Nursing Home Abuse in North Dakota – Legal Guide on How to Report Your Claim

According to the AARP’s Long-term Services and Support scorecard, North Dakota ranks decently high for nursing home safety and quality. Unfortunately, it ranks 48^th in nursing home cost, restricting lower-income brackets from receiving care. And that’s just one of the many causes leading to nursing home abuse in North Dakota.

What’s more, nursing homes nationwide are facing severe understaffing issues, preventing nursing home staff from providing adequate care to their residents.

With all that in mind, you can see why nursing home abuse in North Dakota is a legitimate concern. However, it’s also important to know that there are laws in place to protect nursing home residents. And there are actionable ways to hold abusers responsible.

If you suspect a case of nursing home abuse in North Dakota, keep reading. This guide includes the information you need, helps you spot and report abuse, and explains when a nursing home abuse attorney is necessary.

North Dakota Nursing Home Residents Rights 

Many people don’t realize that nursing home residents have federal and state rights guaranteeing them a certain level of care.

The 1987 Nursing Home Reform Act requires nursing homes to “promote and protect the rights of each resident”. It helps ensure compliance by withholding Medicare and Medicaid payments until nursing homes can meet state standards.

In North Dakota, there are also state-specific laws to further protect the state’s nursing home residents. You can read all the resident rights afforded to residents in this North Dakota Ombudsman handbook.

But for immediate reference, some of the many North Dakota nursing home residents rights include:

• The right to dignified and respectful treatment
• The right to receive services in a way that protects privacy
• The right to be free from the use of physical restraints or inappropriate use of psychoactive medications
• The right for medical records to be kept confidential
• The right to have access to and participate in social activities
• The right to manage personal financial affairs unless legal restrictions are in place
• The right to freely leave and return to their nursing home, consistent with the facility’s rules
• The right to have visitors and communicate with others privately
• The right to participate in one’s own care and decisions
• The right to file complaints without fear of retribution
• The right to have a safe and home-like environment

How to Define Nursing Home Abuse in North Dakota

Generally, there are two forms of nursing home abuse and neglect in North Dakota:

• Intentional abuse
• Nursing home neglect

Intentional means the abuser inflicts the harm on purpose, whereas negligent abuse stems from apathy and subpar care.

Multiple forms of abuse may occur in a single case, requiring a skilled nursing home abuse lawyer to organize the evidence. However, the most common fall into certain types of abuse (physical, emotional, sexual, financial) or nursing home neglect.

Physical Abuse

Nursing home physical abuse occurs when a caregiver or another resident intentionally causes bodily injury to an elderly adult. This is the most obvious form of abuse since it’s typically tangible and visible.

This type of abuse may become apparent as signs like inexplicable bruises, unexplained bleeding, broken bones, burns, and swelling appear.

Examples of the actions that may comprise physical abuse include:

• Punching and kicking
• Painful shoving
• Slapping
• Excessive use of restraints
• Intentional refusal of resources

Emotional Abuse

This is a more covert type of abuse that can be tough to uncover. That’s because many seniors are afraid to say anything for fear of retribution for their actions.

In fact, the Long Term Care Community Coalition (LTCCC) finds emotional abuse to be a top issue. In their They Make You Pay interviews of abused elders, many victims say they stay silent to prevent potentially facing retaliation.

Examples of emotional abuse may include:

• Humiliation
• Harassment
• Intimidation
• Isolation
• Manipulation
• Name-calling
• Blaming for minor incidents
• Verbal assaults and threats

Sexual Abuse

Though incidents of nursing home sexual abuse are lower than other types of abuse, about 1.9% of all cases, it still happens in LTC settings. This is especially true for women and residents with mental impairments like dementia.

Sometimes the perpetrators are staff, but other residents may also be culpable. Regardless of the source, no older adult should have to fight off non-consensual touching and lewd conduct.

Examples of sexual abuse may include:

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

Financial Exploitation

Otherwise known as financial abuse, exploitation is a particularly cruel way to take advantage of nursing home residents.

Unfortunately, the elderly are especially vulnerable to exploitation owing to their steady retirement income and accumulated lifetime savings. These consistent forms of financial support make them prime targets for fiscal theft.

Losses often go unreported by seniors because they’re embarrassed or sometimes, they’re simply unaware of the draining of their funds. This is especially true if they trust their caregivers, not suspecting them of any wrongdoing.

As such, the amount of money seniors lose annually to financial abuse is potentially billions of dollars per year.

Prime examples of financial exploitation may include:

• Unauthorized use of a nursing home resident’s credit, debit, or bank card
• Changing the recipients of a will or insurance policy
• Taking money or jewelry from a resident’s room

Neglect

Nursing home neglect is technically under the umbrella of abuse, but it lands in a slightly separate category. This is owing to the “intentional” versus “negligent” delineation.

In most cases, but not all, neglect results from inaction or a sub-standard level of care rather than malicious intent. However, make no mistake that it’s still absolutely harmful for the victim.

A good way to understand neglect is to think about a caregiver ignoring the needs of a resident. This is withholding basic care and human interaction.

Sadly, with the consistent understaffing issues in many nursing homes, elder neglect is becoming an even bigger issue.

For context, examples of nursing home neglect might include:

• Failing to provide shelter, clothing, or food
• Letting residents remain in bed too long for bed sores to develop
• Not performing necessary medical or wound care for residents
• Not providing walkers and wheelchairs to those with mobility issues
• Neglecting to bathe residents, or change those with incontinence
• Turning off a call light or routinely not responding to resident requests

What Can Cause Abuse in Nursing Homes?

As previously mentioned, nationwide nursing home staffing shortages can cause nursing home abuse in North Dakota facilities.

When nursing home employees face a shortage, they may neglect aspects of care that shouldn’t be ignored. Compounded over time, chronic neglect can cause many long-term physical and emotional issues.

A great deal also depends on the individual nursing home, its quality, and the caliber of the facility’s oversight and management. Without proper resources and funding, the risks for inadequate care and neglect increase exponentially.

Doing due diligence on LTC facilities is one proactive way to minimize the risk. Ask frequent questions about staffing and turnover rate before entering or admitting a loved one to a nursing home.

Medicare’s Nursing Home Compare tool further allows you to check and compare different facilities in North Dakota. It will also give detailed information about the number of staff working at each home and recent inspection results.

Early Signs of Nursing Home Abuse

Knowing how to spot the signs of abuse early on is vital to curtailing such behaviors and preventing escalation.

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

• Physical signs of excessive punishment or restraints
• Repeated and unexplained injuries, cuts, bruises, broken bones
• Unusual changes in sleeping and eating patterns
• Persistent bedsores
• Dehydration or malnutrition
• Emotional unrest or agitation
• Personality changes, such as excessive apologizing
• Depression or anxiety
• Unexplained disappearance of funds or possessions
• Torn or dirty clothing or undergarments
• Unsanitary or unclean living conditions

It’s important to keep lines of communication open for your loved one in a North Dakota nursing home. This includes calling and checking up in-person regularly as well.

The best way to prevent future abuse is to recognize the signs right away and report suspicions without delay.

How to Report Nursing Home Abuse in North Dakota

Though many older adults are afraid to speak up, you shouldn’t hesitate if you believe there is evidence of abuse.

In some cases, it’s actually a requirement. North Dakota has mandated reporter laws in place for people in certain professions. Individuals on this list are typically workers who have direct contact with the public such as:

• Caregivers
• Counselors
• Emergency medical personnel
• Family or marriage therapists
• Firefighters
• Hospital personnel
• Law enforcement officers

A mandated reporter under federal law must report suspected instances of abuse or neglect. Failure to do so may lead to fines up to $1,000.

Even if you’re not in a position where reporting abuse is a professional requirement, it’s the right thing to do. Fortunately, there are several ways you can go about reporting a case of nursing home abuse in North Dakota.

Adult Protective Services

The North Dakota Vulnerable Adult Protective Services (ND VAPS) program is the best place for officially reporting nursing home abuse.

Run by the Department of Health & Human Services, ND VAPS suggests first calling law enforcement when there’s immediate danger.

After that, you can report your concerns by:

• Filing a report online.
• Printing the form and emailing it to [email protected] or faxing to 1-701-328-8744.
• Calling the Vulnerable Adult Protective Services Central Intake Line toll-free at 1-855-462-5465

North Dakota Ombudsman

Another valuable resource for nursing home residents comes in the form of the North Dakota Long-Term Care Ombudsman program.

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 North Dakota, there are several ways to reach out to the ombudsman office. These include:

• Reporting concerns online by completing and submitting the Long-Term Care Ombudsman Program Complaint Form.
• Sending an encrypted email to [email protected].
• Calling toll-free 1-855-462-5465, select option 3, or 1-701-328-4617.

Damages in a Nursing Home Abuse Claim

Even after following proper reporting protocol and doing facility research, you may wish to contact a nursing home abuse attorney. That’s because depending on the severity of the case, it may make sense to seek compensation for the victim.

Generally, there are two types of damages available in North Dakota nursing home abuse lawsuits. These are compensatory damages and punitive damages.

Compensatory Damages

When damages are compensatory in nature, they cover measurable losses from the abuse.

If the losses are quantifiable for things such as covering medical bills or lost funds from financial exploitation, they’re considered economic damages.

Non-economic damages may be harder to prove, in the same way emotional abuse is less tangible. However, they include payouts for very real conditions like emotional distress or pain and suffering.

Punitive Damages

Punitive damages are slightly different in that their purpose is to punish the perpetrator, not cover any losses.

For most cases of nursing home abuse in North Dakota, punitive damages are not generally available. That’s because they’re only allowable when the victim’s side can definitively show the abuser was intentional in causing harm.

However, in particularly egregious cases, a claim may include punitive damages to hopefully deter others from trying such actions.

North Dakota Statute of Limitations

The statute of limitations for filing a lawsuit alleging personal injury from nursing home abuse in North Dakota is six years.

The statute of limitations is two years for cases of wrongful death, starting from the date of the victim’s passing.

In either situation, however, it’s best not to wait so you don’t miss your opportunity to file. Also keep in mind that you stand a better chance of a positive settlement when details are fresh.

LegalASAP Can Help Connect You With a Nursing Home Lawyer

Projections show that by 2025, 18% of North Dakota’s entire population will fall into the 65+ age category. As such, the need for quality LTC facilities will go up. And correspondingly so will the risk of nursing home abuse in North Dakota.

If you find yourself in a situation where nursing home abuse seems probable, consider finding an attorney to help. LegalASAP’s network of 500+ law firms across the United States can connect you with a North Dakota nursing home lawyer. Because no one should be suffering where they live, especially our elders.