If you ever suspect that someone in a nursing home is in life threatening danger from abuse or neglect, you should not hesitate to call 911 or the local law enforcement agency. Requests for attention to non-emergency abuse or suspicions of abuse that may be occurring in a nursing home facility located in North Dakota should be directed to the North Dakota Department of Health or to an Elder/Nursing Home Abuse Attorney in that state at the soonest opportunity.

Nursing home guidelines and regulations were developed as a part of initiating the Medicare and Medicaid programs in 1965. Since then, the U.S. Department of Health and Human Services has developed a set of guidelines and regulations for nursing homes to follow in providing care for their residents. Those regulations include defining and addressing elder abuse issues.

A nursing home resident is usually at the mercy of his/her caregivers. Abuse occurs whenever another person acts in a willful or reckless manner that has the potential to result in physical injury or death. Sometimes abuse is in the failure to take action to prevent injury or death, such as in the case of neglect. Bruises, broken bones, or a sudden decline or change in physical or mental health, are signs that a resident may have been a victim of abuse.

The State of North Dakota has laws that prohibit elder abuse. Hitting, punching, slapping, poking, or pinching of a nursing home resident are examples of some types of physical abuse that are against the law. If a resident’s private body parts are touched or exposed for the purpose of anyone’s sexual gratification, without the resident’s expressed and informed consent, then sexual abuse has occurred. Abuse is a violation of a nursing home resident’s rights.

Sometimes abuse comes in the form of threats of punishment, in humiliation, or harassment. The use of verbal, written or gestured messages to convey a negative or belittling message, even if the patient’s mental state or disability prevents comprehension, is also abuse. Additionally, a resident may not be prevented from interacting with other residents or have access to his/her room except under brief, monitored circumstances. This, too, is a form of mental abuse.

Reviews conducted by the State of North Dakota to uncover abuse in nursing homes have proven to be less than adequate. If you suspect that a nursing home or care facility may be violating a patient’s rights, it is appropriate to seek help on the behalf of the patient or patients. An Elder/Nursing Home Abuse Attorney will provide the counsel and, if necessary, action needed to assure the safety and well being of the nursing home resident.

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