Nursing Home Abuse and LGBT Residents
When you become a nursing home resident, you expect fair, responsible treatment
from staff, doctors, and other residents. But for LGBT residents, there is a
constant fear of discrimination and abuse. As a result of the AIDS crisis, there
were few elders in the LGBT community to provide guidance for younger
generations, fight against discrimination in the nursing home industry, and form
inclusive groups for older LGBT individuals. Many LGBT individuals who are in or
beginning to enter nursing homes lack the necessary legal and social support to
defend against discrimination and, ultimately, abuse.
Constant Fear of Discrimination
The struggle for LGBT rights has been a long and difficult path in the United
States and while great strides have been made in recent decades, there are still
consistent reports of hate crimes and discrimination. For older members of the
community, aging often comes with added fears, as they find it harder to defend
against abuse and lack the support of close family. Older LGBT individuals tend
to be single, do not have children, and are more likely to be estranged from
close family, making them feel isolated. 76% of LGBT adults ages 45 and up
revealed that they worry about the lack of social support as they get older and
60% fear that they may be denied care based on their sexual orientation or
gender identity, according to a survey conducted by AARP. These individuals also lack LGBT-friendly senior resources in their
communities, with only 10% having access to services in rural areas and 24% in
medium-sized cities. In addition, 89% of LGBT individuals fear discrimination
from nursing home staff and 81% fear discrimination from other residents, as
reported by the National Resource Center on LGBT Aging. This anxiety, compounded by reports of discrimination in senior living
communities, such as the case of Wetzel v. Glen St. Andrew Living Community, LLC (Justia), makes it difficult for residents to speak out about hate crimes and abuse
when it occurs.
Are These Fears Justified?
No abuse should occur in any nursing home or senior living facility, no matter
what the victim’s sexual orientation or gender identity is. But the truth of the
matter is that abuse does occur. In a survey of 853 instances of reported abuse
against LGBT residents, it was revealed that:
- 23% involved physical or verbal abuse from other residents;
- 14% of those surveyed were physically or verbally abused by nursing home
staff; - 20% were not allowed to enter a facility, were denied re-admission, or were
discharged without warning; - 11% of spouses were denied medical power of attorney;
- 11% were not allowed to see visitors;
- 9% received transphobic verbal discrimination and staff refused to use their
preferred name or pronouns; - 6% were denied basic care; and
- 6% were denied medical treatment.
While this is a small sample size, it is important to remember that not all
abuse is reported. In addition, there are roughly 9 million LGBT individuals in
the United States, according to the Williams Institute of UCLA. Analysts theorize this number is actually higher, as there are still many
members of the community who are closeted. Among those 9 million, roughly 23%
are above the age of 65, and any number of these instances of nursing home abuse could apply to them.
Protecting the Rights of LGBT Nursing Home Residents in Albuquerque
If you have suffered nursing home abuse as an LGBT resident, it is very
important to understand that you do have rights. All nursing home residents have
the right to be free of abuse and harassment as outlined by The Consumer Voice, who also provide multiple resources for older LGBT residents. AARP has also provided a guide to finding LGBT-friendly senior living communities,
which includes assistance from SAGE, the Human Rights Campaign, and the LGBT
National Help Center, among others. Residents of Albuquerque and the rest of New
Mexico may also contact the New Mexico Long-term Care Ombudsman to report abuse. Every nursing home resident should live free of
discrimination and receive fair treatment from their care givers. If you are a
nursing home resident in New Mexico who has suffered abuse from staff, visitors,
or other residents, do not hesitate to contact Sorey & Gilliland at (903)
207-5526. We will advocate for your rights and hold all liable parties
accountable for any unfair treatment or injuries.