Recognizing Elder Abuse and Retaliation in Long-Term Care

Takeaways

• Long-term care residents may face retaliation for reporting mistreatment. In turn, this can lead to discouraging others from voicing any concerns.

Moving an older loved one into long-term care facility can be stressful for both the family and the new resident. Not only is the new resident moving into an unfamiliar setting but they are also likely losing some of their independence.

Another source of stress can be the fear of elder abuse and neglect. According to the National Center on Elder Abuse, one in 10 U.S. adults aged 60 or older experienced some form of abuse in the prior year. The catalyst for abusive behavior can sometimes be a resident speaking up about neglect, mistreatment, or poor service in the facility where they live.

The fear of retaliation for reporting poor treatment in nursing homes is often as bad as any retaliatory act. Research has found that nearly a quarter of nursing home residents worry about retaliation when voicing their concerns about care. This concern creates a barrier for reporting mistreatment and rights violations.

Retaliation against residents in long-term care facilities who voice concerns about mistreatment or neglect is a serious issue that undermines the trust and safety essential for quality care. Residents and their families should be aware of potential forms of retaliation, as well as steps to prevent and address it if it happens.

Common Forms of Retaliation

Staff in long-term care facilities may retaliate in various ways, some of which may be subtle and difficult to identify. Through retaliatory measures, staff members may keep a patient from complaining about poor service or treatment or encourage the patient to move out of the facility.

Emotional or Psychological Retaliation

A common way care providers retaliate against their residents is by ignoring their requests or needs. This can be in the form of ignoring or delaying their response to calls for assistance. In some cases, staff members hide patients’ call buttons or move them out of patients’ reach.

Isolating residents by limiting their social interactions with others, restricting their access to common areas, or prohibiting them from participating in group activities and social outings is another way to punish a resident for speaking up.

Using demeaning language or adopting an indifferent attitude toward a resident can send a subtle but strong message that they are out of favor with a staff member.

Health-Related Retaliation

Staff members can retaliate against a patient by not administering medications on time or by withholding treatments. This type of behavior can obviously pose a health risk to the patient. Ignoring dietary restrictions or preferences is another way staff members can retaliate against residents.

Physical Retaliation

A staff member can express displeasure with a nursing home patient by being overly rough when giving physical assistance, such as when helping them into or out of bed. Physical abuse can also take the form of delaying care, such as postponing assistance with mobility, hygiene, or feeding. In some cases, such as with dementia patients, staff will physically sedate a patient by overmedicating them.

Administrative Retaliation

Long-term care facility staff members may use administrative actions to retaliate against residents they deem problematic. This can come in the form of arbitrarily changing room assignments or moving the resident to a different unit, such as the memory care unit.

Ways to Prevent Retaliation

Consider different ways to help prevent retaliation against long-term care facility residents, including:

Open Communication

Building a good rapport with facility staff can foster a sense of understanding and compassion. Regular, friendly communication may discourage retaliatory behavior if issues arise.

Documenting Everything

Keep a written record of complaints, including dates, times, and specific incidents. Document any unusual changes in the resident’s condition, care, or behavior.

Resident Councils

Participate in resident councils, which can address systemic issues without singling out individuals.

Knowing Your Rights

Become familiar with federal and state regulations that protect residents, such as those under the Nursing Home Reform Act. Request a copy of the facility’s grievance policy and follow the outlined procedures.

Addressing Retaliation When It Occurs

If a loved one experiences retaliation while living in a long-term care facility, you may want to start by filing a formal complaint with the facility’s administrator and requesting a written response to the complaint. Contacting the local long-term care ombudsman program, which advocates for residents and investigates complaints, can help put extra pressure on the facility.

You should report severe retaliation or neglect to the state’s health department or licensing authority. For incidents involving abuse or criminal neglect, contact local law enforcement. If the situation escalates or if retaliation continues despite intervention, consult an attorney who specializes in elder law.

Maintaining a presence with your loved one in the facility can act as a deterrent to mistreatment. Visit the facility regularly and make your presence known. While visiting a resident of a long-term care facility, observe interactions between staff and residents and address concerns promptly.

Advocating for Patients’ Rights

Residents and their family members should not hesitate to speak up about mistreatment, even if the risk of retaliation seems daunting. If you or a loved one have experienced retaliatory behavior in a long-term care facility, consult an experienced elder law attorney near you. They can help you understand your rights and the legal actions you can take.

For additional reading about issues relating to long-term care, check out the following articles:

• What Are Nursing Home Residents’ Rights?
• Which States Have the Best Protections Against Elder Abuse?
• When Is a Nursing Home Eviction Legal, and What Can I Do?