Nursing Home Abuse Frequently Asked Questions

What is elder abuse?
According to the American Bar Association, Elder Abuse is an act or failure to act by a person required to act that results in harm to an elder person. Elder abuse can include physical abuse, emotional abuse, sexual abuse, and neglect.

Where does elder abuse occur?
Elder abuse can occur anywhere that a senior citizen lives. Most elder abuse takes place in Nursing Homes where staff are poorly trained and there is high ratio of patients to caretakers.

How often does Elder Abuse occur?
Elder abuse is a widespread problem which often goes unreported because victims are hesitant to come forward. In addition, many elderly victims are unable to recognize they are being abused because they suffer from health conditions such as Parkinson’s and Dementia. According to a study conducted in 2001 by the Special Investigations Division of The House of Representatives, 30% of nursing homes (over 5,283 facilities) were cited for abuse in a two year period. This amounted to over 9,000 cases of abuse. The House Report also stated that the incidence of abuse violations has increased dramatically.

I know Elder Abuse is wrong, but is it illegal?
The answer is a resounding yes! In 1987, The United States Congress enacted a law to protect residents of nursing homes from abuse. The Nursing Reform Act (NHRA) was passed to guarantee that all elderly persons who live in nursing homes receive quality care.

Can I bring a lawsuit against a nursing home on behalf of my elderly relative?
The family of an elderly person has legal standing to bring a lawsuit if they witness the abuse. A family member may also bring a lawsuit if the elderly person is incompetent and cannot do so. In cases where the elderly person is deceased, his or her successors in interest are entitled to file a lawsuit.