Posts tagged with "senior abuse"

Nursing Home Abuse

Tales From Our Files – Unreported Nursing Home Abuse

Both state and federal laws mandate that nursing home facilities report serious cases of abuse to local police, yet a recent National Public Radio report citing an investigation conducted by the Office of Inspector General reveals that more than one-quarter of serious cases of nursing home abuse were not reported to authorities. Shockingly, some of these unreported cases of abuse involved injuries that were so severe that their victims ultimately required emergency room care.

Federal Law Mandates

Some of the cases are particularly infuriating. One elderly woman was sexually abused after being brutally beaten. Federal law mandates that an event of this magnitude be reported to police “within two hours” or risk a $300,000 fine. The nursing home purposely failed to comply with this rule, however. “Instead”, says Curtis Roy, Assistant Regional Inspector General of the Department of Health and Human Services, “…they cleaned off the victim, [and] in doing so, they destroyed all of the evidence that law enforcement could have used as part of an investigation into this crime.” Remarkably, the nursing home didn’t alert the victim’s family until the following day. Equally shocking, it was the victim’s family that first alerted the police, not the facility. Once local police became involved, the nursing home actively tried to dissuade any ongoing investigation into the attack.

Unreported Nursing Home Abuse

Mr. Roy’s comprehensive investigation, which covered 33 states, revealed that the majority of the unreported cases involved sexual abuse of elderly patients.   Mr. Roy concluded that a relatively simple change of protocol by the Centers for Medicare and Medicaid Services likely holds the key to uncovering a facility’s unscrupulous practice of failing to report abuse to the authorities. By merely cross referencing a nursing home patient’s Medicare claims with their contemporaneous claims from an emergency room visit, an incident of abuse or neglect can be suspected or inferred. Once a patient’s emergency room diagnosis is scrutinized, authorities can better appreciate whether a resident was a victim of a crime such as physical or sexual assault.

By most estimates, approximately 1.4 million Americans currently reside in our nation’s nursing homes. That number is expected to balloon as more from the “baby boomer” generation reaches retirement age.

It is important to point out that abuse in a nursing home setting is not the norm nor is it inevitable. By employing simple awareness and vigilance, however, a resident’s family can discourage, prevent and/or detect incidence of nursing home abuse.

Dino M. Colucci, Esquire, is the founder of Colucci, Colucci, Marcus & Flavin, P.C., a law firm dedicated to representing victims of nursing home neglect. For many years he has lectured and served as an adjunct Professor of Law at Suffolk University Law School. He has also been consistently named as a “Super Lawyer” by his peers as published by Boston Magazine.

Nursing Home Neglect

How to Tell If a Nursing Home Is Neglecting a Loved One

Nursing homes and other assisted living care facilities are businesses a family hires to look after elderly loved one who can no longer safely look after themselves. Sadly, a lot of these places let folks down and nursing home neglect is a growing problem in America as the Baby Boomer generation ages and more of its members require assistance.

It’s common to find nursing homes that are understaffed or that lack adequate services, but the average person may not be able to tell which places are superb and which ones allow people to suffer. If you suspect your loved one isn’t being taken care of properly, try these simple strategies.

 

Ask Questions

Go right up to staff and ask them how many people are on duty, and how many seniors they are looking out for. Don’t be afraid to ask people about their credentials and qualifications. Do you see mostly teenagers and college students working there?

If something looks odd or out of place to you, ask about it. Is another resident in a wheelchair just left in the hallway facing the corner? Don’t be shy, ask what is going on.

 

Listen to Complaints

Most people being taken care of in nursing homes still have their wits about them, and if your loved one is talking about a problem, take them seriously. The seniors themselves are often the best source of information about problems in the nursing home. If they say someone else isn’t being taken care of properly, follow up on it and see if it’s true.

 

Pay Attention to Injuries

Does your senior have strange sores on their hips, heels, ankles or tailbone? That’s most likely a bedsore, and it’s the most common sign of nursing home neglect. These sores come from someone left lying in bed all day without being turned or moved.

Broken limbs are also a problem, and this can come from a senior who tried to move on their own and fall, such as if the staff doesn’t respond to their requests for help. That’s not the fault of your loved one, that’s a neglect issue and it needs to be followed up.

 

What Can You Do?

If someone from your family has been neglected at a nursing home or other care facility, give us a call at 1 (888) 330-6657 or contact us and we can talk to you about your rights and what you can do next.