As family members age, the prospect of trusting a nursing home or long-term residential care facility to care for a loved one can be a daunting proposition. The average age of our population continues to rise, which means that a growing number of families will soon face this dilemma. While families can investigate a nursing home or elder care facility, nursing home abuse and neglect can be difficult to identify. Elderly loved ones may be vulnerable because of declining physical or mental abilities related to dementia, Alzheimer’s disease, and other age-related conditions. These limitations can make it difficult for a senior citizen to physically fend off an assault or inappropriate sexual advances. The elderly are not only physically more vulnerable to abuse or chronic neglect but may have difficulty comprehending and communicating their exploitation to others.
While it may be comforting to simply presume that neglect and abuse of elderly residents in nursing homes is a rare anomaly, this assumption is simply not supported by statistics regarding nursing home abuse and neglect. A few industry statistics provide a troubling picture:
- A major media report found that ninety percent of all nursing homes are understaffed.
- Five percent of home staff employees have a criminal record.
- A mere sixteen percent of all cases of elder abuse are actually reported to authorities.
- One-third of all nursing homes have been cited for nursing home abuse or similar infractions.
- Over two million seniors per year are the victim of nursing home abuse.
- Nearly half of all nursing home residents have been the victim of abuse and almost forty percent report witnessing such abuse in a nursing home.
- Thousands of death certificates of nursing home residents list dehydration, malnutrition, bed sores, or starvation as the cause of death.
- One-fourth of all nursing home employees that are cited for nursing home abuse have a prior criminal record.
This data is troubling because it makes clear nursing abuse and neglect is a widespread problem that impacts many seniors in residential care facilities. Nursing home abuse and neglect typically is the result of a number of factors mostly related to placing incremental increases in profit above the quality of care provided to elderly residents. Some of the factors that lead to the abuse and neglect of nursing home residents include:
- Failure to do criminal background checks on potential employees
- Lack of adequate staffing given the number of residents
- Low pay which limits staff quality
- Inadequate background checks when hiring
- Lack of supervision and training of employees
There are many forms of elder abuse and neglect, but certain forms of mistreatment of nursing home residents are common, including the following:
- Failure to provide nutrition or hydration
- Employing unjustified physical or chemical restraints
- Denying medication, over-medicating, or under-medicating
- Sexual abuse, assault, exploitation, or rape
- Abandonment or isolation of residents
- Slapping, punching, or otherwise striking a residents
- Refusing to provide appropriate medical care
- Failing to make proper assistance with hygiene needs available
- Not addressing hazardous conditions or taking other steps to prevent accidental injury
- Verbally berating a resident or other forms of emotional abuse
- Theft or misappropriation of resident property or money
While there is no set of precautions which can guarantee that a nursing home resident will not be abused or neglected, it is possible to check out a nursing home prior to entrusting your loved one to the care of the facility. An enormous amount of information can be obtained online about many nursing homes. Nursing homes that have residents on Medicare can be checked out on Medicare.gov. This website provides a star rating system, results of facility inspections, nursing home staff data, and other valuable information to vet a nursing home for your loved one. Loved ones also should consider inspecting the facility on multiple occasions, including at least one inspection that is unannounced. When meeting with administrators at the nursing home, you should inquire about background checks conducted before hiring staff, training and supervision, staffing levels, past violations during inspections, and other relevant information.
Although nursing home abuse and neglect is rampant, your loved one who is mistreated while in a nursing home may have a right to financial compensation for any injuries. One of the best ways to improve the quality of care in the nursing home industry and prevent nursing home abuse and neglect is to hold nursing homes accountable for failure to provide for the safe care of senior residents. Our experienced Kansas City Nursing Home Abuse Lawyers at Hubbard and Kurtz L.L.P. have over 80 years of collective legal experience. We offer a free consultation to evaluate nursing home liability claims and advise victims of their legal right, so we invite you to call us today at 877-535-1163 or email us to schedule your initial consultation.