Nursing Home Abuse

As the population of the United States ages, the demands placed on the medical system to care for the elderly are becoming overwhelming. There are approximately thirty-four million people over the age of 65. Nearly one in twenty will require some form of assisted living. Unfortunately, our senior citizens are becoming victims of intentional abuse and neglect within nursing homes and assisted living facilities. While it is difficult enough to place a family member in a home, it is even more difficult to see that family member suffer under the care of an abusive, overburdened, and under trained nursing home staff.

The National Center for Elder Abuse and numerous nursing home abuse articles report that neglect of our senior citizens' basic needs is the number one type of elder abuse. Physical abuse by caregivers ranks as the second most common form of elder mistreatment. Almost one million senior citizens are victimized each year.

When abuse or neglect occurs in nursing homes and other assisted living facilities, it is often referred to as "institutional abuse." Institutional abuse can come in many forms, including physical, sexual, and emotional abuse. Physical abuse can be caused by hitting, unreasonably restraining, inappropriately drugging, refusing to transport, burning, and almost any other type of abusive physical contact imaginable.

General neglect of seniors is the most prevalent type of abuse. Neglect is the result of a lack of interest in the well being of the senior citizen. While physical, sexual, and mental abuse are the result of intentional and purposeful acts of the staff, neglect may occur when a caregiver simply does not care. Caregivers neglect their duty when they fail to provide some necessary element for the resident's survival. Such neglect can include anything from failing to provide food & water to not paying the heating bill.

Neglect often leads to health disorders such as dehydration and malnutrition, both of which can be fatal if left untreated. Elopement, when a resident successfully leaves a nursing home unsupervised, and wandering, when a resident moves aimlessly inside a care facility without supervision, often occur because of neglect.

Unbelievably, sexual abuse of the elderly is not unheard of in assisted living settings. The abuse can be at the hands of other residents or the staff. Some typical types of sexual abuse include sexual battery (including vaginal and anal intercourse without consent), forced nudity, and inappropriate photography.

Mental abuse of the elderly, while perhaps not as visible as physical abuse, can be just as, if not more so debilitating. One must be vigilant to uncover mental abuse, as the consequences of such abuse may not be immediately apparent. Mental abuse includes, but is not limited to, verbally harassing or intimidating the resident, intentionally not speaking to the resident, and isolating the resident from friends and family.

If a family member has been neglected, abused, or otherwise injured in a nursing home or assisted living facility, it may be important to contact an attorney who can help you protect your legal rights. Please keep in mind that there may be time limits within which you must commence suit.

Whether a caregiver fails to meet the needs of the senior (neglect) or actually physically or mentally abuses a resident, nursing home abuse is not uncommon in today's society, and we must do our best to prevent it. Recently, there has been increased recognition that elderly and dependent adults are subject to risks of abuse, neglect and abandonment. The abuse can be recurrent neglect or a single egregious event which produces injury, either physical or financial. There are several common types of injuries that are suffered as a result of recurrent neglect, including:

* Falls and fractures
* Physical or chemical restraints
* Malnutrition or dehydration
* Improper, wrong or over-medication
* Bed sores
* Lack of supervision (allowing residents to wander away from the facility)
* Physical abuse or unexplained injury
* Weight gain or loss
* Septic shock
* Gangrene
* Aspiration pneumonia
* Theft of money and personal property
* Unexpected or wrongful death
* Unsanitary conditions
* Untrained or insufficient staff
* Over-sedation
* Abandonment
* Substandard medical care
* Poor personal hygiene
* Defective equipment
* Sexual assault

The federal statute, the Omnibus Budget Reconciliation Act, and its interpretive guidelines, spells out how nursing homes are ultimately responsible for the health, medical care and well-being of their residents. A federal bureau known as the Health Care Financing Administration oversees compliance with these regulations. HCFA enforces guidelines for the evaluation, care and treatment of residents, aimed at maximizing the quality of each resident's daily life and minimizing abuse and neglect. If substantial compliance is shown, certification of the home is continued and the home can continue to receive government funds such as Medicare/Medicaid. If not, the home may lose its ability to receive these benefits. Care is expected to improve as nursing homes take steps to prevent injuries and avoid litigation, which is increasing.

Before proceeding with litigation, a review of the medical records is critical. All available family members, friends and witnesses should be interviewed to determine if there is any additional information regarding the elder's treatment or documents that will assist in evaluation. This should include inquiries regarding complaints and/or third party investigations by governmental authorities.

Because most victims in nursing home cases are long past the stage of earning wages and often have short life spans, analysis of these cases is different. Important factors which may impact the amount of damages that may be recovered include the egregiousness of the nursing home's conduct, whether a pattern of neglect can be shown, and whether injuries from the nursing home's negligence can be distinguished from the resident's existing disease process.

Williams & Moore, P.A. is committed to upholding the quality of care in our long-term care institutions by taking swift legal action to compensate nursing home residents and their families for injuries resulting from neglect or inadequate care. Only this way will the quality of care for all residents be assured. If you feel that you or a loved one has been victimized by medical malpractice while in the care of a senior citizen facility, call Williams & Moore, P.A. now at (866) 258-6700. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.