Minnesota Nursing Home Negligence and Abuse Lawyers

What is nursing home abuse and neglect in Minnesota?

The US Centers for Disease Control and Prevention (CDC) defines elder abuse as follows. The definitions apply to nursing homes and also generally apply to non-seniors (residents under 60).

• Physical abuse. This type of abuse occurs when nursing home staff engage in or permit the intentional (or reckless) use of physical harm that causes physical pain or bodily injury. Examples include hitting, slapping, pushing, kicking, punching, or burning a resident. Physical abuse also includes the use of physical or chemical restraints, and failing to give residents their necessary medications.
• Sexual abuse. This type of abuse involves non-consensual contact of any type. Examples include rape, sexual assault, sexual harassment, and unwanted touching. Sexual abuse at nursing homes also includes sexual interactions with residents who lack the cognitive capacity to give consent. Nursing homes need to protect seniors from sexual abuse by the staff, visitors, and other residents, including residents who may have dementia or Alzheimer's disease.
• Emotional/psychological abuse. This type of abuse often occurs when staff members at Minnesota nursing homes lack the ability and humanity to properly care for your loved ones. This type of abuse includes the infliction of mental or emotional pain or anguish through verbal or nonverbal conduct. Examples include insults, intimidation, humiliation, isolating seniors from other residents and social activities, and threats.

Minnesota and the National Consumer Voice for Long-Term Care define abuse as including: “Taking, using, and/or sharing photographs or recordings of residents that would demean or humiliate them.”

Neglect. Minnesota and the National Consumer Voice for Long-Term Care define neglect as the failure to provide nursing home residents with the goods and services they need to avoid the above types of abuse. Neglect can be intentional or non-intentional. Examples of nursing home neglect include:

• Failing to position or move a resident as needed, which can cause bedsores, limb contractures, incontinence, indignity, an increased risk of falling, and other complications.
• Failing to provide a proper diet which can lead to malnutrition and dehydration.
• Not providing the resident with proper cleaning, dressing, and other types of proper hygiene.
• Causing social isolation and withdrawal.
• Failing to provide medicines and other life necessities.
• Allowing various forms of self-neglect.

Allowing a resident to wander on the premises or abandoning a resident at a location away from the nursing home are also forms of neglect.

Nursing home abuse and neglect also involves various forms of financial misconduct.