FACTS & STATISTICS
The National Center on Elder Abuse (NCEA) collects and analyzes data from state adult protective services about nursing home residents and any instances of nursing home abuse. They scrutinize such data and then publish nursing home abuse statistics regarding abuse of the elderly in nursing homes and other care giving facilities in America. According to these statistics, more than 30% of all nursing homes in America indulge in some form of resident abuse, with the numbers on an ever increasing trend. More than 50% of all nursing homes do not have enough qualified staff to help care for the residents, which directly results in nursing home neglect and abuse; yet conservative estimates are that one in every three homes in America will be affected in some way by abuse of an elder relative while in a nursing home; but these estimates also warn that only about 20% of nursing home abuse ever gets reported!!
Older adults make up approximately 12% of the population in America, and elder abuse and neglect affects 700,000 to 1.2 million older adults each year in the United States. (Public Policy and Program Report, Summer 2002, National Academy on an Aging Society) The incidence and severity of elder abuse is also expected to rise. The United States Senate Special Committee on Aging estimates that there may be as many as 5 million victims of elder abuse every year. In addition to an increase in the elder population, the increase of elders in long-term care is expected to contribute to a rise in overall abuse. Elderly persons (65 years or older) make up almost 13% of Oregon’s 3.5 million residents. Applying these estimates to Oregon, there were 50,00 incidents in 1999, when 10,000 adult and elder abuse incidents were reported.
These statistics are alarming, and should sound a wake-up call to all Americans, especially the baby boomers, many of whom have their parents living in nursing homes or may wind up there themselves. In just a few years, the baby boomers born between 1946 and 1964 will begin turning 65. The population age 65 and older is projected to rapidly surge from 34.6 million in 1999 to 82 million in 2050; a 137% increase.
WHAT YOU SHOULD DO
If you suspect elder abuse or neglect by a nursing home or anyone else in Oregon, report it immediately to the Attorney Generals office at (503) 229-5576. If you believe someone is being subjected to consumer fraud or financial exploitation, contact the Financial Fraud Section of the Department of Justice in Salem at 503-378-4732. The next thing should be to contact an attorney who has experience with elder abuse for advice on your situation. The nursing home industry and its investors have sought to protect themselves by carefully orchestrated tactics, including the increasing use of care contracts that require mandatory binding arbitration of any dispute, which avoids their exposure to litigation costs and also to punitive damages that may be available in a court of law.
WHAT ELDER ABUSE LOOKS LIKE
Abuse of an elder is not always readily apparent, and not all types of elder abuse are physical or results in visible injuries. The types of abuse and neglect that have been reported in nursing homes range from moderate to severe and include sexual abuse, neglect, abandonment, extortion, psychological and emotional abuse and physical abuse. There are signs and indications of abuse that families should watch for such as any injury that cannot be promptly explained, bedsores, unusual bruises, sexually transmitted disease, out of the ordinary financial requests and sudden changes in attitude or appetite. All of these are discussed more fully below in the information provided by the NCEA. While these signs do not always mean there is nursing home abuse or neglect present, they are indicators to watch for.
The ambiguous and hidden nature of abuse makes the prevalence difficult to determine. Family and victim are reluctant to file complaints because of fear of reprisals to their loved one and unreliable results from enforcement agencies, who often have limited knowledge of role of the adult protective system. Oregon Adult Protective Services has only a small fraction of number of the case workers available in child abuse cases, and spends only $422 per case compared to Child Welfare, at $1,645 per case.
Many are at risk of abuse and exploitation from neighbors, family members, caregivers and even strangers because of age, health and vulnerability. Oregon law allows public agencies to investigate reports of abuse and neglect, and to provide limited protective services. In addition, abuse and neglect is a crime. Elderly targeted because of their age and vulnerability need additional assistance to remain safe. Although the problem of abuse of the elderly and adults with disabilities has been widely recognized only in recent decades, some estimate that it may be as common as child abuse.
WHAT TO LOOK FOR
The following is a checklist of the symptoms of elder abuse as identified by The National Center on Elder Abuse. These definitions are based on an analysis of existing State and Federal definitions of elder abuse, neglect and exploitation conducted by the Center in 1995. The symptoms identified here may include reports of the activity or condition by the elder.
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Neglect. Refusal, or failure, to fulfill any part of a person’s obligations or duties to an elderly person. Warning signs or indicators include that the elder is not given the opportunity to speak for themselves without the presence of the caregiver, or isolates family members from the person being cared for. The caregiver has an attitude of indifference or anger toward the person they are caring for. Family members of the caregiver blame the person being cared for (such as with incontinence). The caregiver exhibits aggressive behavior, including threats, insults or harassment toward the person being cared for. The caregiver has a previous history of abuse to others. The caregiver has problems with drugs or alcohol. The caregiver exhibits inappropriate displays of affection towards the person being cared for. The caregiver is unwilling to work with other care providers on a care plan for the person being cared for. Dirt, fecal/urine smell or other health and safety hazards in elder's living environment. Leaving an elder in an unsafe or isolated place. Rashes, sores, lice on the elder. Malnourishment or dehydration with sudden weight loss. Untreated medical condition.
§ Physical abuse. Use of physical force that may result in bodily injury, physical pain, or impairment. Warning signs or indicators include cuts, lacerations, punctures, wounds, bruises, welts, discolorations, grip marks. Any unexplained injury that doesn't fit with the given explanation of the injury. Any injury incompatible with the person's history of unexplained injuries. Any injury which has not been properly cared for (sometimes injuries are hidden on areas of the body normally covered by clothing). Poor skin condition or poor skin hygiene. Dehydration and/or malnourishment without illness-related cause. Unexplained loss of weight. Burns, possibly caused by cigarettes, caustics, acids or friction from ropes or chains. Soiled clothing or bed linens. Overmedication.
§ Sexual Abuse. Non-consensual sexual contact of any kind with an elderly person. Warning signs or indicators: Unexplained vaginal or anal bleeding; torn or bloody underwear, bruised breasts, venereal diseases or vaginal infections; sudden changes in the emotional or psychological state of the person.
§ Emotional and psychological abuse. Infliction of anguish, pain, or distress through verbal or non-verbal acts. Warning signs or indicators include witnessed or reported humiliating, insulting or threatening language directed at the person; language or actions that treat the adult like a child. Signs of helplessness, hesitation to talk openly, fear, withdrawal, depression, denial, agitation, anger, confusion or disorientation.
§ Financial/material exploitation. Illegal or improper use of an elder's funds, property, or assets. Warning signs or indicators include unusual or inappropriate activity surrounding investment properties or in bank accounts, including the use of ATM cards, to make large or repeated withdrawals. Signatures on checks, etc. that do not resemble the person's signature, or signatures when the person cannot write. Power of attorney given, or recent changes in or creation of a will or trust, when the person is incapable of making such decisions. Unpaid bills, overdue rent, utility shut-off notices. Excessive spending by a caregiver on himself for new clothing, jewelry, automobiles. Lack of spending on the care of the person, including personal grooming items. Missing personal belongings, such as art, silverware or jewelry. Recent sale of assets and properties.
§ Abandonment. Desertion of an elderly person (such as leaving them alone at a shopping center or bus depot) by an individual who has physical custody of the elder or by a person who has assumed responsibility for providing care to the elder.
§ Self-neglect. Behaviors of an elderly person that threaten the elder’s health or safety. Warning signs or indicators: Inability to manage personal finances including hoarding or squandering assets, giving money away or failing to pay bills. Inability to manage activities of daily living, including personal care, shopping, meal preparation and housework. Suicidal acts, wanderings, refusing medical attention, isolation, substance abuse. Lack of toilet facilities. Animal-infested living quarters resulting in a dangerous situation. Rashes, sores, fecal/urine smell, inadequate clothing, malnourishment, dehydration. Changes in intellectual functions, including disorientation, memory failure, incoherence. Refusal to take medications.
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