Nearly 2 million elderly adults live in nursing
homes throughout the U.S. A rapidly aging population means thousands more will
move to adult care facilities in coming years, and it is predicted that the
number of elder abuse cases will also be on the upswing.
Unfortunately, reckless and negligent behavior
by nursing home staff is the primary cause of such abuse. Elder abuse has been
called the hidden crime because it is often difficult to recognize, it has been
concealed by nursing home staff, or the victims may be too frightened or
incapacitated to communicate the abuse. Nursing home abuse and deaths are rarely
detected by government inspectors, assessed by medical examiners, or
investigated and prosecuted by law enforcement.
According to the most recent federal study by the Health Care Financing
Association, more than 91 percent of the nursing homes in the United States
have insufficient nurse aid staffing levels to
provide the necessary care to nursing home residents. In addition, more than 40
percent of all nursing homes would have to increase nurse aid staff by 50
percent or more to reach the minimum threshold necessary to meet the residents'
needs.
Nursing home negligence typically includes the
failure to provide basic necessities such as water, protection from health and
safety hazards and general appropriate care. Negligence can result in injuries
such as falls, broken hips,
bed sores,
malnutrition,
dehydration, improper wound
care and other injuries which may result in severe medical complications and
even death.
Neglect and abuse can take many forms. The Office
of the Inspector General has categorized several types of abuse sustained by the
elderly in institutional settings:
-
Physical abuse — infliction of pain or
injury, including sexual abuse.
-
Misuse of restraints — chemical or physical
control of residents that is not in accordance with accepted medical practice or
orders.
-
Physical neglect — disregard for the
necessities of daily living such as food, water, bathing and basic care.
-
Medical neglect — lack of care for existing
medical problems such as ignoring a necessary medical diet, not calling a
physician when necessary, being unaware of potential side effects of
medications or not taking action on a medical problem.
There are several ways that you can file suit
against an abusive or neglectful nursing home, including fraud, neglect,
financial irregularities, failure to provide adequate care,
wrongful death,
breach of contract, pain and suffering, or failure to comply with nursing home
statutes. One of the most effective ways to improve the lives of nursing
facility residents is to take legal action when problems are discovered, in
order to discourage the continued violation of basic human rights, as well as
federal and state laws.
When someone you care about has been the victim of nursing home abuse, the
problems can seem overwhelming. Peterson & Associates, P.C. nursing home
litigation attorneys can advise you of your loved one's legal rights, tell you
what remedies might be available, and what action to take.
Do not wait until it is too late to seek legal
advice. Peterson & Associates attorneys offer a free initial
evaluation of your claim, and our attorneys will fight
aggressively to ensure that you and your loved ones receive full maximum compensation in
accordance with the law.
Nursing Home Litigation Areas
For more information:
Nursing Home Abuse
FAQs
Nursing
Home Abuse Legal Glossary |
