"Mom was in good health when we put her in the home, and she's been going downhill ever since". This sentiment, and too many like it, are repeated far too often in our country. For too many residents of our nation's nursing homes, inadequate care is commonplace. The Nursing Home Reform Law of 1987 provides that there must be an appropriate assessment of each resident entering a certified facility, and that 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". Regulations stemming from that law require that the facility protect its residents from unnecessary accidents. In 1998, a General Accounting Office (GAO) report on California's nursing homes concluded that "residents' safety cannot be guaranteed". One third of the homes looked at had "serious or potentially life threatening problems". California is unfortunately representative.

Injuries, and deaths, occur too often in our nation's nursing home facilities. Injuries are commonly encountered because of neglect, or omission of care, or because of the failure to properly monitor, assess or promptly notify a physician of a resident's problems. Abuse happens too often. In too many instances nursing homes are not properly or fully staffed, and often staff are not properly trained.

Common and preventable injuries which happen to residents in nursing homes include severe dehydration, severe malnutrition, restraint injuries, "pressure" or bed sores (also called decubitus ulcers), burns, falls, fractures, "wander off" injuries, physical abuse, physical assault, sexual assault, and rape.

Our nation's elderly are often frail, weak and helpless. We entrust them to nursing home facilities not only with the hope of excellent care and with the minimum expectation that they will be treated with dignity, kindness and compassion, in part because we want to afford them a thank you for the loving and compassionate lives they led. It has been said that the measure of a society is the way it treats its youngest, most helpless and it's oldest citizens. This truth reflects poorly on our nation, considering the care that many of our elderly receive in nursing homes. We must protect the elder and most vulnerable among us. When care that is expected to be provided is not, and when that neglect or abuse leads to injuries or death, the nursing home can be both contractually responsible and liable in "tort" law for compensation. If this type of problem presents for you, your call to my office guarantees a discreet, understanding, efficient and aggressive representation.

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