Practice Areas
Nursing Home Abuse

   
 

Many residents, especially elders, are dependent on nursing homes for care. However, there are unrecognized abuse and neglect that are suffered by thousands of nursing home residents. A serious problem that is often covered-up by nursing home staff.

Since 1980, many elderly and dependent adults who are living in nursing homes have experienced such abuse. They suffer from starvation, dehydration, over-medication, under-medication, and painful and life-threatening pressure sores. They are sometimes isolated, ignored, and deprived of social contact and motivation, although other nursing homes provide good care. The reasons behind this problem are poorly trained staff and insufficient care givers who are overworked and underpaid resulting to these abusive behaviors.

As stated in the California Elder Abuse & Dependent Adult Civil Protection Act, abuse includes assault; battery; sexual assault; sexual battery; rape; unreasonable physical constraint, or prolonged or continual deprivation of food or water; and use of a physical or chemical restraint or psychotropic medication for any purpose not consistent with that authorized by the physician. Neglect was specifically defined as the negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care which is a reasonable person in a like position would exercise. Neglect includes, but is not limited to, failure to assist in personal hygiene, or in the provision of food, clothing, or shelter; failure to provide medical care for physical and mental health needs; failure to protect from health and safety hazards; and failure to prevent malnutrition.

A list of care plan was made, which requires nursing homes to develop a plan of care and employ sufficient trained staff. Nursing homes are given funds provided that they comply with federal laws that specify that residents receive a high quality of care. It is also specified in the Nursing Home Reform Act that nursing home should participate in the Medicare and Medicaid programs. Residents must undergo initial comprehensive assessments and periodic reassessments quarterly or as needed. All of the activities should be documented.

There are steps that one can take if one of his family members experiences such abuse. He can either report to the Administrator or Director of Nursing or, if not given the right and quick action, he can transfer the patient to another nursing home. Federal law also stated special requirements for bed-ridden patients. The family of the patient must be included in the writing of the plan of care and they must also obtain and keep a copy. When you have a Nursing Home Abuse due to an auto accident, get tuned to for assistance.


 

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