Nursing Home Abuse Attorneys – Negligence Lawyers

Abuse of the elderly in nursing homes and assisted living facilities is often referred to as “the hidden crime”. Several reasons for this are:

• It is often difficult to recognize;
• It can been concealed by nursing home staff;
• The victims may be too frightened or incapacitated to communicate the abuse.

The Office of the Inspector General has categorized seven types of abuse sustained by the elderly in institutional settings:

• Physical abuse – infliction of pain or injury, including sexual abuse.
• Misuse of restraints – chemical or physical control of a resident not in accordance with accepted medical practice or orders.
• Verbal / emotional abuse – demeaning statements, harassment, threats, humiliation or intimidation.
• Physical neglect – disregard for the necessities of daily living such as food, water, bathing and basic care.
• Medical neglect – lack of care for existing medical problems, such as ignoring a necessary medical diet, not calling a physician when necessary, being unaware of potential side effects of medication, or not taking action on a medical problem.
• Verbal / emotional neglect – not meeting the patients’ verbal/emotional needs including disregarding patients’ wishes or restricting contact with family and friends.
• Personal property abuse – illegal or improper use of a resident’s property (funds, property, assets) by another for personal gain.

Nursing home abuse is a growing problem in the United States. In 2001 the Special Investigations Division, Committee on Government Reform, and the U.S. House of Representatives reported that almost one-third of nursing homes in the United States were cited for abuse violations over a two-year period. Elder abuse may be physical, sexual or due to neglect. An estimated 84 percent of abuse cases go unreported or unrecognized. Nursing home deaths are rarely detected by government inspectors, assessed by medical examiners, or investigated and prosecuted by law enforcement.

Federal and state laws were designed to protect nursing home residents. According to the Federal Nursing Home Reform Act of 1987, all residents in nursing homes are entitled to receive quality care and live in an environment that improves or maintains their overall physical and mental health. This entitlement includes freedom from abuse and neglect.

There are several ways that you can file suit against an abusive or neglectful nursing home including fraud, neglect, financial irregularities, failure to provide adequate care, wrongful death, breach of contract, pain and suffering, or failure to comply with nursing home statutes. One of the most effective ways to improve the lives of nursing facility residents is to take legal action when problems are discovered, to discourage the continued violation of basic human rights, as well as federal and state laws. Under the Statute of Limitations, there is a limited time window in which to file a claim.