Nursing Home Abuse Continues to be a Scourge


. By Gordon Gibb

No nursing home abuse article would be complete on a day such as today without a passing reference to the tragic shooting yesterday of more than a dozen people at the Pinelake Health and Rehab nursing home in Carthage, North Carolina. The motive of the shooter, who survived, has yet to be determined. However, 7 residents—mostly in their 80s—were killed, together with a nurse who cared for them. While the nursing home carries a five-star rating, it is unclear if the facility employed security personnel who may have been in a position to stop the carnage immediately, instead of waiting for police.

Last inspected on May of 2008, Pinelake was given an overall five-star rating, which translates into 'much above average.' However, the same cannot be said for many other nursing homes across the country, or the nursing home industry as a whole. Tales of nursing home abuse and nursing home negligence are rampant, and nursing home neglect continues to be a scourge in an industry that is growing and expected to grow mightily in the ensuing years as baby boomers retire and require those facilities.

Stories of residents being physically and emotionally abused by staff are legion, together with similar tales of residents abusing other residents. Loved ones take care to choose the best facilities for their elder members, only to realize too late that many nursing homes take advantage of elderly residents who can no longer care for, or defend themselves.

Some residents have died, or become so ill from abuse and neglect that life—at a time when they should be cared for after caring for others for a lifetime—is no longer worth living.

Then there is nursing home fraud. Nursing homes are a business after all, and in order to remain competitive and protect the bottom line many nursing homes have stooped to illegal practices. such as billing Medicare for inferior medicine or medical equipment, all the while billing Medicare for premium services.

It goes on. Disreputable nursing homes have been known to bill more than once for the same service, or even bill for services not performed.

There have even been cases were facilities have billed for patients who don't exist at all.

In such instances there is more than just one victim. Residents and patients are denied the quality service paid for and have been made to suffer with inadequate equipment and medication. But the taxpayer is also on the hook when a nursing care facility pads the invoice and receives more funding than it deserves.

Individuals who report fraud and file qui tam lawsuits can reap lucrative rewards for their courage to blow the whistle on such fraudulent practices. Any individual who serves as the first reporter of fraud against the government has the right to recover between 15 and 30 percent of total amounts recovered from a fraud lawsuit. Potential damages in a qui tam lawsuit can number into the millions of dollars, and as the whistleblower you have the opportunity to claim up to 30 percent of that amount.

Either way, there is merit with meeting with a nursing home attorney to discuss your case. If you have information with regard to the alleged fraudulent activity of a nursing home facility, it could be in your best interests to report your findings to a qualified attorney.

However, beyond any financial incentive is the concern for nursing home residents and patients who may be the victims of nursing home abuse or nursing home neglect. If you know of, or have experienced a case of nursing home negligence of any kind, seek the services of a qualified nursing home attorney and see that justice is served.


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