Nursing Home Abuse

In recent years, staff shortages have plagued the long-term care industry. According to the Bureau of Labor Statistics, the current workforce shortage is projected to worsen by the year 2010, with an estimated 45 percent increase—or 800,000 new employees—needed to meet the healthcare demands of America’s aging population.   

Sadly, incidences of abuse within nursing homes and assisted-living facilities nationwide are also on the rise, with many cases unreported.

Nursing home abuse, or “institutional abuse,” can include physical, emotional/mental, or sexual violation of the resident. However, according to the National Center for Elder Abuse, neglect of the basic needs of nursing home residents, is the number one form of abuse.

Research findings by the National Academy of Sciences Panel to Review Risk and Prevalence of Elder Abuse and Neglect attribute mistreatment of nursing home patients to three primary factors: Stressful working conditions that are frequently caused by long hours or, as mentioned, staff shortages; “burnout,” or a psychological condition common in many demanding occupations; and insufficient training of the staff and personnel.

Statistics You Should Know:

• By the year 2030, one in every five Americans will be a senior citizen.
• Experts predict that two out of every five Americans will one day require long-term care.
• According to the Minority Office of the U.S. House of Representatives’ Committee on Government Reform, the number of nursing home residents is expected to quadruple by the middle of the 21^st century.
• Serious cases of abuse have occurred in an estimated one out of every 10 nursing homes.
• In 1995, nursing homes throughout the nation were at 87 percent capacity. It is expected that by this year—2007—the number of nursing home beds needed will exceed the number of beds that are now available.

Understanding the Law

When a case of nursing home abuse is brought to court, the facility must defend itself and the actions of its staff. If sufficient evidence is presented that demonstrates that the nursing home resident has, indeed, been abused, the victim may receive compensation for his/her injuries and suffering. In serious cases, the nursing home may also be ordered to shut down.

Like many legal cases, there may be statutes of limitations that vary from state to state which define the time period in which a nursing home abuse lawsuit can be filed.

Have You or a Family Member Become a Victim of Nursing Home Abuse?

There are five critical steps that you must take if you suspect nursing home abuse has infringed on your personal and/or legal rights or those of a member of your family:

1. Obtain the names of all personnel who have been responsible for caring for the victim.
2. Collect documentation and/or proof of all abuse-related incidences.
3. Seek immediate medical attention if the victim has been physically or sexually violated. Keep a comprehensive file of all medical bills and health records.
4. Take photographs of all injuries that resulted from the abuse.
5. Contact an attorney with experience in nursing home abuse claims.

Why You Need a Personal Injury Attorney

Without concrete and tangible proof that abuse has occurred, there is little chance that changes will be made in the long-term healthcare industry to protect the rights of residents who often cannot communicate clearly or speak out on their own behalf. A competent attorney has the expertise needed to conduct a thorough investigation and prepare a case that ensures that nursing home residents are treated with the compassion and care they deserve.

To find a personal injury attorney in your community who has experience in litigating nursing home neglect-related cases, please enter your city name in the grey search box at the top of this page.

THIS IS NOT LEGAL ADVICE - PLEASE CONSULT WITH AN ATTORNEY REGARDING YOUR SPECIFIC CASE