Gordon & Doner, P.A. recognizes that nursing home abuse is on the rise. Americans are living longer than ever before, and nursing homes and assisted-living facilities provide an option for many older family members. However, as our senior population in Florida continues to swell, demands on these facilities increase, sometimes resulting in a serious reduction in the quality of resident care.
Nursing home abuse has been called the hidden crime because it can be difficult to recognize, has been concealed by nursing home staff, or the victim is too frightened or incapacitated to report the mistreatment. An estimated 84 percent of abuse cases go unreported or unrecognized. During the period January 1999 to January 2001, almost one-third of all U.S. nursing homes were cited for nursing home abuse, with many of the victims suffering serious injuries such as hip fractures. In all, more than 5,200 nursing homes were indicted for over 9,000 nursing home abuse cases (U.S. Congress/USA Today)
While many nursing homes provide quality care and support for their residents, a General Accounting Office (GAO) study reported that 25 percent of the nations’ over 17,000 nursing facilities “…had deficiencies that caused actual harm to residents or placed residents at risk of death or serious jeopardy.” Under the Nursing Home Reform Act of 1987, a nursing home is required to “provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident” in accordance with a specific plan of care. To obtain Medicare and Medicaid funds, nursing homes must also comply with the U.S. Code of Federal Regulations policies for long-term care that specify that Nursing Homes must:
- Have sufficient nursing staff to provide nursing and related services,
- Develop a comprehensive care plan for each resident,
- Prevent the deterioration of a resident’s ability to bathe, dress, groom, transfer and ambulate,
- Ensure that residents receive proper treatment to maintain vision and hearing abilities,
- Ensure that residents do not develop bedsores,
- Provide appropriate treatment and services to incontinent residents,
- Ensure that the resident receives adequate supervision and assistive devices to prevent accidents,
- Ensure that residents are free of any significant medication errors,
- Promote care for residents in a manner and environment that maintains or enhances each resident’s dignity,
- Ensure that the medical care of each resident is supervised by a physician and must provide or arrange for the provision of physician services 24 hours a day, in case of an emergency, and
- Provide pharmaceutical services.
Even with strict regulations, nursing home residents suffer abuse and neglect at the hands of those charged with helping them. Abuse may take the form of assault or battery, sexual abuse, rape, unnecessary physical restraint, insufficient food or water or the improper use of medication. Residents who are neglected may suffer lack of hygiene, lack of medical attention, bedsores, malnutrition, dehydration, emotional isolation, and “slip and fall” accidents.
There are ways to help prevent the abuse of a loved one in a nursing home:
- Visit often and at different times of the day
- Express your concerns to the nurses, aides, and other professionals that care for your loved one
- Talk to their doctor
- Call the state ombudsman at (850) 414-2330.
If you believe your loved one is a victim of nursing home abuse, you may want to consider taking legal action against the nursing home to stop the abuse and to protect the resident from further abuse.
Nursing home residents are protected under the Nursing Home Reform Act and the Americans with Disabilities Act, and should never have to suffer from nursing home abuse. In fact, according to the American Association of Retired Persons, the Nursing Home Reform Act established the following rights for nursing home residents:
- The right to freedom from abuse, mistreatment, and neglect;
- The right to freedom from physical restraints;
- The right to privacy;
- The right to accommodation of medical, physical, psychological, and social needs;
- The right to participate in resident and family groups;
- The right to be treated with dignity;
- The right to exercise self-determination;
- The right to communicate freely;
- The right to participate in the review of one's care plan and to be fully informed in advance about any changes in care, treatment, or change of status in the facility; and
- The right to voice grievances without discrimination or reprisal.
The need for a good nursing home abuse lawyer is more important than ever. If you believe a loved one has been abused, injured or died in a nursing home or assisted care facility, please contact Gordon & Doner, P.A., for a free, no-obligation, and confidential consultation. At Gordon & Doner, we believe our system of justice works best when skilled attorneys that have the resources to fully prepare and try a case represent both sides. Please complete our online contact form or call us toll free at 1-800-659-1159.
