Northwest Nursing Home Law Center,
a Branch of Vangelisti Kocher LLP

The Northwest Nursing Home

Law Center is committed to raising public awareness and preventing elder abuse. Elder abuse can take the form of physical, emotional, sexual or financial abuse.

Physical, Emotional or Sexual Abuse

Although comprehensive national data is not collected, it is estimated that between 1 and 2 million elderly Americans have been injured, exploited or otherwise mistreated by someone on whom they depended for care or protection. 

Though definitions of elder abuse vary, it is generally defined as the intentional or negligent act by any person that causes harm or a serious risk of harm to a vulnerable adult. Elder abuse may take the form of neglect, financial exploitation, abandonment, or physical, emotional or sexual abuse. Elder abuse can be caused by a stranger, family member, caregiver, or those persons working in a boarding home, residential care facility, assisted living facility, or nursing home.

An alert friend or family member can detect danger signs of abuse by looking for: 

• Unexplained injuries such as bedsores, pressure sores, cuts, bruises, burns or fractures.

• Emotional changes, anxiety, depression or sudden change in behavior.

• Malnutrition, dehydration or ongoing infections.

Families can take a number of steps to prevent elder abuse:

• Frequently maintain contact with elders to monitor for any danger signs of abuse.

• Ensure that any caregivers—whether family or  otherwise—are qualified to provide care.

• Visit with caregivers on a regular basis to ensure that they are providing proper care.

• If selecting a long-term care facility, collect as much data on the facility as possible.  Visit the facility several times, and obtain a copy of its most recent inspection survey.

• After narrowing a search for a facility to fewer than six, contact the Office of the Long-Term Care Ombudsman (in Oregon, 800-522-2602; in Washington, 800-562-6028) to obtain additional information on particular facilities.

If elder abuse is suspected, there are a number of immediate steps a family should take:

• Seek medical attention.  If an injury is a life threatening emergency, call 911.  Otherwise, depending on the acuity of the injury, the victim should be treated in a hospital or by the victim’s primary care physician.

• Report the suspected elder abuse.  If there is an immediate threat to health or safety, call 911.  Otherwise, call the Office of the Long-Term Care Ombudsman, which will ensure that the suspected abuse is reported to the appropriate law enforcement or adult protective services agency.

• Follow up with the appropriate governmental authorities to ensure that the suspected elder abuse is fully investigated.

Abuse in Nursing Homes

About 1.7 million elderly and disabled people receive care in approximately 17,000 nursing homes across the United States, and these numbers will explode with the aging of the baby boomers. Unfortunately, nursing home neglect and abuse is also expected to increase at an alarming rate.

Government studies have some shocking findings:

• About one in every three nursing homes has been cited for abuse violations. Over thirty percent of the nursing homes in the United States—5,283 nursing homes—were cited for an abuse violation that had the potential to cause harm between January 1999 and January 2001. These nursing homes were cited for almost 9,000 abuse violations during this two-year period.
  

• In total, nearly 10% of the nursing homes in the United States—1,601 nursing homes—were cited for abuse violations that caused actual harm to residents or worse. Over 2,500 of the abuse violations in 1999 and 2000 were serious enough to cause actual harm to residents or to place residents in immediate jeopardy of death or serious injury.
  

• Many of these abuse violations are discovered only after the filing of a formal complaint. State inspectors can find evidence of abuse either during annual inspections or during an inspection after a formal complaint is filed. The data indicate that over 40% of the abuse violations—over 3,800 in the 1999 to 2000 time period—were discovered only after the filing of a formal complaint. In over one-third of these cases, the violation was determined to have caused actual harm to the resident.
  

• Neglect at about 15 percent of the nation’s approximately 17,000 nursing homes—an unacceptably high proportion—has repeatedly caused actual harm to residents, such as worsening pressure sores or untreated weight loss, or has placed them at risk of death or serious injury.
  

Danger Signs of Neglect and Abuse in Nursing Homes:

An alert friend or family member can detect danger signs of neglect or abuse. Here is a list of danger signs for neglect and abuse:

Does the resident have any unexplained injuries such as bedsores, pressure sores, cuts, bruises, burns, or fractures?

Has the resident experienced falls?

Is the resident experiencing emotional changes, anxiety or sudden change in behavior?

Is the resident suffering from ongoing infections?

Is the resident’s medical condition being treated?

Does the resident ever appear to be suffering from malnutrition or dehydration?

Are medications being properly administered?

Is the resident less active, unable to move, or overly-medicated?

Is the resident dressed appropriately?

Has there ever been a delay between an incident and notification of the incident to the family or legal guardian?

Is the nursing staff defensive about the resident’s care?

Is the nursing staff attentive to the resident’s needs?

Is the nursing staff complaining about the resident?

Financial Abuse

Elder financial abuse is the illegal or improper taking of an elder’s money, property or assets.  Elder financial abuse broadly covers many areas of misappropriation:  consumer fraud, forging signatures; misusing or stealing money or possessions; or use of coercion, deception, or “undue influence” to obtain an elder’s signature on any document (e.g., deed, will, contract, power of attorney, etc.).

Elders can be particularly at risk for financial abuse.  Elders who are dependent, isolated, lonely, or suffer from disabilities are vulnerable to elder financial abuse.  A lack of familiarity with financial matters also can make an elder susceptible to financial abuse

Various individuals and businesses prey on elders for financial gain: telemarketers; family members who have substance abuse, gambling, or financial problems; caregivers; or unethical business persons or professionals. Sadly, professionals who have been involved in fraud on elders—either directly, indirectly or as an unknowing participant—include investment advisors, bank tellers, bankers, lawyers or attorneys, insurance agents, and mortgage brokers.

Danger signs of elder financial abuse include:

• New “best friends” whose role should be limited to that of a caregiver, service provider, or professional.

• Irregular activity in the elder’s bank account, including payments for unnecessary expenses, large withdrawals or transfers, banking activities by the elder who is accompanied by someone who should not normally take the elder to the bank.

• Mortgage foreclosure, eviction notices, or unpaid bills.

• Abrupt changes in legal documents or signing legal documents that the elder did not understand such as deeds, wills, signature cards, or power of attorney.

• Suspicious or forged signatures on documents.

Tips for elders to prevent elder financial abuse:

• Plan all legal and financial matters with a trusted person.

• Avoid isolation and keep regular contact with family and friends. 

• Consult with family or friends before making large purchases, including home repairs.

• Registered on the “do not call” list to prevent calls by telemarketers.

• Report any concerns about financial abuse to the police, who will act on the complaint or refer it to the State’s social services department for investigation.

Protecting Your Loved One:

If you suspect that your loved one is the victim of abuse or neglect, you should immediately submit a formal complaint of neglect or abuse to your state’s Ombudsman for Long Term Care. In Oregon, their number is (800) 522-2602.

Thereafter, you should contact a qualified Oregon elder abuse lawyer to assist you in preventing further abuse or neglect and obtaining compensation for the resident’s injuries from neglect and abuse. Vangelisti Kocher LLP provides a free consultation by an elder abuse lawyer in Oregon to those who have concerns about abuse or neglect.

If your loved-one has been injured, it is important to have an Oregon lawyer evaluate any personal injury claim your loved-one may have. The law provides strict deadlines for bringing claims. It is critical that you contact an Oregon injury lawyer or Oregon accident lawyer if you think that you may have a claim. A Portland personal injury lawyer at Vangelisti Kocher LLP can provide you a free consultation to discuss your injuries and legal rights.

If you have a potential neglect and abuse case in Washington, please visit out sister-site for Washington. 

Cities Served in Oregon:

Astoria, Warrenton, Seaside, Tillamook, Lincoln City, Newport, Toledo, Florence, Reedsport, St. Helens, Scappoose, Portland, Forest Grove, Aloha, Beaverton, Tigard, Tualatin, Gresham, Lake Oswego, Gladstone, West Linn, Oregon City, Newberg, McMinnville, Molalla, Woodburn, Mount Hood, Keizer, Salem, Silverton, Dallas, Stayton, Lebanon, Sweet Home, Springfield, Eugene, Oceanside, Cottage Grove, Oakridge, Bend, Redmond, Prineville, Madras, The Dalles, Chenoweth, Hood River, Hermiston, Milton, Freewater, LaGrande, Baker City, Burns, Lakeview, Ashland, Klamath Falls, Brookings, Pendleton, Seaside, Medford, Grants Pass, Tri-City, Myrtle Creek, Winston, Roseburg, Green Sutherlin, Coos Bay, North Bend, Reedsport, and Brookings.

Cities Served in Washington:

Bellingham, Anacortes, Oak Harbor, Lynden, Everett, Shorelin, Seattle, Bremerton, Tacoma, Olympia, Hoquiam, Aberdeen, Centralia, Chehalis, Longview, Port Angeles, Neah Bay, Aberdeen, Vancouver, Wenatchee, Spokane, Moses Lake, Walla Walla, Richland, Kennewick, Yakima, Umatilla, Sunnyside, Grandview, Toppenish, Cheney, Ephreta, Kent, Shelton, Hoquiam, Port, Townsend, Centralia, Redmond, Inglewood, Sedre, Wooley, Mount Vernon, Mill Creek, Kikland, Bellevue, Renton, and Auburn.