The U.S. Department of Health and Human Services has developed regulations for nursing homes to follow in providing care for their residents. Some of those regulations include definitions and guidelines designed to help prevent elder abuse. Despite these regulations, reviews conducted by the State of Oklahoma to uncover abuse in nursing homes remain limited. If you have cause to believe or suspect that a nursing home may be in violation of patients’ rights, there are important steps you can take to provide help on behalf of the residents.

Definitions of abuse will identify it as a willful or reckless act by another person that has the potential to result in physical injury or death. Abuse is also found in the failure to take action to prevent injury or death, including neglect. Some obvious signs that should alert us to the possibility of abuse would include bruises, broken bones, or a sudden decline or change in physical or mental health. The State of Oklahoma has laws in place to protect elders from abuse.

Hitting, punching, slapping, poking, or pinching are abusive behaviors and are prohibited by the regulations that govern nursing home operations. If body parts are touched or exposed for the purpose of anyone’s sexual gratification, without the resident’s expressed and informed consent, those acts are considered to be sexual abuse and the resident’s rights are being violated.

The laws protect nursing home residents from other types of abuse as well as physical abuse. Emotional abuse includes humiliation, harassment, or threats of punishment, as well as seclusion that prevents interaction with other residents or access to his/her room (except for certain brief, monitored periods). Additionally, any verbal, written or gestured message used in a negative or belittling context is considered to be abusive even if the resident has mental or physical disabilities that prevent comprehension.

As always, if you have reason to believe that anyone, including a nursing home resident, is in life threatening danger, you should immediately call 911 or the local law enforcement agency. If you believe that a situation is not an emergency but suspect that nursing home abuse is occurring, it is appropriate for you to contact either the Oklahoma Health Division or a qualified Elder/Nursing Home Abuse Attorney. An Elder/Nursing Home Abuse Attorney can provide excellent advice and is experienced in ensuring the safety and well being of nursing home residents.

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