Nursing home abuse is an all-inclusive term for the inappropriate treatment of nursing home residents by anyone and can include physical, mental, financial, or sexual abuse. Nursing home neglect specifically addresses the conduct of employees or caregivers who fail to provide the care necessary to meet the needs of residents.
Nursing Home Abuse and Neglect in Montana
Under the Montana Vulnerable Adult Prevention of Abuse Act, abuse is defined as:
- The infliction of physical or mental injury
- The deprivation of food, shelter, clothing, or services
- Publishing or distributing text or images intending to demean or humiliate
Neglect is the failure by a person who has assumed responsibility for the care of a vulnerable adult, either legally, contractually, or voluntarily, to provide food, shelter, clothing, or the services necessary to maintain the resident’s physical or mental health.
Federal Law Governing Abuse and Neglect in State Long-Term Care Facilities
Residents of state long-term care facilities have the right to be free of abuse and neglect under federal law. The federal definition of abuse includes any of the following that result in physical harm, pain, or mental anguish:
- The willful infliction of injury
- Unreasonable confinement
- Intimidation
- Punishment
- Deprivation of the goods and services necessary for physical, mental, or psychosocial well-being
Neglect is defined as a specific failure by a long-term care facility to provide the goods and services necessary so that a resident can avoid physical harm, pain, mental anguish, or emotional distress.
Mandatory Reporting of Suspected Abuse
Montana (and federal law) requires nursing homes, their employees, healthcare providers, and certain other people who interact with a nursing home resident to report incidents of suspected abuse to the Department of Public Health and Human Services.
How common is Nursing Home Abuse?
Although there is not a lot of empirical data confirming the frequency of nursing home abuse, based on what is known, it is estimated to be quite high and likely to increase as the population continues to age and require institutional care.
According to the World Health Organization (WHO), 64% of the staff in nursing homes and other long-term care facilities have admitted to committing some type of abuse toward a resident. WHO also reports there has been a significant increase in abuse during and since the COVID-19 pandemic.
Psychological abuse is the most common type of mistreatment experienced by nursing home residents and occurs about twice as often as physical abuse.
Nursing Home Abuse and Neglect are significantly Under-Reported
It is estimated that only about 4% of the abuse and neglect occurring in nursing homes is actually reported. Caretakers who may be committing abuse or neglect have no incentive to report their actions, and residents may be unwilling or unable to report what is happening. Residents remain silent due to:
- Fear of retaliation
- Feeling shame or embarrassment
- Anticipating worse consequences if they speak up
- Being unable to communicate
That’s why it’s so important for families and friends to regularly visit nursing home residents and be alert for any signs of abuse or neglect.
What to Do to Protect Your Loved One from Suspected Nursing Home Abuse or Neglect
Nursing home abuse and neglect are due to failures at the institutional level. Family and friends need to maintain regular contact with a loved one in a nursing home, including visiting the facility. Take note of warning signs such as unexplained injuries, behavioral changes, and indications that a resident is not having their basic needs met.
In addition to local law enforcement, if appropriate, suspected abuse or neglect should be reported to the nursing home’s management. State and regional Long-Term Care Ombudsmen can help facilitate the resolution of resident care issues. Complaints can also be filed with the Montana Department of Health and Human Services at Adult Protective Services and Certification and Licensure.
Nursing home residents and their families may also want to consult a Butte nursing home abuse lawyer to learn about available legal options.