Abuse of the Elderly in Residences, How to Prove It? 【2024】

The installation of a hidden camera was the only way that there was to prove the abuse in a nursing home where a priori they should be well cared for.

 

Very professional and trained people work in the centers for the elderly who carry out their work with total dedication and always in an ethical manner. But the lack of resources has led many nursing homes to hire unqualified personnel who not only have no training, but are also psychologically unprepared to face long hours of work with the elderly who in many cases cannot fend for themselves and they need continuous attention.

This has led to soaring cases of people suffering verbal and even physical abuse by nursing home employees.

This time, as we did before with child abuse, cyberbullying and the workplace harassment, come on to analyze this issue in more depth and to see  how evidence can be collected to denounce a situation of this type.

What is elder abuse older people?

The cases of abuse of the elderly are higher than we think and, in most cases, the mistreatment comes directly from their caregivers.

The World Health Organization (WHO) defines this conduct as:

"A single or repeated act that causes harm or suffering to an older person, or the lack of appropriate measures to prevent it, which occurs in a relationship based on trust"

This type of abuse usually occurs within the framework of a relationship of trust. Hence, they often occur in residences.

Abuse in a nursing home can be physical, psychological, emotional, sexual or even a breach of trust in financial matters (stealing or scam).

In some cases this abuse does not derive directly from an action but from an omission. In other words, we can also talk about a situation of this type if what is done is to totally neglect the elderly.

For practical purposes it doesn't matter if the abuse is intentional or negligent.

The big problem regarding this issue is that elderly abuse goes unnoticed as it occurs in a strictly private sphere. Added to this is the fact that many times older adults who live in residences do not receive due care from their relatives, which increases their helplessness.

The cases that have been made public latelyThey show us that this problem can become especially serious in developed countries, being also an obvious sign that something is not working well in society.

Causes of abuse in a nursing home

There is nothing that justifies abuse of any kind on a person, much less if it is an older adult who has less possibilities to defend himself. However, if we take a look at the reality that surrounds us, we can see that there are common causes in this type of abuse situation.

Inadequacy of residences for the elderly

The lack of resources and the lack of interest of the Public Administrations have meant that care centers for the elderly are not adequate to the needs of the same.

Today it is possible to find residences with architectural barriers that hinder mobility, without outdoor areas or without the necessary security measures to prevent residents with memory problems from leaving the center and becoming disoriented

In many cases, older adults feel confined and this can give rise to behaviors that undermine the patience of their caregivers.

Understaffing centers

Orders, assistants, nurses, dining room staff? A nursing home requires a large number of workers in different areas.

Unfortunately the tendency is to  cover the needs of the service with the smallest possible number of workers to save costs.

The result is that workers have a higher ratio of elderly people to care for, so they cannot carry out their work properly and give each one the attention they deserve.

Recruitment of personnel without training

Not everyone is prepared to work with older adults. It is a very nice job, but also hard and sacrificed.

Someone who carries out their professional work in a residence must have empathy and have basic knowledge about how to handle people who have reduced mobility or how to treat people with cognitive deficiencies.

In order to save money, many residences have hired untrained staff, which directly leads to inadequate treatment for residents, who are cared for by people who have no training, experience, or any kind of involvement in their work.

Bad remuneration

Salaries in the sector are low, especially if we take into account that it is not an easy job and that in many cases it implies a great physical and psychological effort.

True elderly care professionals are not attracted to nursing home salaries and prefer to work for individuals in their homes.

In this way, residences have to go more frequently than they should to unqualified staff.

Rules made to protect the center< /font>

The rules of internal operation of the residences are prepared in such a way that they protect the interests of the institution itself more than those of the elderly.

Many of them are afraid to report what is happening to them because they know that they will not have protection from the center and they will be even more at the mercy of their abusers.

Disinterest of relatives about their elders

Frequently, relatives leave their elders in the care of residences and don't pay them due attention to check if they are being well cared for. The more alone an elderly person is, the more vulnerable he will be to ill-treatment.

 

Abuse elderly people in nursing homes: symptoms in adults

Insults, threats, physical attacks, abandonment... there are many aspects of elder abuse, but all of them are detectable if we pay more attention.

Symptoms of physical elder abuse

They are perhaps the most obvious because they leave a physical mark on the person who suffers them. We can meet:

• Fractures or injuries.
• Wounds.
• Bruising.
• Burns.
• Malnutrition.
• Dehydration.
• Weight loss.
• Medication errors.
• Lack of hygiene.

 

Symptoms of psychological abuse in older people

• Appearance of pattern changes in eating habits. Due to anxiety, the victim may begin to eat mores or lose your appetite.
• Trouble sleeping.
• Confusion states.
• Attitudes of fear.
• Withdrawal and isolation.
• Depression and anxiety.

 

Symptoms of economic abuse

Some thugs are not only capable of causing physical or psychological harm to the elderly, but even take possession of their property. In this case, the symptoms that we can see are:

• Disappearance of money, objects or documents.
• Suspicious movements in bank accounts.
• Changes to wills in cases where there may be doubts about the testator's ability to make decisions.

 

Symptoms of social abuse

• The person lies in bed or sits in the same place for hours.
• Absence of stimulation or entertainment activities.
• Restriction of visits or calls.
• The victim spends a lot of time alone.

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Symptoms of neglect or abandonment

• Deterioration of health.
• Medication problems, due to being excessive or insufficient.
• Improper clothing.
• Lack of hygiene.

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The special case of physical or pharmacological restraints

Many nursing homes use medicines or even belts to make it easier for the elderly to move around. Although these techniques are not prohibited, there are already movements such as ?Unleash?, launched by CEOMA, which seek to treat the elderly more respectfully and to use correct techniques to move them in instead of tying them up or medicating them.

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What does the law say about elder abuse in nursing homes?

Currently the Spanish Penal Code does not expressly criminalize elder abuse and there are many jurists who have been asking for a specific regulation on this issue for years.< /p>

In the absence of a specific regulation, the articles of the Penal Code that refer to the crimes of injury and mistreatment are applicable in these cases.

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What responsibility?Civil or criminal responsibility does the aggressor have regarding the abuse of the elderly?

Although there is no crime of elder abuse, the abused commit actions that can fit into other types of crimes. This is what happens with threats, harassment or even physical aggression.

What is done in these cases is trying the aggressors for the specific conduct committed and applying the corresponding penalty. Depending on the seriousness of the act or omission committed, the penalties can be a fine or even imprisonment, but custodial sentences are not usually too high.

Whenever a crime is committed, the victim is entitled to compensation. The person considered guilty of mistreating an elderly person must pay civil liability payment.

This compensation covers the expenses that the victim has had as a result of the crime suffered, for example if he had to go to the physiotherapist to recover from an injury, and also moral damages.

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What civil or criminal liability does the nursing home have?

Those responsible for the residence are the guarantors of the well-being of the residents. If it is shown that there has been negligence on their part by not being aware of what was happening, or that knowing what was happening they have not taken measures to protect the victim, they can be required criminal liability and civil liability.</p >

In the most serious cases, it could even close the residence and disable those responsible for it.

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¿ How to prove abuse in a nursing home?

One of the most serious aspects of the matter we are dealing with is that the abuse occurs in private, so there are usually no witnesses.

It is important that there is a complaint by the victim or their relatives, but it is always better  to have physical evidence that can be provided in a judicial process in case the case has to go to court.

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Can I use spy cameras and recorders as evidence in a trial to prove nursing home abuse?</h3 >

When using a spy camera or voice recorder extreme precautions must be taken to avoid violating the rights of third parties.

In these cases we are facing an extremely serious situation that probably cannot be demonstrated through any means other than video or audio, which is why the courts < strong>admit this type of evidence.

The jurisprudence indicates that the use of hidden cameras or voice recorders does not violate the right to privacy in those cases in which the final objective of their use is to demonstrate that a crime exists< /strong>.

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¿ Where to report abuse in a nursing home?

Once you become aware of the situation, report it to the center management so that they can take action. In the event that there is no action on your part, if it is a public center you can go to the Autonomous Community body that manages the residences.

In the most serious cases, you can choose to go directly to a Police Station to report the facts and initiate a judicial process to demand criminal responsibility and civil abusers.

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I need more information about nursing home abuse. Where should I go?

There are organizations that can help in cases of abuse in a nursing home. On the one hand, there is IMSERSO, whose functions include assisting the elderly.

Other alternatives are the CEOMA (Spanish Confederation of Organizations for the Elderly), EIMA (Association for the Investigation of Elder Abuse) and ALMAMA (Association to Fight Elder Abuse).

Any of these entities can guide you on what to do in a case of elder abuse and can even help you with your complaint.

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Don't hesitate, act</ h2>

Abused elderly are in a vulnerable situation that prevents them from defending themselves, so we have to help them. If you suspect that an older adult is being mistreated, do not hesitate to try to collect evidence of what is happening and report the situation. The sooner you act, the sooner the victim can get out of the problem they are experiencing.

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13 Frequently Asked Questions about elder abuse in nursing homes

How can I suspect that a family member is being abused in a residence?

Nursible elder abuse is a serious concern, and early detection is crucial to intervention. Here are some signs that a family member may be being abused:

• Unexpected physical changes: Unexplained injuries, such as bruises, cuts, or burns, may be indicative of physical abuse.
• Behavior changes: If you notice your family member is more withdrawn, anxious, or showing signs of depression or confusion, this could be a sign of emotional or psychological abuse.
• Neglect: If you notice that basic needs are not being met, such as a lack of personal hygiene, dirty clothing, or unexplained weight loss, this could be a sign of neglect.
• Fear or avoidance of certain caregivers: If your family member seems fearful or tries to avoid certain caregivers, this may be a sign that something is wrong.
• Suspicious financial changes: If you spot unusual withdrawals, unpaid bills, or changes to financial documents, it could be indicative of financial exploitation.
• Isolation: If your family member's access is restricted or limited without a valid reason, this can be a red flag.
• Constant complaints from your family member: Although some elderly people may complain regularly about their health, if complaints about inappropriate treatment or physical pain persist, they should be taken seriously.

 

What types of elder abuse exist in nursing homes?

Elder abuse can take many forms:

• Physical abuse: Any act that causes physical harm or pain, such as hitting, pushing, or pinching.
• Emotional or psychological abuse: Acts that cause emotional distress, such as humiliation, intimidation, or threats.
• Neglect: Failure to adequately attend to the basic needs of the older person, either intentionally or through negligence.
• Financial exploitation: Improper use of an older person's funds, property, or resources without their consent.
• Sexual abuse: Any type of sexual activity without consent, or in situations in which the older adult cannot give valid consent.
• Abandonment: Failing to care for or provide necessary care to the older person.

 

Are there devices or tools to detect abuse in these places?

Yes, there are several tools and devices that can help detect residential abuse:

• Hidden cameras : These devices can be discreetly installed in the elderly person's room to monitor the treatment they receive. However, it is essential to check local laws to ensure that its use is legal and does not violate privacy.
• Spy Voice Recorders : Like cameras, these can be used to capture conversations or sounds that indicate abuse. Again, it is essential to ensure that your use is in accordance with the law.
• Monitoring applications: Some applications allow you to monitor the well-being of the elderly, recording their mood, activity, and other relevant factors.
• Alert systems: Some devices allow older adults to send alerts if they feel in danger or need assistance.
• Regular Inspections: Although not a "device", frequent surprise visits to the residence can help detect irregularities in the treatment of residents.

 

What steps should I take if I think my parent is being abused at the residence?

If you suspect that your father is being abused in the residence, it is essential to act quickly to ensure his safety and well-being. Here I detail the steps to follow:

• Talk to your father: </ strong> Whenever possible, talk to him directly to get his perspective and understand the situation. </ li>
• Document the evidence: Write down any signs of abuse, such as bruises, behavior changes, or anything else that causes you concern.
• Share your concerns: Talk to the nursing home staff and management to discuss your concerns and hear their side of the story.
• See a doctor: If there are physical signs of abuse, take your father in for a physical to officially document the injuries.
• Inform the authorities: If you believe that the abuse is real and continues, notify the competent authorities or organizations for the protection of the elderly.
• Consider changing your residence: If your suspicions persist and you cannot find a solution, it may be necessary to relocate your father to a safer place.
• Seek legal advice: If you need it, consider consulting with an attorney specializing in the rights of the elderly.

 

How can I obtain evidence without violating the privacy of the elder or current legislation?

Collecting evidence of abuse without violating privacy or the law is crucial. Here are some tips on how to do it:

• Direct observation: Frequent visits and at different times can allow you to observe the behavior of the staff and the general conditions of the residence.
• Conversations with your father: </ strong> Write down specific details and dates of what your father tells you about his treatment. </ li>
• Testimonials from other residents: Talk to other residents or their families, without invading their privacy, to find out if they have observed or experienced similar situations.
• Medical records: Keep a record of medical visits, diagnoses, and treatments, especially if there are unexplained injuries.
• Photographic documentation: Without violating privacy, take photos of injuries or areas of the residence that you find problematic.
• Check Local Laws: Before using any recording device, check local recording and privacy laws to ensure you are not violating them.

 

What rights do older people have in residences?

Older people in nursing homes have several fundamental rights that must be respected, although these may vary by country and jurisdiction. Some of these rights include:

• Right to dignity and respect: Older people should be treated with consideration and respect at all times.
• Right to privacy: You have the right to privacy in your personal life and belongings.
• Right to security and well-being: They must receive adequate and safe treatment, free from abuse or neglect.
• Right to Participation: Older people have the right to participate in decisions that affect their lives and care.
• Right to information: They have the right to be informed about their health, treatment and any relevant aspect related to their stay in the residence.
• Right to representation: They can designate someone to represent them or defend their rights.
• Right to file complaints: If you feel your rights are being violated, you have the right to file a complaint without fear of retaliation.

 

Is it legal to install hidden cameras in nursing home rooms to prove elder abuse?

The legality of installing hidden cameras in dorm rooms varies by country and jurisdiction. In general, it is essential to consider the privacy of the older person and potential residents or employees of the residence. In many places, recording without the consent of the parties can be considered a violation of privacy and therefore illegal. Before installing any recording device, it is vital to consult local legislation and, if necessary, obtain appropriate consent.

 

What legal consequences does a residence face if mistreatment is proven?

If abuse is proven in a residence, the legal consequences can be severe and varied, depending on the severity of the abuse and local law. Some possible consequences include:

• Fines and Penalties: The residence may face significant fines for failing to meet standards of care and protection.
• Revocation of licenses: The residence's license to operate may be revoked, forcing it to close its doors.
• Legal Actions: Families of victims may file civil lawsuits against the residence for damages.
• Criminal Proceedings: In cases of severe or repeated abuse, those responsible may face criminal charges that result in imprisonment.
• Reparation: Residences may be required to pay compensation to victims or their families for damages suffered.

 

Are there organizations or support groups for family members facing this situation?

Yes, in many countries there are organizations and support groups dedicated to protecting the rights of older people and offering support to families facing abuse in nursing homes. These organizations can provide:

• Counseling and guidance: Help families understand their rights and the options available.
• Educational resources: Information on how to detect and prevent elder abuse.
• Emotional support: Support groups and counseling for family members and victims of abuse.
• Legal assistance: Guidance on how to proceed legally and in some cases representation in court.
• Advocacy and Activism: Work to change policies and laws to better protect seniors in nursing homes.

 

How can I help my family member overcome trauma after being abused?

Helping your family member overcome trauma after being abused is essential to her physical and emotional recovery. Here are some recommendations for offering the right support:

• Listen actively: Allow her to express her feelings and fears without interrupting or minimizing her experiences.
• Seek professional therapy: A psychologist or trauma therapist can provide techniques and tools for overcoming emotional pain.
• Secures your environment: Ensures that you are in a safe and comfortable place, free from additional threats or risks.
• Restore trust: Help her rebuild trust in others through positive activities and relationships.
• Educate the family: Make sure other family members understand the situation and how to properly support your family member.
• Participate in support groups: Support groups for victims of abuse can be a safe space to share experiences and find solidarity.

 

Is abuse common in nursing homes?

The prevalence of nursing home abuse can vary by country and region, but it is a globally recognized problem. Although many residences provide adequate and respectful care, there are reports and studies that indicate the existence of abuse in some establishments. It is essential to be informed and be proactive to ensure the well-being of family members in these settings.

 

What should I consider before selecting a residence for my family member?

Selecting a residence for your family member is an important decision that must be made with care and diligence. Here are some key considerations:

• Reputation and recommendations: Look for opinions, references and possible complaints about the residence in question.
• Visit the facility: Make unannounced visits to assess the quality of care, cleanliness, and the attitude of the staff.
• Staff-to-resident ratio: Make sure there are enough staff to properly care for residents.
• Staff Training: Ask about the training and certifications of the residence staff.
• Activities and Programs: Examines the activities and therapies offered to ensure the physical and emotional well-being of residents.
• Communication Policies: Find out how the residence communicates with families in case of incidents or emergencies.
• Financial aspects: Evaluate the costs, the services included and the possible additional fees.

 

What measures does ESPIAMOS.COM take to guarantee privacy and security when obtaining evidence?

I do not have specific information about the exact measures that ESPIAMOS.COM takes in relation toprivacy and security. However, companies dedicated to obtaining evidence or similar services usually adopt standard security practices to guarantee the confidentiality and protection of information. These measures may include:

• Data encryption: Use advanced systems to encrypt information and ensure that only authorized parties can access it.
• Security protocols: Implement strict policies for the handling, storage, and transmission of evidence.
• Staff training: Ensure staff are well trained in privacy and security best practices.
• Secure data deletion: Once information is no longer needed, ensure it is destroyed properly and securely.
• Reviews and audits: Conduct periodic reviews to ensure that security protocols are being properly followed.

For specific details on the measures taken by ESPIAMOS.COM, I recommend contacting the company directly.

 

Can nursing home staff face criminal charges for mistreatment?

Yes, in many jurisdictions elder abuse, especially when it is serious, can be considered a criminal offence. Residential staff who are involved in acts of abuse may face criminal charges that can result in fines, probation, or even imprisonment. Specific consequences vary depending on the severity of the abuse, local law, and the particular circumstances of the case. It is always essential to consult local laws and seek legal advice to better understand the potential criminal consequences in a specific context.