What Is Involuntary Seclusion?

Over 3.2 million American adults live in nursing homes and other long-term care facilities in the Discovery Bay Area. In addition, as many as 40 per cent of adults will require the care of a nursing home as the population ages.

While a substantial percentage of elders obtain quality care, some are victims of abuse. A World Health Organization study revealed that 66% of nursing home staff members admitted to abusing residents in 2020.

A San Francisco, CA, nursing home abuse attorney can provide legal advice on protecting your or your loved one’s rights.

What Is Involuntary Seclusion?

Involuntary seclusion is a form of nursing home abuse where a resident is secluded or isolated to a specific area, such as a bedroom. There are exceptions where a resident may be isolated if they pose a danger to others or the facility requires time to create a treatment plan.

If a resident is secluded, it involves confining them to a specific space by force. For example, a resident is put to bed at 6 pm after dinner against their wishes, which is a form of involuntary seclusion.

Unless under exceptional circumstances, it is illegal for a resident to be secluded against their wishes. Victims of involuntary seclusion endure psychological torture and deserve compensation from the nursing staff or nursing home.

Common Signs of Involuntary Seclusion

If you suspect your loved one is a victim of involuntary seclusion, look out for the following common warning signs:

• The resident cannot communicate with family members, friends, or peers.
• The resident has no access to typical modes of contact such as telephone or digital devices such as a phone or a computer.
• The caregiver is indifferent or aggressive towards an elderly resident
• The resident is restricted from leaving a specific room or confined space
• The senior resident is restricted from engaging in activities or running errands done by other residents 
• The resident suffers from bed sores or rashes

Risk Factors of Involuntary Seclusion Abuse

Resident Risk Factors

There are risk factors that make specific residents more prone to abuse or neglect. Nursing home staff may seclude specific residents who seem to require additional assistance or whose care is more time-consuming than others.

Some risk factors that particular residents prone to home abuse include:

Mental Illness

Mental health conditions change how people think, behave, or process events. If your loved one is suffering from a mental health condition, they are more prone to nursing home abuse, including involuntary seclusion.

Here are a few examples of mental health conditions:

• Dementia 
• Alzheimer’s disease
• Post-Traumatic Stress Disorder(PTSD)
• Clinical depression
• Bipolar disorder
• Anxiety disorder

Physical Disability

Physical disability can provide an additional burden of care to a home nursing staff. Due to the extra time and effort, it may elicit a level of frustration in the caregivers, leading to various forms of home abuse, including involuntary seclusion.

Female Residents

Women are more likely to be targets of involuntary seclusion than men in nursing homes. The nursing home staff perceive women as easy targets, which makes them targets of abuse. There is also a higher number of women than men in nursing homes, explaining the disparity.

Veterans

Many veterans have post-traumatic stress disorder that requires additional medical attention than other residents. They are, therefore, susceptible to nursing home abuse, including involuntary seclusion.

Undertrained Nursing Home Staff

Nursing home staff are responsible for taking care of residents during their stay. If the staff members are poorly trained or experienced, they cannot perform well in their duties. More importantly, the staff members require ongoing training to adapt to the shifting needs of the residents.

Improper training ultimately impacts the residents and their quality of life. If a member of staff lacks knowledge and experience of proper resident care, they may resort to nursing home abuse, including involuntary seclusion.

Staff undertraining comes in various forms, including:

• Lack of awareness of specific nursing home policies
• Failure to undertake ongoing training and development
• Inadequate training on particular illnesses, needs, and disabilities
• Insufficient work experience in nursing home background
• Lack of understanding of the rights of residents
• Insufficient vocational and educational training

Understaffing

You can expect a loved one to obtain quality services from nursing homes with adequate staffing. Nursing home staff provide a high-level standard of care when supported by other members and operating in a team environment.

As soon as any organization, including a nursing home, becomes understaffed, it neglects some duties, leading to negligence. The staff shortages force nursing home employees to prioritize particular residents over others.

When a nursing home is chronically understaffed, it often creates a stressful and hostile environment. A worker operating in an understaffed nursing home can seclude a resident with special needs to minimize the time and energy necessary for offering them quality care.

Poor Nursing Home Management

A staff member may subject your loved one to involuntary seclusion in a poorly run nursing home. Suppose a nursing home lacks proper management and supervision policies. In that case, standards suffer, increasing the likelihood of nursing home abuse.

More importantly, if the management of a nursing home doesn’t set high levels of accountability regarding residents’ care, the staff members may feel less compelled to offer high-quality care. A persistent lack of accountability and leadership creates an environment where involuntary seclusion can occur without consequence.

Underpaid Staff

Many nursing homes are run by private organizations that are driven by the objective of maximizing profits. Because of the unique nature of the business, nursing homes apply different pay rates, with some offering competitive rates and others providing low rates.

Consequently, many nursing home caregivers feel undervalued and underpaid and need more motivation to provide high levels of care. When nursing staff lack the motivation to provide high standards of care, they can involuntarily seclude residents.

Other Caregiver Problems

Despite a nursing home having well-trained staff, competitive pay structures, and solid management policies, some cases of abuse are related to individual qualities. Some staff members of nursing homes commit abuse because of personal shortcomings.

Similar to all societies, some nursing staff members are likely to neglect their duty or be abusive towards others. 

Some individual factors that increase the likelihood of abuse include:

• Stress and burnout
• Poor physical and mental health
• A member of staff dealing with personal issues such as divorce or financial trouble
• A history of being abused

How a Nursing Home Abuse Attorney Can Help

The Federal Nursing Home Bill of Rights entitles the following rights to nursing home residents:

• Privacy
• Freedom from neglect, abuse, or mistreatment
• Be free from physical restraints
• Accommodation of physical, medical, social, and psychological needs
• Treatment with dignity
• Communicate freely
• Air their grievances without retaliation
• Ability to make independent decisions

That said, nursing home abuse, including involuntary seclusion, is unlawful. A senior citizen of a nursing home subjected to involuntary seclusion can file a nursing home lawsuit to recover losses associated with the abuse.

If the nursing home resident is mentally incapacitated, a representative can file the lawsuit on their behalf. If the involuntary seclusion results in wrongful death, a close surviving family member or their estate can file a lawsuit.

In most cases, an involuntary seclusion lawsuit is filed against the employer of the nursing member of staff who committed the abuse. Nursing homes have insurance policies and strong finances, which allow them to compensate injured victims.

Although some victims of nursing home abuse obtain compensation from the insurer of nursing homes, a nursing home abuse attorney can enhance your chances of success. 

Here are a few benefits of engaging an attorney in a home abuse lawsuit:

They Compile Supporting Evidence

A substantial part of the evidence required to prove involuntary seclusion will be in the possession of a nursing home. A nursing home may alter or destroy video surveillance and other sources of evidence to weaken your case. A home abuse attorney can conduct an immediate investigation while key evidence still exists.

An attorney has the skills to retrieve critical evidence to prove your claim, including the victim’s medical record, eyewitness disposition, nursing home staff schedules, and caregiver keycard data.

Representation in Court

The nursing home may adopt a hardline position during settlement negotiations. In other instances, they may table a low-ball settlement offer and blackmail you to accept it. 

A nursing attorney will represent you during negotiations, evaluate various offers and negotiate for a fair settlement value that matches your losses.

If you represent yourself, you may overlook crucial damages necessary for your relative’s recovery.

More importantly, a trial-ready home abuse attorney has the experience and qualifications to represent you in court. An attorney will build a solid legal strategy to protect the interest of your elderly relative in court. 

Contact an Experienced San Francisco Nursing Home Attorney Today

If you or a loved one is a victim of involuntary seclusion, you deserve compensation for the psychological torture. Consider choosing a qualified and experienced attorney who understands the rights of elderly residents and will work to establish the at-fault party liability.

The CartWright Law Firm has over 60 years of combined experience with a proven track record of representing victims of nursing home abuse.

Contact us online for a free case review.