Nursing Home Neglect – Passive vs. Willful

Caregivers who undertake the vital role of nursing home care providers have an obligation to ensure that residents receive timely and adequate support. While we rely on these personnel for their expertise, attentive nature, and compassion, there may be instances where caregivers fail to deliver the expected care, which we refer to as neglect in nursing homes.

 

What is passive nursing home neglect?

 

Passive neglect is a form of unintentional neglect that occurs when the caregiver fails in their care duties but does not intend to do so. There are various instances of passive neglect in nursing homes, as described below:

 

Passive Neglect Due to Inadequate Staffing or a Lack of Resources

 

Inadequate staffing or lack of resources is one of the main causes of passive neglect in nursing homes. Nursing homes must ensure sufficient staffing to meet the needs of the residents. When there are too few staff members, caregivers may not devote enough attention and time to each resident, resulting in neglect. Similarly, the well-being of the residents may be compromised if the nursing home lacks essential supplies and materials like proper cleaning equipment, food, and medical supplies.

 

Passive Neglect Due to a Lack of Proper Training

 

In certain cases, caregivers may lack the necessary training to meet the unique needs of residents. For instance, some residents may have special communication, mobility, or medical requirements that the caregiver cannot fulfill. It is crucial to ensure that caregivers receive rigorous and updated training on the latest standards and procedures in nursing home care to prevent neglect resulting from insufficient training.

 

What is willful neglect at a nursing home?

 

Willful neglect, also known as active or intentional neglect, happens when a caregiver purposely withholds resources from a nursing home resident, even when they can provide adequate care. Financial gain and interpersonal conflicts are two major motivations behind willful neglect in nursing homes.

 

Financial Gain as a Motivation for Willful Neglect

 

Most nursing homes, as for-profit organizations, prioritize making a profit. This profit-driven approach sometimes leads to the withholding of necessary resources, compromising the standard of care. Examples include serving skimpy portions of meals, providing low-quality food, insufficient liquid intake, or diluted beverages. Insufficient nutrition can result in malnutrition, weakened immunity, and dehydration among residents.

 

Interpersonal Conflict as a Motivation for Willful Neglect

 

Most nursing homes employ caregivers who take care of elderly residents. These caregivers must always exhibit patience, kindness, and compassion. However, if a caregiver has an interpersonal conflict with a resident, they may not provide adequate care. Such caregivers might intentionally harm the resident through neglect, such as not changing their bedding, not administering medication, or withholding food or water.

Another example of willful neglect in the instance of interpersonal conflicts is the physical abuse of the resident. Caregivers may intentionally hit, push, or emotionally abuse the resident in some cases. Any caregiving setting deems this type of behavior unacceptable.

 

Examples of willful neglect motivated by interpersonal conflict include:

 

  • Refusing to help the resident out of bed so the resident can use the bathroom, go to the dining hall, or simply get up and be socially active
  • Refusing to turn a bedridden resident at the appropriate frequency to prevent bedsores
  • Making a bedridden resident lie in their own waste
  • Failing to bathe a resident
  • Withholding food or water from a resident
  • Withholding medication from a bedridden resident
  • Withholding clean bed linens from a resident
  • Refusing to adjust the temperature controls in the resident’s room to a comfortable level
  • Withholding medical care from the resident for such things as infected wounds, fractures, and bedsores
  • Withholding items the resident needs, such as hearing aids, eyeglasses, dentures, wheelchairs, or toileting equipment (e.g., bed pans, bedside commodes, urinals, etc.)
  • Intentionally interfering with the resident’s religious practices

 

Can the nursing home be liable for either passive neglect or willful neglect?

 

Yes. The nursing home can be liable if a nursing home resident suffers harm from either passive or willful neglect.

Nursing home residents have certain basic rights. Neglect of a resident violates many of these basic rights. If these violations harm the resident, the resident or their family members can hold the nursing home liable.

 

What should I do if I suspect the nursing home is neglecting my loved one?

 

Safety First

 

If you suspect your loved one is the victim of neglect or abuse, the most important thing to do is make sure their safety and well-being is not being compromised. Report the neglect to the nursing home’s supervisor or administrator immediately. If necessary, remove your loved one from the facility and seek medical attention for them if needed.

 

Speak with an Eldercare Attorney

 

Once your loved one is safe, the next step is to speak with an eldercare attorney who can guide you through the complicated process of notifying the proper authorities and filing a claim against the nursing home. Nursing homes have the upper hand in these cases, as they control much of the evidence needed to file a claim.

 

Evidence Gathering

 

Gathering evidence for a claim can be difficult, but working with a nursing home abuse lawyer can help ensure that all necessary evidence is gathered and preserved. This includes reviewing nursing notes, medication records, and other critical documents that are part of filing a claim against a nursing home for neglect.

 

Filing a Claim

 

After all the necessary evidence has been gathered, it is time to file a claim against the nursing home. This process can be complicated and may involve several steps, including working with your attorney to draft a demand letter, filing a complaint with the state nursing home regulatory agency, and possibly filing a lawsuit against the nursing home in court.

 

Seek Help from Gallon, Takacs & Boissoneault

 

If you suspect that your loved one is the victim of nursing home abuse or neglect, do not hesitate to seek legal help. The nursing home abuse team at Gallon, Takacs & Boissoneault has extensive experience handling these cases and can provide the compassionate, professional attention you and your loved one deserve. We are here to help; contact us today and schedule a free consultation to discuss your options at 419-843-6663 or via our convenient online contact form.