Nursing Home Abuse Lawyers

In Washington & Oregon

Nursing Home Neglect information

The high incidence of nursing home neglect and abuse in our country is shocking. According to a report issued in 2001 by the United States House of Representatives, nearly one-third of all nursing homes were cited for an abuse violation in the two year period of 1999 and 2000. Each of these violations had, at a minimum, the potential to harm the nursing home residents. In over 1,600 of these nursing homes, the abuse violations were so serious that residents were actually harmed or placed in immediate jeopardy of death or serious injury.

There are federal health and safety standards and special state statutes in place to protect the vulnerable residents of nursing homes from physical, sexual, and emotional abuse. The U.S. Department of Health and Human Services coordinates with state officials to conduct annual inspections of nursing homes to enforce these standards. The inspections assess whether nursing homes meet federal standards of care. Additionally, when an individual files an abuse complaint, state inspectors are required to investigate and assess whether federal standards of care were violated.

The percentage of nursing homes with abuse violations is increasing. The number of nursing homes cited has increased every year since 1996. In 2000, over twice as many nursing homes were cited for abuse violations than were cited in 1996. Also, the investigations have found that the likelihood is significant that the reported findings underestimate the incidence of abuse in nursing homes.

TYPES OF NURSING HOME NEGLECT AND ABUSE

If you suspect a loved one may be a victim of nursing home abuse, you need to be vigilant for any indication of problems. Signs of trouble may include:

• Bedsores, unattended medical needs, poor hygiene, and unusual weight loss can indicate neglect. Neglect is a particular problem in nursing homes because some owners keep their nursing homes chronically understaffed. Bedsores can be a particularly clear indication of neglect because they require frequent and consistent nursing care to heal;
• Falls, or bruises or broken bones from falling, may show the patient wasn't given proper assistance;
• Bruises, pressure marks, broken bones, abrasions, and burns may indicate physical abuse, neglect, or mistreatment. Inappropriate use of drugs and physical restraints, force-feeding, and physical punishment of any kind also are examples of physical abuse;
• Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may indicate emotional abuse. Isolating an elderly person from his or her family, friends, or regular activities and enforced social isolation are examples of emotional/psychological abuse;
• Bruises around the breasts or genital area can be the result of sexual abuse;
• Sudden changes in financial situations may be the result of financial exploitation.

WHAT SHOULD I DO IF I SUSPECT AN INCIDENT OF NURSING HOME NEGLECT OR ABUSE?

If you believe you, or a parent or loved one, have been a victim of nursing home neglect or abuse, you owe it to yourself and your family to take appropriate and immediate action. Contact an attorney at Fuller & Fuller for a FREE consultation. Fuller& Fuller serves people whose claims arose in the states of Washington and Oregon.

To determine whether you have a strong claim, these are among the factors that are analyzed:

• Whether the neglect or abuse took place within the time allowed to bring a claim, or whether it is barred by the statute of limitations;
• Whether any state or federal statutes were violated;
• Whether the nursing home provider failed to administer the necessary care procedures;
• Whether the care attendant involved was properly trained in this type of procedure;
• Whether the nursing home is adequately staffed;
• How much money in damages would be appropriate to compensate the patient, or the patient's spouse or family members.

You have nothing to lose by consulting an attorney. It is always in your best interest to learn about your legal options and make sure that your legal rights are preserved. A nursing home case is also about righting a wrong, holding the nursing home owner responsible, and raising the level of care so that the same thing does not happen to another patient.

NURSING HOME ABUSE RESOURCES

You may find some of the following links helpful. Fuller & Fuller does not endorse the information in the links.

Association for the Protection of the Elderly
www.apeape.org/index.html

The Coalition to Protect America's Elders
www.protectelders.org/

Foundation Aiding the Elderly
www.4fate.org/

DMOZ Open Directory: Violence and Abuse: Elder: Nursing Home
http://dmoz.org/Society/Issues/Violence_and_Abuse/Elder/Nursing_Home/

National Center on Elder Abuse
www.elderabusecenter.org/default.cfm?p=nursinghomeabuse.cfm

U.S. House of Representatives Report on Nursing Home Abuse
www.cbsnews.com/htdocs/pdf/waxman_nursing.pdf

 

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Fuller & Fuller is a family of medical malpractice and serious injury lawyers serving residents of Washington and Oregon.