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Nursing Home Abuse and Personal Injury
You may have gone to great lengths and expense to find the right nursing home for a family member or a loved one. It is a traumatic and difficult decision to place someone in a nursing home so you expect, and they deserve, the best possible care.
Unfortunately and often due to shortage of staff and worse (some residents have been choked, punched and kicked by nursing home staff), the best nursing home care is not always readily available, and nursing home residents become victims of the "hidden crime": elder abuse.
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Nursing Home Abuse and Personal Injury: True Stories and Interviews
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Nursing Home: “Abuse Used to get Residents to Comply”
 Some residents who live in nursing homes complain that staff and management at those homes abuse patients. Barbara D. is one such patient. She says that when she tried to help other residents, she was labeled a trouble-maker and forced out of her home. She also says that she was forced to stay at a hotel while she waited for another nursing home to take her in. [ MORE: NURSING HOMES ABUSE RESIDENCE FOR COMPLIANCE]
Nursing Home Abuse: When Assisted Living, is Anything But
Imagine the horror of hearing the news that your husband of 49 years had died in the expensive, exclusive nursing home you had searched months for, prior to finding just the right one. An assisted-living home that came with a price tag of $75,000 per year. [ MORE: NURSING HOME CASH COWS]
Nursing Homes: Residents "Cash Cows"
Beth looked after her brother for two years before placing him in a nursing home�he suffered from dementia. But he got worse and Beth wanted to bring him home. The nursing home said he could only be transferred to another home�one of theirs. Her brother was another victim of nursing home abuse. [ MORE: NURSING HOME CASH COWS]
Nursing Home Abuse: More People Need to Speak Out
Kathleen Sadlier transferred her mother, Rita, from a hospital to a nursing home, thinking she would get rehabilitation. Instead, her mother received poor care and even an injury. Although Rita was there for just a week, Sadlier says she saw so much nursing home neglect that she had to take her mother out of the home. [ MORE: SPEAK OUT]
Nursing Home Fraud, Neglect & Abuse Much Too Common
Residents in nursing homes are some of the most vulnerable and helpless citizens in the US, with nearly 1.7 million elderly and disabled persons residing in about 17,000 facilities. [ MORE: NURSING HOME ABUSE TOO COMMON]
Wrongful Death in Nursing Home
"My father died because the nursing home neglected to monitor his liquids and intestinal condition. He was dehydrated and constipated - both serious conditions in the elderly. His caregivers ignored his basic needs. [ MORE: WRONGFUL DEATH IN NURSING HOME]
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More Nursing Home Abuse and Personal Injury Articles
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Nursing Home Industry - Breeding Ground for Whistleblowers
One of the most effective weapons the government has for unearthing fraud against Medicare and Medicaid in the nursing home industry is the False Claims Act. The fraud is so rampant in that industry that it should be officially designated as a breeding ground for whistleblowers. [ MORE: WHISTLE BLOWERS IN NURSE HOME INDUSTRY]
Beverly Enterprises - Poster Child Of Fraud And Neglect In Nursing Home Industry
Nowhere in the nursing home industry is the corruption, patient neglect and abuse and Medicare and Medicaid fraud more blatant than within the giant nursing home chain of Beverly Enterprises. Based in Fort Smith, it reportedly operates more than 400 nursing facilities, assisted living centers and hospices in 23 states and the District of Columbia. [ MORE: FRAUD, NEGLECT - BEVERLY ENTERPRISES]
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More About Nursing Home Abuse and Neglect
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Elderly people -- once independent and self-sufficient -- now find themselves totally dependent on nursing home staff and administrators. These once-productive members of society, now in nursing homes, are most vulnerable.
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Alarming Statistics
Abuse and even personal injury is often difficult to recognize; it is hidden by nursing home staff, or victims may be too frightened or incapacitated to report abuse. About 84 percent of abuse cases are unreported.
In 2001, nearly 1,600 nursing homes in the US (roughly one-third) were cited for abuse. From January 1999 to January 2001 alone, more than 5,000 nursing homes were cited for 9,000 abuse violations. And with an increasing lack of staff, these violations are not expected to decrease anytime soon.
(More than twice as many nursing homes were cited for abuse in 2000 than in 1996.)
While the nursing home industry agrees there is a need for stiffer background checks, it disagrees that abuse is widespread. Nursing home deaths are rarely detected by government inspectors, assessed by medical examiners, or investigated and prosecuted by law enforcement. Most deaths that were reported were preventable.
Seven Types of Abuse:
- Physical abuse - infliction of pain or injury, including sexual abuse.
- Misuse of restraints - chemical or physical control of resident not in accordance with accepted medical practice or orders.
- Verbal/emotional abuse -demeaning statements, harassment, threats, humiliation or intimidation.
- Physical neglect - disregard for the necessities of daily living such as food, water, bathing and basic care.
- Medical neglect - lack of care for existing medical problems such as ignoring a necessary medical diet, not calling a physician when necessary, being unaware of potential side effects of medication or not taking action on a medical problem.
- Verbal/emotional neglect - not meeting the patients' verbal/emotional needs including disregarding patients' wishes, or restricting contact with family and friends.
- Personal property abuse - illegal or improper use of a resident's property (funds, property, assets) by another for personal gain.
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Nursing Homes and the Law
 Most states have addressed the institutional abuse issue with laws that require doctors, nurses and other health care professionals to report suspected neglect to a designated state office. Laws further require nursing homes to investigate and report any abuse incidents that occur within their facility. Physicians, hospitals, nurses, therapists, aides, orderlies and administrators must provide adequate care, medical treatment and protection to the residents and patients in their facility.
By law, nursing homes must provide care to maintain the highest practicable physical, mental and psycho-social well-being of each resident.
Federal and state laws were designed to protect nursing home residents and the abuse or neglect that occurs there and in other assisted living facilities. Many states also require that nursing homes meet individual state standards relating to the type and quality of care required.
Failure to comply with these regulations has resulted in abuse that in turn caused illness, discomfort and death. This abuse is often referred to as "institutional abuse".
A California study found that only 23 percent of nursing homes in the state were compliant with federal regulations for quality of care�the rest (77 percent) practiced institutional abuse.
Institutional entities include skilled nursing facility (SNF) or homes, foster homes, group homes, and board and care facilities. Abusers may be staff members, other patients and even visitors
The Nursing Home Reform Act (NHRA) has specific requirements that nursing homes must comply with in order to participate in federally reimbursed Medicare and Medicaid programs. The NHRA states that a participating nursing home "must provide services and activities to attain and maintain the highest practicable physical, mental and psychosocial well-being of each resident in accordance with a written plan of care." In addition, nursing home residents have a right to: "a dignified existence, self-determination, and communication with and access to persons and services inside and outside of the facility."
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Nursing Home Press Releases
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APR-24-08: A Newberry County nursing home neglect case has resulted in the arrest of the nursing home's owner, 64-year-old Roy Lee Bowers, and he has been charged with neglect, a felony, because the patient was an adult who was vulnerable. The neglect led to the death of the patient. [ MORE: DEFEND SENIORS]
 MAR-09-08: Nursing home abuse is, unfortunately, not an uncommon occurrence. Luckily, there are organizations working to improve the rights of seniors who live in nursing homes and are, as a result, all too vulnerable. However, nursing home abuse is still a widespread problem, enough of a problem that lawsuits are constantly being filed against nursing homes accused of mistreating their residents. [ MORE: DEFEND SENIORS]
 MAR-03-08: A lawsuit has been filed against the owners of the Blossom South Nursing and Rehabilitation Center by the family of a 92-year-old former resident. The lawsuit alleges that the staff had not properly treated a bone fracture, which led to the amputation of the patient's right leg in December 2007. [ MORE: LAWSUIT OVER BONE FRACTURE]
 FEB-10-08: In what may be one of the more shocking cases of nursing home abuse, a nurse at a nursing home is accused of raping a partially paralyzed resident. The nurse has also been accused of abusing 13 other residents, although it is likely that number will increase as more victims, and families of victims, come forward. [ MORE: SHOCKING CASES]
FEB-06-08: A nurse has been accused and sued by a nursing home resident's family for allegedly raping a patient who is partially paralyzed and abusing approximately 13 other patients. [ MORE: NURSE ACCUSED OF ABUSE]
 JAN-20-08: It may be among the more shocking and sickening crimes to read about: seniors being abused in nursing homes. It is upsetting because it shows a complete lack of caring or respect for the elderly population and, in the case of nursing homes, it is committed by people who are paid to care properly for their residents. Those who would abuse seniors, physically, financially and/or emotionally are heartless, preying on people who are among the most vulnerable in our population. Unfortunately, nursing home abuse does happen. [ MORE: LAWSUITS AGAINST NURSING HOMES]
 JAN-09-08: As an aging population puts a greater importance and strain on nursing homes, seniors residences and assisted living, concern is mounting over nursing home safety, and the apparent rise in nursing home abuse. [ MORE: NURSING HOME ABUSE RISING]
DEC-05-07: Bullies are everywhere -- including nursing homes. And with a large percentage of nursing homes allegedly failing to comply with industry standards designed to protect residents from neglect, nursing home abuse continues to be an issue for many families. [ MORE: NURSING HOME BULLIES]
SEP-12-06: When nursing home facilities are found to be out of compliance or have deficiencies that put residents in immediate jeopardy, states are required to refer case information to Centers for Medicare & Medicaid Services (CMS) for enforcement action. [ MORE: RAMPANT NEGLECT AND ABUSE FOR ELDERLY]
SEP-02-06: Nursing home companies invest heavily in local politicians. They do so to ensure the failure of efforts to pass legislation unfavorable to the industry and to buy protection against fines and penalties levied by state officials charged with investigating and monitoring the industry. [ MORE: CORRUPT NURSING HOME INSPECTIONS]
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Nusing Home Abuse in the News
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FEB-12-08: An Ohio county grand jury has indicted a former nightshift nurse on charges of rape, sexual battery and patient abuse. The man told investigators that he has abused almost 100 patients since the 1980s. [ ABC: ELDER ABUSE]
JAN-23-08: A male night-shift nursing home nurse has been fired after allegations of abuse led to him being arrested. The man is accused of gross sexual imposition involving a patient at the home. [ REGISTER: NURSING HOME ABUSE]
DEC-24-07: Police are investigating a suspicious death at a nursing home after an anonymous tip alleged that a resident died after being beaten by a staff member. [ CHRONICLE: NURSING HOME ABUSE]
DEC-19-07: Serious reprimands for dangerous conditions at nursing homes increased by 22 percent from 2000 to 2006. Citations involved physical or sexual abuse and neglecting to give patients medication. [ UPI: NURSING HOME ABUSE]
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Register your Nursing Home Complaint
If you or a loved one has suffered from neglect or abuse in a nursing home, you may qualify for damages or remedies that may be awarded in a possible nursing home lawsuit. Please click the link below to submit your nursing home complaint to an elder care lawyer for a free case evaluation.
Posted on Aug-27-03
Updated on Apr-24-08
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