Nursing Home Neglect Blog

Many families who notice suspicious bruises or sudden changes in the behavior of their loved ones may suspect that nursing home abuse is the cause, yet they are often left with no proof. However, one family in Kentucky recently took matters into their own hands, setting up a hidden camera that caught the elder abuse on video tape.

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There are two recent news reports about nursing home residents who were found dead after they wandered from the facility where they were living. While many families may not initially suspect that nursing home neglect resulted in these situations, the facilities have an obligation to exercise reasonable care, depending on the condition of the resident, and to protect their residents from these types of tragedies.

>>INFORMATION: Nursing Home Wandering and Elopement

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Class action Extendicare lawsuits have been filed by lawyers in Minnesota and Washington as a result of widespread nursing home neglect and claims that Extendicare places profits before people by failing to consider their ability to care for residents before admitting them.

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According to a recent government report, residents at nursing homes owned by for-profit companies could be at greater risk of nursing home neglect and abuse injuries. In each of the past three years, 94% of for-profit-nursing homes were cited by inspectors for deficiencies, compared with only 88% of non-profit nursing homes.

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Last week, the U.S. Senate Judiciary Committee approved the Fairness in Nursing Home Arbitration Act of 2008, which is designed to preserve the right to file a nursing home lawsuit in court to hold facilities accountable for abusive and negligent care of residents. The House Judiciary Committee approved the legislation in July.

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A nursing home neglect lawsuit has been filed in Montana against Evergreen Health and Rehabilitation following the death of a resident who fell at least four times during a 35-day stay. The family alleges that the Evergreen nursing home caused the death by failing to maintain adequate staffing levels and providing insufficient training.

>>INFORMATION: Nursing Home Staffing and Training Problems

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Many families who are looking for a nursing home to provide the care for a loved one that they can not provide in their own home, do less research about facilities in their area than they would do when buying a new car. There are several steps that can be taken when evaluating homes that can increase the chances of finding a quality facility and reduce the risk of nursing home neglect.

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A West Virginia nursing home trial began last week as a result of the death of a resident at the Heartland of Charleston, which is owned by Manor Care, one of the largest operators of nursing homes in the United States.

>>INFORMATION: Nursing Home Wrongful Death Lawsuits

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Last week, the House Small Business Investigations subcommittee in Washington, D.C. held a hearing on nursing home sex offenders and other registered violent criminals living at long-term care facilities. In many states there are no requirements that law enforcement officials notify nursing home residents when convicted sex offenders move into a home and many facilities do not take any steps to warn residents or separate sex offenders from the general population when they are made aware of a resident’s violent criminal past.

>>INFORMATION: Signs of Nursing Home Sexual Assault

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On Tuesday, the U.S. House Subcommittee on Commercial and Administrative Law passed an arbitration reform bill that will protect the ability of nursing home residents to file personal injury cases in court. If the bill becomes law, mandatory arbitration clauses in many admission agreements would be deemed invalid, preserving the rights of individuals injured by abuse or neglect to file a nursing home lawsuit against the facility.

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