Nursing Home Abuse in Hawaii – How to Protect Your Loved Ones

Retiring in Hawaii sounds like a dream. And considering that the AARP ranks the Aloha state #1 for nursing home safety and quality, it might be. However, the senior population is growing, increasing the risk of nursing home abuse in Hawaii.

Unfortunately, cases of nursing home abuse are actually increasing nationwide, owing to a consistent lack of staffing.

Federal efforts are in progress to address this nationwide labor shortage in long-term care (LTC) facilities. But without enough qualified caregivers, the chances of neglect increase exponentially.

Though Hawaii has fewer issues than other states like Alabama, of the state’s 42 nursing homes, 40 have infection-related deficiencies.

For that reason, it’s very important for nursing home residents and their families to know the signs of substandard care. Read on to learn how to spot and report nursing home abuse in Hawaii, and when you need legal intervention.

Hawaii Nursing Home Resident Rights

All Hawaii nursing home residents have rights protected by state and federal law. These include not only the rights in the 1987 Nursing Home Reform Act, but also state-specific protections.

Nursing homes in Hawaii must legally inform residents of their rights in writing at the time of admission. They must also be available for reference at any time during a nursing home stay.

Some of the many rights that Hawaii guarantees its nursing home residents include:

• The right to treatment that is respectful and recognizes each resident’s individuality
• The right to a homelike environment, including use and safety of personal belongings
• The right to choose activities, schedules, healthcare, and providers
• The right to a reasonable accommodation of needs and preferences
• The right to welcome or refuse visitors of a resident’s choosing, at any time
• The right to participate in social, religious, and community activities
• The right to access personal and medical records
• The right to manage one’s own financial affairs
• The right to private and unrestricted communication with any person of their choice
• The right to freedom from abuse, neglect, and exploitation

There are more rules in addition to the ones above, but this gives a solid sampling. Also make sure to acquaint yourself with the rules specific to your facility as well.

The most important thing to remember here, however, is that individuals living in Hawaii nursing homes have protected rights. Elder abuse is not only unforgivable, it’s against the law.

Defining Nursing Home Abuse in Hawaii

According to Hawaii Revised Statutes §28-94 the definition of elder abuse in Hawaii is:

“Actual or imminent physical injury, psychological abuse or neglect, sexual abuse, financial exploitation, negligent treatment, or maltreatment.”

Abuse victims may also try to hide their situation out of shame or fear of retaliation from their caregivers.

Nonetheless, it’s vital to catch abuse before things escalate to the point where a resident’s well-being is in danger. It’s also wise to speak with an attorney so you know what steps to take next.

The most common types of nursing home abuse in Hawaii fall into the categories of abuse, exploitation, or neglect.

Physical Abuse

Physical abuse occurs when a caregiver or another resident intentionally causes bodily injury to a nursing home resident. It may show up as bruises, bleeding, broken bones, burns, swelling, and more.

Examples of actions that constitute physical abuse include:

• Punching
• Kicking
• Slapping
• Improper use of restraints (physical and pharmaceutical)
• Intentional refusal of resources

Emotional Abuse

Emotional abuse may be harder to spot since it may not leave a physical mark and often happens without witnesses. But the damage is sometimes even more traumatic for victims experiencing such psychological injuries.

Emotional abuse may take the form of:

• Verbal assaults and threats
• Humiliation and harassment
• Intentional embarrassment
• Intimidation
• Name-calling
• Blaming for minor offenses
• Isolation from other residents

This is one area where nursing home residents are afraid to speak up for fear of retaliation. Know that retaliating against reporting instances of nursing home abuse is illegal, and there’s always steps available to prevent such cases from occurring.

Create an environment where your loved one feels safe to disclose the mistreatment happening around them.

Sexual Abuse

Inappropriate physical touching or sexual assault is another form of physical abuse that goes unnoticed in nursing home environments.

Though less frequent than other abuse types, 1.9% of nursing home residents are victims of non-consensual sexual contact or overtures. While it may seem unfathomable this still happens in LTC, it does. Sadly, women and patients with dementia are most at risk.

Examples of sexual abuse may include:

• Sexual assault
• Rape
• Coercion to perform or watch sexual acts
• Indecent exposure
• Inappropriate advances
• Taking and distributing suggestive photos without consent

Financial Abuse

Financial exploitation of the elderly is extremely common owing to their fixed incomes and lifetime wealth accumulation. Regular retirement and social security benefits, savings, and other assets coupled with cognitive decline make seniors prime targets.

Sadly, there are unscrupulous individuals out there who will take advantage of an elder’s trust by directly manipulating their finances. Many nursing home residents don’t even realize someone is siphoning their funds until it’s too late.

Key examples of financial exploitation include:

• Unauthorized use of a nursing home resident’s credit, debit, or bank card
• Changing the designations of a will or insurance policy
• Taking belongings or money from a resident’s room
• Using a resident’s funds without permission

Understanding Nursing Home Neglect in Hawaii

Closely related, but not quite the same as other types of abuse is nursing home neglect.

The reason this warrants its own category is intent. Neglect indicates inadequate care or apathy, whereas abuse involves intentional harm.

But whether it’s on-purpose or not, long-term care facilities are responsible for nursing home neglect whenever it occurs. As such, Hawaii actually includes “negligent treatment” in its definition of abuse.

Signs that negligence is occurring in a nursing home in Hawaii may include:

• Failing to provide shelter, food, or clothing
• Not performing required wound or medical care
• Leaving residents in bed too long such that persistent bed sores develop
• Not providing wheelchairs or walkers for residents with mobility issues
• Refusing to change residents after episodes of incontinence
• Regularly turning off the call light or ignoring help requests from residents

It’s abusive to withhold adequate care from a nursing home resident in Hawaii, even when there’s an absence of malice. Furthermore, it’s a requirement of all licensed nursing home facilities that they meet the basic needs of their residents.

What are Warning Signs of Nursing Home Abuse?

One of the best ways to curtail nursing home abuse is to know how to spot the signs early on.

While the symptoms depend on abuse type, here are some of the clues the Department of Justice suggests you should look for:

• Bruises, black eyes, welts
• Bleeding, cuts, lacerations
• Sprains, dislocations, broken bones
• Unusual changes in sleeping and eating patterns
• Dramatic weight loss
• Emotional upset or agitation
• Personality changes, such as excessive apologizing
• Depression or anxiety
• Unexplained disappearance of funds or possessions
• Untreated bedsores
• Dirty clothing or undergarments
• Unsanitary or unclean living conditions

Try to keep lines of communication open if you know someone in a nursing home. This includes calling and checking up in-person regularly as well. You want them to feel comfortable sharing with you about the kind of care they are (or are not) receiving.

Many seniors hesitate to bring up their experiences because they don’t want to cause problems. Some also simply assume mistreatment is normal. Reassure them that they have a right to proper care and are safe to share any concerns.

Finally, don’t hesitate to report any suspicions of abuse you observe. There is no room for abuse in your loved one’s home, whether it’s inflicted onto them or their fellow residents.

Reporting Nursing Home Abuse in Hawaii

If you suspect nursing home abuse in Hawaii—or anywhere for that matter—knowing how to respond is crucial.

First of all, if you believe someone is in immediate danger, call 911 for emergency assistance. Never overlook this step if it seems necessary, as nursing home abuse can escalate quickly.

The next thing to know is that while anyone can report elder abuse, it’s a requirement for some individuals. Mandatory reporters have a legal obligation under Hawaii law to report abuse or neglect if they reasonably suspect it.

The list of mandatory reporters includes doctors, dentists, nurses, social workers, clergy, firefighters, psychologists and more. But even if you’re not required legally, reporting nursing home abuse in Hawaii is the right action to take.

Adult Protective Services 

Both mandatory reporters and ordinary civilians should report suspected adult abuse as soon as possible to Adult Protective Services. Run by the Hawaii Department of Human Services; the best way to immediately file a report is to call.

File a complaint by phone via the Adult Abuse or Neglect Reporting Hotline at 1-808-832-5115.

You may remain anonymous when you call. However, it should be noted that mandatory reporters must also file a written report per HI Rev Stat § 346-224.

Hawaii Ombudsman

Another important resource to know about is the official Hawaii Long-Term Care Ombudsman.

For those unfamiliar, an ombudsman is a free advocate who will act on behalf of a nursing home resident.

The job of an ombudsman is to identify, investigate and work towards the resolution of resident complaints. They will also help the families of residents while striving to protect the rights of all individuals in LTC situations.

In Hawaii, the Executive Office on Aging helps manage the ombudsman program. To find an advocate in your area to help:

• Call the statewide toll-free helpline at 1-888-229-2231
• Email: [email protected]

After you report the abuse, it may also be time to explore legal interventions and compensatory actions.

Why You Should Sue For Nursing Home Abuse in Hawaii

If demonstrable injuries result from nursing home abuse in Hawaii, a resident may also qualify for compensation from their losses. At this point, a civil lawsuit occurs in addition to any felony charges a perpetrator may incur.

To pursue a claim against a nursing home or individual, you will definitely need to acquire a skilled attorney. That’s because it’ll be your responsibility to prove the nursing home negligence in court.

A lawyer can help you collect the necessary information, define your abuse claim categories, and determine what damages to seek.

Types of Damages in a Hawaii Nursing Home Abuse Claim

Generally, there are two main types of damages available for personal injury cases due to nursing home abuse in Hawaii. These are compensatory damages awarded to make up for losses, and punitive damages, which act as deterrents against future wrongdoing.

Compensatory Damages

Compensatory damages are financial payouts for “actual” damages resulting from the incident.

These may be in the form of economic damages, like medical bills or money lost via financial exploitation. Or they may be non-economic damages like pain and suffering or emotional distress.

Punitive Damages

Unlike compensatory damages, punitive damages are not in place to make up for tangible losses. Instead, they’re a way to dissuade the perpetrator (and others who might consider such actions) from ever abusing again. It’s financial punishment for a defendant’s grievous behavior.

For a punitive claim to succeed, there must be clear evidence that the defendant was acting with intent to harm. Meaning, they knew what they were doing and your damages stemmed from their malicious actions.

Payouts for either of these types of damages depend on the evidence and your attorney’s skill in proving your case.

Hawaii Statute of Limitations

The statute of limitations for filing a lawsuit alleging personal injury from nursing home abuse in Hawaii is two years. The deadline is the same for wrongful death claims, but the clock starts from the date of the victim’s passing.

Though this is the most common statute term for most states, you don’t want to wait too long to file. That’s because if you miss this statute of limitations, it will lead to automatic claim dismissal.

Plus, it will take time for you and your lawyer to gather evidence. So, it’s best to start the process right away. Also keep in mind, your chances for a positive settlement go up exponentially if the details are still fresh.

Find an Hawaii Nursing Home Lawyer With LegalASAP

It will help to have someone who knows all the legal ins-and-outs of the system in your corner. A skilled nursing home abuse attorney can ease the stress of trying to navigate such an upsetting situation solo.

LegalASAP’s attorney network of 500+ law firms can connect you with an experienced legal advocate in your area right away. Additionally, all consultations are free, so you have nothing to lose. Get the assistance you need today so you can rectify this situation as soon as possible.