Nursing Home Neglect
Making the transition to a nursing home is a life changing decision. As our elderly become less independent, there comes a time when moving to a nursing home may be inevitable. It is our hope, expectancy, and assumption that our loved ones will be safe in their new community. Unfortunately, however, that’s not always the case.
By definition, a nursing home is a place of residence for those who need continuous care on a day-to-day basis. Elderly who can no longer care for themselves, adults with physical or mental disabilities, and those who need to convalesce following an injury or illness are typical nursing home residents. Services provided in nursing homes are often performed by nurses, social workers, recreational assistants, and physical, occupational and speech therapists.
Today, over 1.6 million Americans reside in over 16,000 nursing homes. More common than ever, these residences are becoming communities with the amenities of a hospital. And with the Baby Boomer generation aging, demand for nursing homes will soon be at an all time high.
With the high number of nursing homes and patients, regrettably comes neglect and abuse. Nursing homes are often understaffed with workers who are under qualified, insufficiently trained, and overworked. Often times, residents of nursing homes are unable to communicate their experiences due to mental or physical restraints. The subject is disheartening and is a serious problem, and should not be taken lightly.
Federal regulations oversee nursing homes and their staff, with some states adopting even stricter laws. In 1987, Congress enacted legislation for nursing homes participating in the Medicare and Medicaid programs to comply with certain requirements for quality of care. The Nursing Home Reform Act, as the law is called, specifies that a nursing home must provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.
Under the Nursing Home Reform Act, nursing home residents have the following rights:
- Access To Information – Residents and family members may inquire about available services and their charges, a facility’s policies and procedures, contact information for the state ombudsman, and a review of the state survey report on a facility.
- Participation In Care – Residents must receive adequate and appropriate care, be informed on any medical condition and involved in the planning to care for it, can refuse medication or treatment and be offered alternatives, and review their medical reports.
- Ability To Make Independent Choices – Residents may participate in facility activities, including a resident’s council.
- Privacy And Confidentiality – Residents have the rights to private phone calls, meetings with family, friends and fellow residents, have access to health providers, and confidentiality of medical, personal and financial affairs.
- Security For Possessions – Residents have the right to manage financial affairs and file a complaint for abuse, neglect, or misappropriation of property.
- Concerns And Complaints – Residents have the right to present grievances to the staff or others without fear of retaliation, and have grievances promptly resolved by the facility.
Even with the Nursing Home Reform Act intact, nursing home residents are too often neglected. Nearly 30 percent of nursing homes in the U.S. have been reported with cases of neglect or abuse, with high estimations on the number unreported.
It is advised to visit loved ones in nursing homes frequently and vary the times that you do to get a better sense of the situation. If there are concerns of neglect or abuse, they should be voiced to the Director of Nurses or an administrator at the nursing home. You should also file a complaint with the Maine State Board of Licensure in Medicine, as they are required to investigate your complaint.
Common signs of nursing home abuse or neglect include:
- Assault or battery
- Sexual abuse
- Physical restraint
- Deprivation of food and water
- Given too much or too little medication
- Unexplained illness, cuts, or injuries
- Extremely withdrawn or non-communicative behavior
- Unusual behavior such as sucking, biting, or rocking
- Disregard for necessities of daily living
- Lack of care for medical problems
- Unsanitary living conditions
- Poor access to healthcare
- Bed sores
- Infections
- Repeat and continued illnesses
If you or a loved one has suffered from nursing home neglect, there is help. Contact the Law Offices of Joe Bornstein today to discuss your legal rights. You may be entitled to compensation.
For more information on nursing home abuse and neglect please visit: http://www.medicare.gov/nursing/AboutInspections.asp.
Or call the Law Offices of Joe Bornstein toll-free at 1-800-772-4624 to speak with attorney free and confidentially.
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