How widespread is nursing home abuse and neglect in the United States?

More than 1.6 million Americans, our most frail and vulnerable citizens, live in the nation's 17,000 nursing homes. In 1999, the Health Care Financing Administration (HCFA) will have paid nursing homes approximately $39 Billion dollars through Medicare and Medicaid. HCFA pays another $210 Million dollars each year to state agencies that inspect and certify nursing homes and are suppose to enforce federal standards of care. However, the U.S. Accounting Office reports, requested by the aging committee and based on surveys of 14 states, show that enforcement is not working well. They cite serious violations in care, most frequently, the homes' failure to prevent accident, serious malnutrition, dehydration and pressure sores. Complaints often remain uninvestigated for weeks and even months. Delays of more than six months are common, even in cases where residents allegedly died from neglect. About 40% of the homes found with deficiencies are repeat offenders, yet sanctions for noncompliance are often delayed years or in some cases, never imposed. The nursing home resident's only protection may be the family member's diligence in reporting any perceived problems.

Never take the resident's care for granted and assume adequate protections are in place. Contact a qualified attorney immediately if you suspect abuse or negligence in a nursing home facility, you could save a life!

What are the causes of nursing home abuse and neglect?

In many cases the bottom line is at fault. Nursing homes routinely lack sufficient numbers of qualified staff for their residents. Poorly qualified, untrained, and/or overworked staff are not capable of addressing the demanding daily needs of nursing home residents. Exposing neglect or abuse in a nursing home facility is much more difficult than in some other health care contexts because the nursing home residents are often incapable of communication the nature and occurrence of their abuse or neglect because of their physical and/or mental infirmities.

What are the various types of nursing home abuse and neglect?

Nursing home abuse and/or neglect of the resident can involve not only the physical well being but also the mental and psychological well being. The following examples are only a few ways that nursing home residents can be harmed:

• Failure to answer call lights in a timely fashion
• Failure to provide proper nutrition and hydration
• Failure to assist in personal hygiene when needed
• Over-medication or under-medication
• Failure to take reasonable precautions to prevent falls
• Failure to turn residents in their beds (leading to pressure sores)
• Failure to take residents to the toilet (leaving them in soiled garments or beds)
• Slapping or other physical abuse of the resident
• Use of unwarranted chemical or physical restraints
• Emotional or verbal abuse of the resident
• Retaliation for making a complaint or filing a grievance
• Failure to take adequate precautions to prevent injury to the resident
• Sexual assault or rape of the resident
• Theft of the resident's money or other personal property

How can one recognize the signs that abuse or neglect may be occurring?

Any one or more of the following examples could warrant an investigation of the facility and its practices:

• Bedsores
• Skin rash
• Urine or feces odor
• Lack of attention to resident's personal hygiene
• Falls resulting from lack of adequate precautions or assistance
• Skin tears
• Bruises, contusions or lesions
• Bone fractures
• Significant weight loss
• Dehydration
• Disorientation
• Depression or isolation
• Unexplained mood changes
• Fear or Anxiety
• Unexplained refusal or inability to communicate
• Presence of unjustified chemical or physical restraints

What can I do if I suspect nursing home abuse or neglect?

Collect as much data as you can that will justify your concerns and contact a qualified attorney for advise as soon as possible. A qualified attorney will know how best to approach the situation and fully protect the interests of the resident. You could begin by bringing it to the attention of the nursing home administrator at the nursing home or you may seek the assistance of the government agencies that regulate nursing home care, however, an attorney will most likely respond with prompt action to ensure the health and safety of the resident.

What is the first step in pursuing a nursing home abuse or neglect claim?

If you develop a "gut feeling" that something is wrong you should first consult with a qualified attorney to review the matter who will often consult with medical professionals. This process often involves the obtaining and review of nursing home and medical records along with other pertinent information. If it is determined that you have a good case, the next step is give written notice of the claim to the individuals or entities that are believed to have committed the abuse or neglect.

What if an attorney tells me that I do not have a good case?

It is recommended that you seek a "second opinion" from one or more qualified attorneys if you are told that your case has no merit.

What are the costs involved in pursuing a case?

Many attorneys will agree to take your case on a contingency fee arrangement. This means that the attorney will not charge an hourly fee for his services but instead be paid a percentage of the recovery in the event of a settlement or judgment.

When must a claim be filed?

Due to the "statutes of limitations", a victim of medical malpractice (including nursing home abuse and resident neglect) has a limited time period in which they can pursue a claim or be forever barred. Certain exceptions do exist but it is critical that you seek the advice of an attorney immediately if you suspect nursing home negligence and/or abuse of a resident. Deadlines can greatly affect the outcome of a case. For instance, some claims against government entities may require that the entity or entities be put on notice much earlier than the statute of limitations period. Your attorney needs ample time to complete a medical and legal analysis prior to filing a claim. If the nursing home or medical professional conceals the incidents of malpractice, neglect or abuse, victims are allotted additional time to file a lawsuit though that must be determined by a qualified attorney. Time is of the essence!

How long will a nursing home abuse or neglect case take?

You should understand that the legal and medical complexities of each case make setting a time limit impossible. A quick resolution cannot be guaranteed. Many cases are settled prior to litigation however, if the case is litigated to trial, it could go on for a number of years.

Notice:

Each case is different and different facts may yield a result you would never expect from reading this brief Web page. The information on this Web site cannot replace the careful consideration of personal factors and changes in the law, which may apply to your legal problem. While this information may help you, do not rely on it as the final answer to a legal question.