In 1965, the United States Federal Government, as a part of the emerging Medicare and Medicaid programs, developed nursing home guidelines and regulations. Since then, the U.S. Department of Health and Human Services has developed additional regulations for nursing homes to follow in providing care for their residents. Those regulations include definitions and prevention guidelines for elder abuse issues. Reviews conducted by the State of Ohio to uncover abuse in nursing homes, however, have proven to be less than adequate. If you suspect that a nursing home may be violating a patient’s rights, it is appropriate to seek immediate help on the behalf of the patient or patients.

Abuse at the hands of a caregiver occurs whenever another person acts in a willful or reckless manner that has the potential to result in physical injury or death. Sometimes the abuse is simply in the failure to take action to prevent injury or death, such as in cases of neglect. Bruises, broken bones, or a sudden decline or change in physical or mental health, are signs that a resident may be a victim of abuse.

The State of Ohio operates under laws designed to protect nursing home residents from 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 and it, too, is a violation of a resident’s rights.

Threats of punishment, humiliation, and harassment have been defined to be mental abuse. Additionally, verbal, written or gestured messages that convey a negative or belittling message, even if the patient’s mental state or disability prevents comprehension, is considered abusive. A resident may not be prevented from interacting with other residents or have access to his/her room except under brief, monitored circumstances and to do so is also deemed within the law to be mental abuse.

If you have reason to believe 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 Ohio should be directed to the Ohio Department of Health or to an Elder/Nursing Home Abuse Attorney at the earliest opportunity. An Elder/Nursing Home Abuse Attorney is experienced in advising and protecting the rights of nursing home residents.

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