Nursing Home Neglect Blog
Legal News & Updates Blawg regarding issues surrounding the quality of nursing home care and elder abuse. >> REQUEST A FREE CLAIM EVALUATION
Recent posts by the nursing home lawyers at Saiontz, Kirk & Miles, P.A. regarding legal issues surrounding elder care and nursing home rights.
Nursing Home Arbitration Clauses may be Invalidated
Legislation has been proposed in Congress to invalidated nursing home arbitration clauses that appear in many admission contracts. The provisions take away the resident’s ability to file a lawsuit in court as a result of nursing home neglect or abuse, removing their access to the courts and often hindering their ability to investigate a case by limiting discovery. In addition, the clauses allow facilities to avoid the public accountability of a nursing home lawsuit, which could increase the growing problem of poor care that is provided at many facilities.
Elder Abuse Awareness Day
The International Network for the Prevention of Elder Abuse (INPEA) sponsored a World Elder Abuse Awareness Day on June 15, 2008 to increase recognition of this global problem and raise awareness of the factors that can lead to or limit abuse of seniors. The rapid aging of the population in the United States raises concerns about the stress which will continue to be placed on nursing homes and elder care systems, which could increase the risk of abuse or negligent care.
>>INFORMATION: Elder Abuse and Neglect Injuries
Two Maryland Nursing Homes on list of worst facilities
An article in the Baltimore Sun highlighted several examples of bad care which landed two Maryland nursing homes on the Centers for Medicare and Medicaid Services’ most recent list of the worst nursing homes in the country. The homes were designated “Special Focus Facilities” because of inspections which have revealed serious violations of nursing home regulations and patterns of poor care that has not been corrected over a prolonged period of time.
>>PRIOR POST (4/27/2008): Resources to identify poor performing nursing homes
Inspectors under report problems that could lead to nursing home neglect or abuse
According to a report issued this week by Congressional investigators from the Government Accountability Office, state inspectors often overlook or minimize nursing home problems, including cases of neglect and abuse. Problems which pose a threat to residents’ health, such as malnutrition, bedsores, over-medication and nursing home abuse, are missed in about 15% of all state inspections which were checked by federal officials.
Mother’s day campaign for better care at ManorCare Nursing Homes
On Sunday, when families throughout the United States went to visit their mother’s in ManorCare nursing homes for Mother’s Day, they were greeted with a carnation and information calling them to take action to help improve the quality of nursing home care. ManorCare, which was recently purchased by a private equity fund, has failed to fulfill promises made last year to provide quality care and has seen sharp increases in the number of care deficiencies at many of their homes.
>>INFORMATION: Nursing Home Abuse and Neglect
Federal nursing home information site to include identification of worst performing facilities
The federal government has now made it easier for families to identify some of the worst nursing homes in American while they are researching which facility should be trusted to care for their loved one. Last year, the U.S. Centers for Medicare and Medicaid Services (CMS) compiled a list of the worst performing nursing homes in the United States, based on inspection results. This nursing home information will now be integrated into a searchable database on a federal website.
Nursing home abuse at the hands of residents who are prior sex offenders
NBC’s Today Show featured a report last week about a disturbing reality in many nursing homes. Sexual offenders and other elderly residents are often placed together in nursing homes, with no additional monitoring, warning or separation to help reduce the risk of abuse. The Today Show highlighted the story of an elderly woman who was raped in a nursing home by a man with a long record of sexual abuse.
Nursing home restraints could create more problems than they solve.
The use of nursing home restraints is a common practice at many nursing homes throughout the United States. However, some facilities excessively use restraining devices not only to prevent residents from injuring themselves, but also as a form of punishment or as a matter of convenience. Due to concerns about the physical and emotional injuries which can be caused by nursing home restraints, the use has declined 40% in recent years, and many believe it should drop even further with better methods being implemented to protect residents.
>>INFORMATION: Nursing Home Restraint Injuries
Nursing home falls pose substantial risk of injury
According to U.S. health officials, about a third of all falls involving seniors result in an injury, and many of these injuries can have a devastating long term impact on their quality of life. In nursing homes, falls can often be prevented if proper precautions are taken.
>>INFORMATION: Nursing home falls
Elder abuse at the hands of nurse’s aid
In another disturbing display of elder abuse, a Michigan nurse’s aid has been arrested on charges of urinating in a female patient’s hair and pouring liquid soap on her husband’s head. The abuse occurred at the couple’s Muskegon, Michigan home, and the aid currently faces criminal charges which could result in up to 15 years in prison.
