Ethical Concerns in Addressing Elder Abuse - Essay Example

Abuse of the Elderly In The United States “The oldest trees often bear the sweetest fruit” -German Proverb Every person has the inalienable right to live free from harm. Each day, we hear about young children who are abused by their parents and caretakers. There is another group out there however, that is also being abused. This group consists of people who were once babies but later grew to be children and proceeded into adulthood. They are now our parents and grand parents. This group is the elderly, and shockingly they, too, are abused by their caretakers. Elder abuse is purposefully doing something to harm an elder person or put that person at risk. It includes physical, sexual and emotional abuse. At another context, it involves taking or misusing an elderly person's money or property (Lindberg, 2008). It should be noted that it is not only what is done, but also the failure to do what should be done that can count as elderly abuse; consider situations where the elder is neglected, unfed, and untreated for sickness. This happens in reality, whether done purposefully by the caretaker or merely due to neglect. Actions against the older person such as over- or under-medicating, depriving the elder of food and water, or exposing the elderly to severe weather are all considered as elder abuse, whether intentional or unintentional (Keita, 2007). Elder abuse can happen in hospitals or nursing homes. Take for example the case of Jennifer Matthew Nursing Home in Rochester, New York. An investigation was started at the nursing facility due to suspicions of elderly abuse. Family members agreed that cameras be put in relative’s bedrooms and the living facilities in order to prove negligent care on the part of the nursing facility. The captured videos showed residents left in their own waste for hours, unmoved in their beds for days, in overheated rooms, and left without a call button to ask for help or assistance (ABC News, 2006). The conditions are outright sickening, much more so to think that the nursing staff was just seen watching movies, sleeping and even leaving the facility. It does not reflect well of how elders should be treated, which should be with care, kindness, and attention as they have once cared for us and have been there to watch over us and help us grow. On January 20th 2006, after much controversy, the nursing home was finally closed due to grave cases of neglect. This is not the only case of elderly abuse. Sadly, there are many similar cases of elder abuse across the country. A study conducted by the minority staff of the Special Investigations Division of the House Government Reform Committee shows that 30 percent of nursing homes in the United States, that’s around 5,283 facilities, were cited for about 9,000 occurrences of nursing home abuse between January 1999 and January 2001 (ABC News, 2006). I simply cannot accept how neglected our elders are. Unfortunately, what I mentioned is not the worst of it. Most of the instances of abuse and neglect actually take place at home, since the great majority of older people live on their own or with their spouses, children, siblings, or other relatives (Keita, 2007) When elder abuse occurs, the abusers are usually family, other household members, and paid caregivers. Although there are extreme cases of elder abuse that make them obvious and easier to be noticed, in many instances the abuse is only subtle, so it may not be easy to draw the line between normal interpersonal stress and what can be considered an abuse. So it can happen, but we simply are not aware of it. It pains me to think that their own families are the sources of the abuse. Worse, such abuse is often excused as “family matters”, and since other people do not want to get into someone else’s business, then the abuse is not addressed. The elders suffer more and they just live with it. The abused elderly people do not seek for help because they are embarrassed and ashamed of themselves and their situation. Why do they have to suffer so when they are the ones who are very frail and they require more care and attention? Lack of respect and mistreatment of the elderly may even contribute to worsen the general situation. When older people are not treated properly and are regarded as unimportant, there is a negative influence on the society. Even more people fail to realize the importance of ensuring better circumstances of life for the elders. This attitude by family members is a complete abomination of the proverb supplied under the title of this paper. So what is being done regarding elder abuse? Nursing home regulations are enforced by the Health Care Finance Administration of the United States Department of Health and Human Services. The first set of nursing facility standards were set by the congress in 1967. In 1980 and in 1987 these standards were again updated, and now they are the most current nursing home regulations imposed under the Omnibus Budget Reconciliation Act of 1987. Omnibus Budget Reconciliation Act of 1987 (OBRA 87) states that each facility should provide each patient with care that will allow the patient "to attain or maintain the highest practicable physical, mental and psychosocial well-being." Quality of life for the patients is the objective. The facility must allow the patient a choice of activities, schedules, as well as health care decisions. OBRA 87 requires that skilled nursing facilities and intensive care facilities provide 24-hour licensed practical nurse care every day of the week, and have at least one regular nurse on duty at least 8 hours per day. Nurse’s aides are also required to undergo special training before working in the facilities. OBRA 87 makes it part of the State's obligation to establish, monitor, as well as enforce state licensing and federal standards. It is thus mandatory that States maintain investigatory units and Ombudsman units, as well as fund and staff them appropriately. The new Omnibus Budget Reconciliation Act of 1990 (OBRA 90), or The Patient Self Determination Act, addresses concerns regarding all long-term care facilities that participate in Medicare or Medicaid. It addresses issues regarding the proper process that should be done at the time of admission to a hospital or nursing home, at the time of enrollment with an HMO, Hospice, or Home Health Care Agency, the following guidelines must be followed: The facility must provide the patient written information regarding the patient's rights to participate in decisions concerning medical care. This includes the right to accept or refuse medical or surgical treatment, as well as the right to formulate advance directives. Advance directives are legal documents that convey the elder’s decision regarding how the elder should be taken care of at the end of his life, The facility must also provide a written statement of its policy regarding the implementation of these rights. The facility must document in its records whether the patient has stated any advance directives. The facility should not discriminate in providing medical care on the basis of whether a patient has or has not executed an advance directive. The facility is should comply with all the state laws regarding advance directives. The facility must provide for staff and community education on issues related to advance directives. These, as well as the budgeted investigatory as well as Ombudsman units, help enforce the regulations to protect against elder abuse. However, they may not be enough. Everyone, not only the government official and personnel but also civilians, should be vigilant and aware of what is happening. Thus, the question is: “How does one notice elder abuse?” There are actually many indicators that an elder is being abused. First, the elder has injuries that fail to comply with the “story” offered by the victim as an explanation for the injury (Creagan, 2005). The elder may at times become socially absent. Withdrawal from society due to embarrassment may happen, or their seclusion may be forced by the abuser. We can also notice some unusual behaviors in the victim, as well as notable change in the finances of the victim. (Creagan, 2005) There are steps that can and should be taken by a person that suspects elder abuse. Although it might be risky, assisting the victim and alleviating the elderly from the abuse is far more important than the risk we have to take. Victims are highly unlikely to actually admit that they are being abused because of fear and shame, so we should be open minded to possibilities and alert the police or report to local adult protective services any such situations (Creagan, 2005). In conclusion, while it is shocking that people could harm the elderly, it is in fact, happening every day. It shocks the conscience that one would harm the people who raised them. It is equally disheartening that nursing home caretakers abuse the people that need them the most. As macabre as this abuse is, it is far worse when people ignore it. Like other forms of abuse, elder abuse is not a simple problem, and it is easy for people to have misconceptions about it. It is happening, and it is here right in our midst. It is not something that you only hear on the news. It could be happening to someone close to you. What is important is that we should first accept the truth and the reality of elderly abuse. We have to accept that the problem exists in order to address it. Solving the problem of elderly abuse is of grave importance, and the life of an elder can be saved depending on with how fast and how vigilantly we can respond. Sources: ABC News (June 26, 2006). Nursing Home Abuses. Retrieved March 2, 2008, from Rochester Nursing Home Closes Its Doors For Good Web site: http://www.nursing-home-abuse-resource.com/news/new-york-home-closure.html. Creagan, E (2005). Mayo Clinic Plan For Healthy Aging. Retrieved March 2, 2008, from The Mayo Clinic Web site: http://www.aoa.gov/OAA2006/Main_Site/ Keita, , Gwendolyn (2007). Elder Abuse. American Psychological Association, Summer 2007, Retrieved March, 2, 2008, from http://www.apa.org/pi/aging/eldabuse.html Lindberg, M.D., D. (2008,2,28). Elder Abuse and Neglect, In Search of Solutions. Retrieved March 2, 2008, from Medicine Plus Web site: http://www.nlm.nih.gov/medlineplus/elderabuse.html Read More