Legal evaluation of physical, mental, or sexual abuse claims

Neglect is defined as failure to provide goods and services necessary to avoid physical harm, mental anguish, or mental illness. Neglect occurs on an individual basis when a resident does not receive appropriate care based on their individualized needs. Abuse is defined as the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm or pain or mental anguish, or deprivation by an individual, including a care taker, of goods or services that are necessary to attain or maintain physical, mental, and psycho-social well-being.

Federal and state law have regulations that set forth that a resident in a nursing home has the right to be free from verbal, sexual, physical and mental abuse as well as involuntary seclusion.

There are also federal and state regulations that are aimed to prevent employment of individuals who have been convicted of abusing, neglecting, or mistreating individuals in a health care related setting. Nursing homes have a duty to be thorough in their investigations of the past histories of individuals they are considering hiring. The facility should do a record check with the Pennsylvania State Licensing Division and also check the State Nurse's Aide Registry.

The Pennsylvania State Nurse's Aide Registry has a list of all names of nurses aides that have been found guilty of neglect, abuse, mistreating residents, or misappropriation of property of a resident. In addition, if a nursing home determines that an individual has other criminal convictions such as a felony conviction of child abuse, sexual assault, or assault with a deadly weapon, which would indicate that they would be unsuited to work in the nursing home, then the facility must report that individual. A nurses aide should be reported to the Nurse's Aides Registry. A licensed staff member should be reported to State Licensing Authorities. A nurse aide who is not in good standing on the registry may not be employed by a nursing home that receives Medicare or Medicaid reimbursement for services.

In evaluating a claim of abuse or neglect, we will investigate the nursing home to see if:

• A proper background check was performed
• The home was aware of any previous incident of neglect or abuse by the nurses aide, staff member, or even another resident of the home.

When a nursing home becomes aware of a violation of the law involving mistreatment, neglect or abuse, the incident must be reported to the administrator of the nursing home and to the Pennsylvania Department of Health. The nursing home must have evidence that all alleged violations are thoroughly investigated and that the home has policies and procedures regarding investigation of injuries suffered by residents.

Physical Abuse Resources:

• Overview
• Prevention tips

Other Nursing Home Abuses:

• Bedsores
• Dehydration
• Elopement
• Falls
• Malnutrition
• Mental Abuse
• Physical Abuse
• Restraints
• Sexual Abuse
• Wandering
• Wrongful Death

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