By Lesley Ranft
“Nursing home neglect or abuse is one of the most prevalent and fastest growing forms of litigation in the U.S.”, as Jeffrey Schalpp, Attorney at Law, of Chicago, Illinois explains. The growing trends of nursing home abuse and neglect coupled with the projected increased need for nursing homes suggest that the time is right for every American to have greater concern about nursing homes.
Nursing Homes on the Plus Side
Nursing homes provide a necessary arm for medical attention should the need arise. They offer skilled nursing care post surgery or at the onset of a new medical condition that requires close monitoring. In elderly cases that require two assistants to move an elderly person, nursing homes can be a great advantage when compared with hiring two staff members for at home care. Nursing homes also provide long term care when necessary. As Bill Moran, Attorney at Law of Cranbury New Jersey adds, “Nursing homes are like rental units, you pay month to month and go along as the need requires. In addition, elderly persons with over one million in assets can usually keep their principles in tact throughout their nursing home stay.” Clearly, nursing homes have certain advantages. As Peter K. Levine, Attorney at Law, of Orange County, California adds, “It is important to know that nursing homes can be good places for the elderly. At the same time, family members must participate in their parents’ care.” By the same token, nursing homes do not provide the same type of care that a child may provide for a parent. And so, the reason for regulations…
Nursing Home Regulations
Nursing home safeguards consist of federal and state specific rules/ regulations that are meant to survey conditions in nursing homes and provide guidelines for quality care. Some of the regulations today do not meet the needs of the elderly. Staffing requirements may be one downfall. As David Couch, Attorney at Law, of Little Rock, Arkansas explains, “I’ve witnessed firsthand many types of nursing home abuse, including: dehydration, malnutrition, pressure sores, falls, fractures, medical errors. In the end, many cases can be prevented with one or two more staff members. Staffing matters.”
Below is a small sample of some of the current rules and regulations.
• OBRA has instilled federal rules and regulations, including: the Patient
Bill of Rights and a nursing home survey requirement that must be completed
within 15 months annually.
• Most state regulations require one annual survey by a governmental agency
such as the Department of Public Health.
• Proper care and assessment must be performed on each individual within 7 days of entry into a nursing home. High risk resident needs should be immediately addressed. Developmental care plans for each individual in a nursing home must be completed within 21 days of entry to the nursing home.
• Regulations require 3.2 nursing hours per day for each nursing home resident. No regulation for patients with higher need requirements.
A Public Movement Required
Currently, there is a small opportunity to improve regulations. In fact, nursing homes are not required to carry liability insurance so there is little incentive for nursing homes to maintain, stronger than required, check and balance systems- but this may soon change. As Jeffrey Schlapp adds, “Unless the public steps up by contacting governing bodies about the need for better mandatory rules and regulations, nursing home neglect and abuse will continue to grow at an alarming rate.” Illinois is one state that has proposed a mandate for nursing homes that requires a $2 million liability insurance policy. The idea behind the mandate is that it will help defray the costs associated with enforcing the rights of elder abuse victims. Unlike other business entities, nursing homes are not currently required to have liability policies in place. �
There are several more indicators that suggest a movement by the public is required for change. This includes: the nursing shortage, current overworked nursing staff members, lack of geriatric staff training, program cuts and nursing home owners insulated by corporate enterprise. As Peter K. Levine, explains, “There needs to be an increase in government budgets to provide greater accountability for nursing home management, an electronic records requirement to prevent medical errors, and greater awareness among consumers about nursing home care.” Currently, there is a Nursing Home Transparency Act that is being investigated. The goal of the act is to help strengthen the enforcement process so that nursing home owners cannot be protected by shell corporations that have limited liability for nursing home abuse. In fact, many nursing homes have arbitration clauses included in the documents that residents or caregivers must sign upon arrival. This initiative takes away the right of trial by jury for nursing home abuse. Yet, this may not be enforceable should a proposed bill be approved that suggests arbitration is not enforceable.
Nursing Home Abuse Statistics
Nursing home abuse violations totaled close to 9,000 with over 5000 nursing homes bearing allegations in the year of 1999. Over one quarter of the injuries presented a risk of death or serious injury. While this represents a small number when compared with the 1.6 million nursing home patients in 18,000 nursing homes, there is no doubt that the problem can become much larger when we consider all red flag indicators that suggest the requirement for change. This is also true from the prospective of red flag indicators that contribute to death. As Barry Lang, D. Lang, M.D., J.D. of Boston, Massachusetts explains, “Dehydration is a contributor to organ failure. Malnutrition is a contributor to pressure sores and infections. Too often, nursing home patients die from organ failure and infections that could be otherwise prevented.”
Signs of Nursing Home Abuse
It is critical for family members and caregivers to understand the signs of abuse, including:
- •Injuries significant enough to warrant emergency needs or hospitalization.
•Injuries of broken bones, including fractured hip.
•Unnecessary sedation or medication.
•An unfulfilled need for medication.
•Rapid weight loss or gain.
•Wandering off premises and resulting injury or death.
•Frequent illnesses that are not documented or presented to family or doctors.
•Assault, slap, push, shake, beat.
•Sexual Assault.
•Rape
•Physical Restraint
•Deprivation of food
•Neglect of medical attention by doctors or staff members.
•Delayed diagnosis and treatment.
•Neglect of daily living activities.
•Forced to stay in room.
•Unsanitary conditions leading to infections.
•Failure to protect from health and safety hazards.
Red Flag Indicators
- •Unexplainable upset or agitation
•Withdrawn behavior
•Unreasonable fear
•Childlike behaviors such as sucking or rocking
•Bed Sores, check back side and feet for sores. Booties should be on any bed ridden patient that requires two assistants to prevent bed sores.
•Hygiene Concerns such as ill kept hair, teeth, finger and toe nails. Showers schedules are often 2-3 times per week, making daily cleanliness essential.
•Nursing Home Citations filed with the Department of Health documenting cases of neglect or abuse.
It is important to note that some of the described red flags may be indicators of reduced cognitive function as represented in Alzheimer’s or Dementia.
The anticipated greater need for nursing homes creates a call to action for
every American today. Visit http://www.nursinghomeaction.org/ to
voice your desire to better support the elderly.
Connected Topics: Personal Injury and You, Personal
Injury Compensation, Medical Malpractice, Pharmaceutical Drugs, Product
Liability, Getting the Most Out of Your Insurance.
Tags: nursing home abuse, nursing home lawsuits, Nursing Homes
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