There
have been a lot of stories in the news about bullying, harassment and other abusive
behavior directed from one individual to another—most recently in the Miami Dolphin’s locker room. Such conduct is,
of course, not isolated to schools or locker rooms. One place it is not often thought of, though,
is in nursing homes. However, resident-to-resident abuse does occur and it is something that residents and their families should be aware of and for which nursing homes have a duty to try and prevent.
The
first thing someone will think of when the issue of “nursing home abuse” is
raised is a staff member mistreating a resident. In fact, we have written a number of posts on
this blog discussing various aspects of negligence and abuse in a nursing home
setting arising from the acts of nursing home operators and often over-worked
and under-trained staff. However, it is
important to point out that a very real yet often overlooked source of nursing
home abuse stems from resident-to-resident abuse.
Last
year a study was published in the Journal of Elder Abuse and Neglect titled
Resident-to-Resident Abuse in Nursing Homes as Reported by Nurse Aides. The authors evaluated the phenomenon of
resident to resident abuse in nursing homes and found “that both the scale and
scope of resident-to-resident abuse is high in nursing homes” and that it was
“common enough to be considered an issue of concern impacting the quality of
life and safety of many residents.”
A
family confronted with a situation of resident-to-resident abuse may think
there is no recourse against the nursing home if the culprit of abuse is
another resident as oppose to the nursing home staff. We believe that the law dictates
otherwise. For instance, under Missouri
law nursing homes or long term facilities must “ensure” that each resident
admitted to its facility “[i]s free from form mental and physical abuse . . .
.” R.S.Mo. 198.088(6)(g). The law does not distinguish whether the
abuse comes from nursing home staff, another resident, or even a complete
stranger.
Your
loved one has a right to live in a nursing home free from abuse from staff and from his or her fellow residents.
If there are issues with resident-to-resident abuse we would
encourage you to bring these issues to the nursing home's attention immediately and ensure that
they correct the situation.
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