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Nursing Home Neglect: Should You Be Concerned?

"An appropriate care plan must be developed and implemented so that each resident is allowed to attain and maintain the greatest practical mental, physical, and psychosocial well being."
                                     - Nursing Home Reform Law, 1987.

One of the most difficult and heart wrenching decisions you will ever have to make is to place a parent or spouse in a nursing home. When you make this tough decision, you will want to make sure that your loved one is protected, safe and well cared for. You want assurances from the nursing home, and you want to know that the nursing home caregivers can be trusted with your loved one's life. Nursing homes are unfortunately not always ready to take on this task. Here are some frightening statistics.

There are over 33 million Americans aged 65 and over - by the year 2030 this number will grow to over 69 million. According to the General Accounting Office, by the year 2020, there will be nearly 14 million elderly in need for long-term care. Three out of five people over age 65 need or soon will need this type of care. With people living longer, this trend will increase.

Approximately 1.8 million Americans are now cared for in 17,000 nursing homes. The G.A.O., in a recent study, found that more than one-fourth of nursing homes had deficiencies that "caused harm to residents or placed them at the risk of death or serious injury." BE ALARMED: the number of certified nursing homes in the US fell 11% from 1985-1999, yet the number of nursing home beds increased 12% during that period.

In the summer of 2000, federal health officials concluded that most nursing homes are under staffed to the degree that patients may be endangered. In a report to Congress based on eight years of exhaustive research, the Clinton administration concluded that understaffing contributed to an increase in the incidence of severe bedsores, malnutrition and abnormal weight loss among nursing home residents. Many of the patients ended up hospitalized with life-threatening infections, dehydration, congestive heart failure and other problems that could have been prevented if the homes had more employees.

Two-thirds of elderly stroke survivors in nursing homes are not receiving medication to prevent further strokes. Approximately 50% of nursing home residents fall at least once a year. Among people 85 years and older, 20% of fall-related deaths occur in nursing homes. Approximately 10-20% of nursing home falls result in serious injuries. Heard enough? The lesson is clear - be very careful in placing your loved one into one of these facilities.

Abuse and Neglect

Some signs are obvious:

  • Significant weight loss  
  • Urine or Feces odor  
  • Bruises  
  • Severe mood changes  
  • Poor food consumption  
  • Skin rash/tears  
  • Depression  
  • Fear or anxiety  
  • Decrease in communication

Common injuries include:

  • Bedsores  
  • Burns  
  • Malnutrition  
  • Dehydration  
  • Improper medicine administration  
  • Fractures  
  • Death

Choosing and Evaluating a Nursing Home

There are several important factors to be consider when choosing a nursing home. Make sure to select a nursing home that is close to family and friends. A nursing home resident's quality of life depends on these visits. Involve your loved one in the decision-making process. Make sure to get references (family members of residents). Check certifying agency reports. Make sure to tour the nursing home, and visit at different times and on different days (there are less staff on weekend). You can learn by observation. See and hear how the staff members interact with residents. Make an unannounced visit and observe the lobby, corridors, rooms, dinning room and activities room and bathrooms. Notice the smells: does it smell clean or are there strong odors? Is the kitchen sanitary? Ask questions.

Here are some benchmarks that should be your overriding concerns: safety and good medical care, sufficient staffing, good interaction between staff and residents, resident stimulation, and a pleasant and secure environment.

When problems arise

  • Speak to nurses and staff often and politely  
  • Speak to the administrator if changes aren't made  
  • Contact local ombudsman  
  • File a formal, written complaint

Serious Injuries

  • Call an attorney!!  
  • Take pictures immediately and often  
  • Document everything - keep a diary!

Why an Experienced Nursing Home Injury Attorney

Claims involving Nursing Home neglect and abuse are very different than the run-of-the-mill personal injury or auto-accident case. There are far fewer attorneys who know what to do and how to obtain results with nursing home cases. An understanding of elderly, their unique problems, and a recognition of them as individuals with dignity and deserving the utmost of respect is essential. Too many attorneys question the value of a case where an elderly individual gets hurt, mistakenly believing that they are old, or suffer from Alzheimer's, or have dementia, that they don't suffer as much, or don't otherwise deserve full compensation.

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