If you have an elderly parent or loved one who lives in a nursing home in Portland or Multnomah County, you want to believe that the facility will give them the attention and care they deserve. Sadly, many nursing homes do not properly care for their residents. Many older and vulnerable adults end up with severe injuries or find themselves the victims of some form of abuse. Warning signs such as bedsores (pressure ulcers), unexplained bruises, or sudden withdrawal from activities can signal that something is wrong.
Placing your family member in a long-term care facility can be emotionally exhausting. This article explains the signs of nursing home abuse or neglect so you can weigh your options carefully.
Understanding the Scope of Nursing Home Abuse in Oregon
According to national statistics, the CDC estimates that 1 in 10 people over 60 experience some form of elder abuse. The Oregon Department of Human Services (DHS) handles all reports related to abuse in long-term care facilities. Additionally, the Oregon Long Term Care Ombudsman Program has independent advocates who thoroughly investigate nursing home complaints.
Because the Portland Metro area and Multnomah County have numerous long-term care facilities serving the community, abuse reports are a common occurrence.
Abuse often goes unreported because residents fear retaliation from staff members. Other common reasons for failing to report abuse include cognitive impairments and families not recognizing warning signs.
Physical, Emotional, and Behavioral Signs of Nursing Home Abuse
If your loved one lives in a nursing home, you must recognize potential warning signs of abuse.
Physical Signs of Abuse
Physical abuse of any kind can be detrimental to nursing home residents and lead to further medical problems. The most common signs of physical abuse include:
- Unexplained bruises, welts, cuts, or burns (often in various stages of healing)
- Unexplained fractures or sprains
- Pressure ulcer (bedsores), which can indicate that staff are not properly repositioning residents
- Poor hygiene, including unwashed hair and soiled clothing or linens
- Signs of malnutrition, dehydration, or sudden weight loss
- Signs of restraint use, such as marks on wrists, torso, or ankles
- Medication errors include providing the wrong medication, missed doses, or oversedation
Emotional Signs of Abuse
Emotional abuse is the most common form of mistreatment suffered by vulnerable residents and may include:
- Unexplained fear or anxiety, especially around specific staff members
- Sudden mood changes, depression, or a feeling of hopelessness
Behavioral Signs of Abuse
Some family members often dismiss behavioral signs of abuse as their loved one simply getting older, but they should be aware that these signs can point to possible neglect. Common signs to look for include:
- Sudden withdrawal from activities the resident previously enjoyed
- Aggressive behaviors or agitation that is new or out of character
- Rocking, sucking, or other self-soothing behaviors
- Noticeable changes in appetite and sleep patterns
Signs of Nursing Home Neglect
Many Portlanders use the terms nursing home abuse and neglect synonymously. But abuse and neglect are two distinct legal terms, and understanding the difference is essential so you can make the best choice for your loved one’s situation.
Under Oregon law, abuse is intentional harm done to another, whereas neglect is a failure to provide adequate care. Some of the early indicators of nursing home neglect include unsanitary living conditions such as strong odors, dirty bedding, and insect infestations.
Neglect can also be traced back to inadequate staffing and often results in residents being left in soiled clothing for extended periods and call lights going unanswered. Other things to look for include:
- Residents who should be mobile are being left in their beds or wheelchairs all day
- Untreated medical conditions such as pressure ulcers, dental issues, or infections
Red flags to watch out for on the facility level include high staff turnover, understaffing, and inspection violations. Because Oregon DHS inspection reports are public record, families are strongly encouraged to check a facility’s history.
Financial Exploitation of Nursing Home Residents
Financial exploitation is one of the fastest-growing types of elder abuse in the Portland area, and is no different for nursing home residents. Residents with cognitive impairments like dementia or Alzheimer’s are the most commonly affected. Under Oregon ORS 124.100, financial exploitation of an elder person is grounds for criminal and civil legal action.
Indicators of financial abuse include:
- Unauthorized charges on the resident’s bank accounts or credit cards
- Having unpaid bills despite having sufficient funds
- Sudden changes to wills, powers of attorney, or other financial documents
- Missing items, including jewelry and electronics
- Staff members named as beneficiaries or receiving gifts
What to Do If You Suspect Abuse and Oregon Laws That Protect Residents
If you suspect nursing home abuse, you should act quickly by taking steps to safeguard your loved one. One of the most important things you can do is to document everything. Thorough documentation includes taking numerous photos, keeping written notes with dates and event details, and preserving medical records.
Next, report the abuse to the Oregon DHS Adult Protective Services. Under the state’s mandatory reporting law (ORS 124.060), certain individuals are required to report suspected abuse, but anyone can file a report. As an additional step, you have the option of filing a complaint with the Oregon DHS Facility Licensing and Certification Unit. You may also contact the Oregon Long Term Care Ombudsman Program and request that they conduct an independent investigation. If the abuse is criminal in nature, contact law enforcement immediately. You should also consider moving the resident to a safe environment if you feel they are in danger.
No matter what steps you take to report the abuse, you are strongly advised to consult with an Oregon elder abuse lawyer. Oregon’s Elder Abuse Prevention Act (ORS 124.100-124.140)
allows individuals to bring civil lawsuits against nursing homes where abuse has occurred.
Other state laws enacted to protect nursing home residents include ORS 441.615, which defines residents’ rights. Under the law, residents of long-term care facilities have the right to dignity, freedom from abuse, privacy, and the management of their own finances. ORS 124.050-124.095 defines abuse of vulnerable persons and establishes reporting obligations.
Oregon’s statute of limitations (ORS 12.110) gives victims or their families up to two years to file a personal injury lawsuit. Under ORS 124.100(2), they may also be able to recover economic damages, compensation for pain and suffering, and attorney fees.
Tillmann Law offers no-cost confidential evaluations for families who suspect abuse. Contact our law firm today at (855) 503-5035 to schedule a free consultation with a Portland nursing home abuse attorney.
