nursing home abuse

Published on: May 17, 2024

Biden Administration Sets Minimum Nursing Home Staffing Requirement

Understaffing at nursing homes is a primary cause of abuse and neglect at these facilities. The White House has moved to tackle such neglect by imposing a minimum staffing requirement on nursing homes.

In the final version of the new rule, the Biden administration has clarified that at least one nursing staff member should be present in a nursing home 24 hours of the day. The rule also requires these facilities to have enough staff members to provide at least 3.18 hours of care for every resident in a facility in a day. The rule also includes a requirement for nursing home facilities to properly assess the health needs of every single resident in their facility, to help speed up the diagnosis and treatment of sicker residents.

In September, the administration invited comments from the public about the proposed new rule, and received more than 48,000 comments from the public. These comments involved residents who had been forced to lay on the floor for a long time after falling down because staff was not available to attend to them, and older residents who had to sit in their own filth for hours without being cleaned up. Other comments said that residents were often not fed on time, leading to malnutrition. All of these cases of neglect are the direct result of understaffing at nursing homes, a serious problem that has worried the federal administration for decades.

Published on: July 8, 2023

Nursing Home Abuse Prevention Checklist for Families

by Robert N. Katz, Esq.

This June, elder advocate organizations around the country are calling for a focus on the rights of seniors, and the prevention of abuse and neglect involving elderly persons, millions of who live in nursing homes.

On June 15, elder organizations across the world including the World Health Organization at the United Nations will mark World Elder Abuse Awareness Day to raise awareness about the risks of abuse, exploitation and neglect involving seniors. Events and commemorations are being planned for the special day across the world, including the United States where more than 50 million people above the age of 65 currently live. Out of these, close to 1.5 million people live in nursing homes, and a million more live in assisted living facilities.

For families, the decision to place a loved one in a nursing facility or an assisted living facility is never an easy one. It is, unfortunately, the only option available for many people who often find themselves worried and anxious about the safety and care of their loved ones in these facilities. The fact that so many nursing homes in the United States have questionable standards of care at best is definitely a concern for families looking for a facility.

Published on: July 3, 2023

Study Finds Race-Based Differences in Nursing Home Data on Fall Accidents, Bedsores

by Robert N. Katz, Esq.

A study published recently finds race -based differences in how nursing homes report fall accidents and pressure ulcers involving residents on their premises. These differences could make it difficult for families of elderly persons looking for reliable nursing homes for their loved ones.

The results of the study were published recently in the JAMA journal. The researchers set out to compare nursing home characteristics with the reporting of bed sores -also known as pressure ulcers – and fall accidents in specific nursing homes. The researchers found to their dismay that the federal website that contains information about specific accidents and injuries in nursing homes actually underreports data on fall accidents and pressure ulcers.

Much of the difference in the reporting also seems to be based on race. Nursing homes that have predominantly white residents are much more likely to report high numbers of fall accidents compared to pressure ulcers, and are also much more likely to report fall accidents more accurately. Similarly, nursing homes with majority black residents are much more likely to report a higher incidence of pressure ulcers compared to fall accidents. Predominantly black facilities are more likely to report pressure ulcers more accurately. Overall, the researchers say the better your reporting on fall accidents, the lesser your likelihood of reporting bed sores.

Published on: March 24, 2016

Evidence to Gather in a Nursing Home Abuse Claim

by Robert N. Katz, Esq.

When a loved one has suffered abuse or neglect in a nursing home, you must step in and ensure that he or she is protected. It is also important to begin the process of filing a claim to recover compensation for the damages that your loved one has suffered.

Holding a nursing home liable for damages is tricky. You must provide evidence that abuse or neglect did occur, and that the facilities conduct resulted in physical or emotional injuries. Basically, when you file a legal claim against a nursing home, you must be able to prove certain key elements, including:

· The nursing home owed a duty of care to your loved one.

Published on: December 20, 2015

How to Identify Signs of Sexual Abuse in a Nursing Home

by Robert N. Katz, Esq.

Among the various types of abuse that occur in nursing homes, the most difficult to identify is sexual abuse. Although cases of rape and sexual abuse in nursing homes are rarer than cases of physical abuse, there is no denying the fact that sexual abuse leaves behind long-term psychological and emotional scars that can be even more difficult to heal from than physical injuries.

The elderly are easy victims of sexual abuse, because they often feel ashamed of the abuse and unable to confide in their family about what has transpired. Furthermore, they may feel intimidated or threatened by the perpetrator. All of these things make it difficult for family members to identify abuse.

To determine whether your loved one has been the victim of sexual abuse, look for signs of changed sexual behavior in your loved one. Don’t ignore any signs of sexual promiscuity, suggestive behaviors, or odd behavior.

Published on: March 22, 2012

Nursing Home Resident Killed in Fight, Nursing Home Abuse Lawsuit Likely

by Robert N. Katz, Esq.

A state report blames a nursing home that failed to supervise two residents who had a history of altercations with each other, for a fatal fight that killed one of the residents.Unfortunately, nursing home abuse situations often arise due to inadequate supervision of residents and/or inadequate training of staff to evaluate the potential for resident-on-resident attacks. As nursing home abuse attorneys know, these attacks can often turn deadly.

Atlanta nursing home abuse lawyers have known for a long while that Georgia struggles with providing a safe environment for nursing home residents.In 2002, a report by the American Medical Association found that nursing home abuse problems in Georgia were at crisis levels.In fact, during this period of time, nursing home abuse claims in the state rose not just in frequency, but also in the severity of injuries involved.

Often, elder abuse in nursing homes can be traced to a shortage of staff.Many nursing facilities deal with low reimbursement rates by cutting back on staff numbers, and therefore, eroding the quality of care.As a result, there are fewer numbers of staff members to pay individual attention to senior residents, many of who are in delicate health.

Published on: March 8, 2011

Nursing Home Malpractice Cases Increase Likely Due to Spike in Elder Abuse

by Robert N. Katz, Esq.

According to a federal report, an increase in elder abuse around the country threatens to put more pressure on an already strained adult protective services network. Likewise, this increase will likely cause an increase in nursing home malpractice cases. The report was compiled by the Government Accountability Office.A total of 39 states responded to the survey, which found that there was an increase in elder abuse cases, especially an increase in highly complex cases that involved several different forms of abuse.What is even more concerning to Atlanta elder abuse attorneys, is that even though there has been a spike in elder abuse cases, funding for adult protective services has not kept pace. As an Atlanta injury lawyer, I know that all attorneys are likely to be flooded with a significant number of nursing home malpractice claims.

The report also discusses the kind of person who is more susceptible to abuse.For instance, people with cognitive or physical impairment may be more susceptible to abuse.Elderly persons who have trouble bathing or feeding themselves and are dependent on others for such activities, may be at a higher risk of abuse.Elderly persons who lack social support, like a strong family network, were much more likely to be abused.

Besides, the report also analyzes the detrimental effects of such abuse on victims.For instance, a study conducted in 2,000 found that elder abuse victims had higher levels of depression, compared to elders who were not abused.Another study conducted in 2006 on elderly women in the Midwest found that women who were psychologically abused had more health problems than those who were not abused. Elder abuse also seems to decrease the lifespan of the victims.A decade-long study conducted between 1982 and 1992 found that only 9% of abuse victims were still alive in 1995, compared to 40% of elders who had not been subjected to abuse during the same period. The difference is just staggering and sad. We all must be aware and prepared to act when we see abuse.