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.
Elder Care lawyers will review cases involving nursing home abuse and neglect resulting in injury or death. Elder abuse can include a large range of conduct including physical abuse such as slapping, shoving, burning and beating; emotional abuse such as name-calling, ignoring, intimidating, insulting and threatening; sexual abuse, including rape; financial abuse such as extortion, embezzlement and fraud; and caregiver abuse including withholding food, water, clothing, assistance with personal hygiene, and over or under medicating.
Nursing Home Abuse and Neglect
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.
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.
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
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.
NHRA
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." |
ELDER CARE HOT ISSUES
Nursing Homes Many state agencies have reported incidents of negligent care of nursing home residents resulting in death.
ELDER CARE ARTICLES AND INTERVIEWS
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Nursing Home Abuse Threatens Vulnerable Patients
Seattle, WA: Although senior citizens are among the most vulnerable of our population, or maybe because of it, nursing home abuse continues to be a major concern for those who know elderly people living in nursing homes. Elder care neglect still occurs far too frequently, often having serious consequences for the victims. There are laws designed to protect victims of nursing home injury, but it may require the aid of a lawyer..
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Ex Cons Caring for our Elderly in Florida
St. Petersburg, FL: An emerging issue tied to the topic of nursing home abuse and elder care neglect by workers at nursing homes, relates to the personal backgrounds of individuals who some might argue have no business working at an elder care facility..
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Bad Behavior Returning to the Nursing Home Business
Chicago, IL: For a while, nursing home care was improving. Bad operators in the business were sued into submission or driven out of business by tough legislation. "Unfortunately, conditions for nursing home residents are once again on the decline," says Steve Levin, a well-known lawyer and litigator from the firm of Levin & Perconti..
ELDER CARE EMERGING ISSUES
Nursing Homes Many state agencies have reported incidents of negligent care of nursing home residents resulting in death. Financial Elder Abuse allegedly taken advantage of in Southern California. Elder Abuse alleging abuse or neglect of seniors.
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