On 13 November 2017 a journal article was published which detailed the high rates of abuse by nursing home residents on other residents . The researchers found:
- Over a 14 year period 28 people had died as a result of resident-on-resident violence
- There is likely under-reporting by nursing homes about resident-on-resident violence
- US research had found at least 20% of nursing home residents had experienced resident-on-resident violence
This is just further evidence detailing the dire experiences some Australians are having in some nursing homes. Nursing home care is undoubtedly very complex, and resident-on-resident abuse is no exception, with perpetrators generally having dementia or another form of cognitive impairment. Despite this, all nursing home residents have the right to be safe and free from harm in their nursing home.
elringtons has particular concerns about the emerging evidence of mistreatment. We have previously published on preventable deaths and nursing home abuse Nursing homes owe their residents a duty of care. This is established at common law and by the Aged Care Act.
Resident-on-resident violence raises questions about:
- How has a nursing home assessed the perpetrator’s and the victim’s needs?
- Has the nursing home provided appropriate care to the perpetrator?
- What sort of risk assessment has the nursing home conducted?
Nursing home residents are at particular risk of harm and are extremely vulnerable as they are, very often, unable to remove themselves from the sense of danger. elringtons has a particular interest in protecting the rights of nursing home residents. We can provide assistance with a range of issues such as:
- Putting in a complaint to the Aged Care Commissioner
- Advocating to nursing homes to resolve complaints and issues
- Obtaining compensation for extra treatment and care following nursing home negligence or misconduct
Please feel free to contact Tom Maling to tell us your story and to see how we can help.
Further resources
- Nursing home abuse
- How to make an effective nursing home complaint?
- What duty of care does a nursing home have?
- Dentist breaches nursing homes residents’ human rights
- Charter of Care Recipients’ Rights and Responsibilities – Residential Care
- Older Persons Advocacy Network
- Elder Abuse—A National Legal Response
For more information please do not hesitate to contact Matt Bridger or Tom Maling:
p: +61 2 6206 1300 | e: Info@elringtons.com.au
