Years ago patients were known as patients in nursing homes. Now they are known as residents, because it is their home. A resident's nursing home space must be respected and treated as though they were in their own private home.

The most important thing to remember if elderly abuse or nursing home neglect is suspected, is that everything must be documented with who, what, where, when, why and how, if at all possible, with names, dates and statements of the resident and witnesses. Many times there is a fine line between nursing home neglect and abuse. An elderly abuse attorney can distinguish the difference between elderly abuse and neglect, given all circumstances correctly.

It has been a known factor in the nursing home industry that state surveyors have tightened the reins on neglect and abuse of residents. This has cleaned up quite a bit of the gross negligence that was seen nearly everywhere prior to the 90's. One such thing that was recently dealt with was restraints. Restraints of a patient are no longer tolerated by any state, and this pertains to any physical or chemical restraint as this is in itself denotes neglect and abuse.

Elderly abuse is defined in state laws nationwide. Abuse can come in the form of physical, emotional, financial, and or sexual abuse.

• Physical abuse of a resident is when pain and or injury are inflicted upon a resident through some physical contact by family, staff or another resident. Common physical injuries can be broken arms or wrists, hip fractures, back injuries, etc.
• Sexual abuse is defined as any non-consenting sexual contact towards the resident by a staff member, family or other resident.
• Emotional abuse is when a resident is humiliated, threatened or intimated by any staff, family or another resident and causes that resident emotional or mental anguish.
• Financial abuse is when monies of the resident are used without the resident's consent, by a family member, power of attorney for the resident or staff member through stealing money from the resident and using the funds for their own purposes.

Elderly abuse is always a serious matter. Generally victims are left with both mental and physical damages. For those that have been abused or neglected, know that there is help. If you or a loved one is seriously injured, contact an elderly abuse attorney who is skilled in nursing home neglect law and has the expertise and skills to help you get fair compensation for your damages.