nursing home you will want to visit a variety of nursing homes. Talk with the administrators and the staff who care for the elderly residents and do a through visual inspection of the Illinois nursing home. Do not be easily impressed by fancy furniture and smooth talking Illinois nursing home administrators. Their job is to fill the rooms. Your job is to protect you or your elderly loved one.
- Look for well-groomed residents who are actively engaged in scheduled activities that the elderly residents are enjoying.
- Try to visit with a resident of each Illinois nursing home you consider. Does the elderly resident seem happy and positive? Do they wear a smile or a frown? Talk with the residents who are wheelchair bound. Are they well groomed? Are most of the people in the halls able to communicate with you? If their demeanor is slow and foggy you might wonder if they are neglected or over-medicated.
- Look for Illinois nursing homes with pressure sore survey ratings at near zero.
- Look for Illinois nursing homes with physical restraint survey ratings at near zero. A high incidence of physical restraints may indicate a home that substitutes restraints for proper staffing levels. This is an example of neglect, when excessive restraints are used.
- Even if an Illinois nursing home has appropriate staffing levels, take note of the quality of interaction between residents and the staff. Again, you are ,ooking for signs of nelgect in that particular Illinois Nursing Home.
- Gauge reactions to resident complaints. You can also get an idea of the relative number of complaints among Illinois nursing homes in an area by contacting your local long-term care ombudsman. These complaints can give you an idea of the level of care in the nursing home and the potential for elder neglect and abuse.
- Consider a non-profit Illinois Nursing home since these generally have lower deficiency ratings and higher levels of staffing. Higher staffing ratios tend to result in fewer cases of elder neglect and or abuse.
- Ask many questions of the people in charge of the Illinois nursing home. Find out exactly what is offered by the nursing home facility. What is the experience and longevity of nursing home staff? Are the elderly residents encouraged to leave their rooms and get regular exercise? Who makes decisions if an elderly resident’s health declines? What hospital is used in emergencies?
- Visit the Illinois nursing homes at different times of the day. Observe what the elderly residents are served at meals. Does the staff treat all elderly residents with respect or do you see signs of neglect?
- Is the Illinois nursing home clean? What do you smell when you walk in the door? Remember that a beautiful lawn and a sharp looking building does not necessarily reflect the quality of indoor housekeeping.
- Ask your family doctor to recommend an Illinois nursing home or to refer you to someone he or she knows who has experience with an Illinois nursing home. You could also talk to friends who have an elderly parent already in a nursing home.
- Use the internet. To turn up a wealth of information do a search for “Illinois nursing home ratings” and “Illinois nursing home compare”. You can also check out the ads you see realted to nursing homes. The site: www.nursinghomesurveyor.com is a site by a nursing home and hospital surveyor. Here you can learn a much about the survey and inspection of hospitals and nursing homes at this site and review much information that will help you a great deal. Another site to consider is www.ElderWeb.com. This site has has done extensive research to help the elderly.
- Check with your local hospital discharge representatives. Their jobs often involve contact with Illinois nursing homes.
- Be sure to obtain the inspection reports from your state agency in charge of surveying and inspecting Illinois nursing homes. These reports will give you a good idea fo the level of care or elder neglect in a facility. The website www.nursinghomesurveyor.com will have links to help you find these reports and interpret them.
Taking care and time in choosing an Illinois nursing home will provide a feeling of great satisfaction but is not the end of the process. Getting involved in your elderly loved one’s treatment and daily care to make sure they get appropriate care and attention is an important step to preventing Illinois Nursing Home abuse and neglect.
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