Nursing Home Abuse: Organizations Defend Seniors

Boston, MANursing home abuse is, unfortunately, not an uncommon occurrence. Luckily, there are organizations working to improve the rights of seniors who live in nursing homes and are, as a result, all too vulnerable. However, nursing home abuse is still a widespread problem, enough of a problem that lawsuits are constantly being filed against nursing homes accused of mistreating their residents.

According to the National Citizen's Coalition for Nursing Home Reform, there are at least three areas of mistreatment that occur at nursing homes. These areas are neglect, abuse and misappropriation of funds.

Neglect occurs when the nursing home fails to take care of its patients in a manner that prevents pain and/or harm. Neglect can be intentional or unintentional (as in the case of a nursing home that is understaffed and therefore unable to provide proper care to all residents). Neglect also refers to inaction in situations that could cause harm to residents. Examples of neglect include lack of assistance eating and drinking, ignoring requests for assistance from a resident, failure to provide medication in a timely manner and failure to properly bathe a resident.

Abuse occurs when nursing home employees cause pain or harm to a resident and that pain or harm is intentional. Abuse can be physical, mental, psychological, verbal and/or sexual. Examples of abuse include: intimidating, threatening, or berating residents; hitting, pinching, or shoving residents; isolating residents; use of unnecessary restraints; and using corporal punishment. A nursing home may also be liable if someone from outside the home, such as an intruder or visitor, abuses residents, especially if staff knew or should have known about the abuse or about the possibility of abuse.

Misappropriation of property or funds occurs when a resident's belongings or money are used without the resident's consent. This includes theft and embezzling a resident's money or property.

The Centers for Medicare & Medicaid Services (CMS) is now making public a list of nursing homes that are designated as a Special Focus Facility (SFF). An SFF is a nursing home that has, "failed to improve significantly after being given the opportunity to do so." The list includes categories such as:
� New Additions: Nursing homes added to the list within the past six months
� Not Improved: Nursing homes that have not improved significantly in at least one survey after being added to the SFF list
� Improving: Nursing homes that have significantly improved
� Recently Graduated: Nursing homes that have sustained improvement for 12 months
� No Longer in Medicare and Medicaid: Nursing homes that were either terminated by CMS or chose not to continue participation in Medicare and Medicaid.

Issues with nursing homes on the SFF list include not properly giving residents their medication (including the correct doses at the correct times), not taking steps to prevent abuse or neglect, using restraints inappropriately, and not properly treating or preventing bedsores. According to CMS, there are approximately 131 active nursing homes with the SFF designation.

Some residents and their families have begun filing lawsuits against nursing homes for abuse and neglect. One lawsuit was filed by the family of a 92-year-old woman, who claims the woman's leg required amputation because her bone fracture was not properly treated. The lawsuit alleges the amputation occurred because of serious infections, allegedly the result of failure to bathe the woman and treat her leg.

If you believe the actions (or inactions) on the part of nursing home staff caused harm to a loved one, contact a lawyer who can help to determine if nursing home abuse has occurred.