NURSING HOME ABUSE AND NEGLECT

Nursing home abuse and neglect is frequently the result of sub-standard negligent care and/or the negligent hiring and retention of abusive employees. Such negligence is a wrong that can be set right by the civil justice system. All nursing home abuse cases should be pursued to compensate the injured person and to hold nursing homes accountable so that they have an incentive to change their practices for the benefit of future nursing home residents.

A 2001 report from the United States Congress showed 5,283 nursing homes (which is over 30% of nursing homes nationwide) were cited for abuse violations during the period of January 1999 to December 2000. Approximately 9,000 violations were reported and 1,600 of those were cases where the nursing home resident was considered to have been in immediate danger of injury or death. Whether it is due to increased reporting, or worse, increased abuse, reports of nursing home abuse doubled from 1996 to 2000. With the population of individuals who will need nursing home care increasing (with the aging of the "Baby Boom" generation), and many politicians fighting to keep the business of healthcare in the hands of for-profit corporations, incidences of nursing home abuse are likely to continue to rise.

Nursing home abuse includes hitting and pushing, sexual assault, and any other action causing physical pain or injury to a nursing home resident. Nursing home abuse also includes neglect, which is, for example, the refusal to provide the resident adequate food, clothing, toileting, medical treatment, supervision, or other necessary help with the resident's needs. It is usually a family member who discovers and reports this abuse, as many residents are too fearful to report incidents themselves. These family members need to immediately seek legal representation. The nursing home will undoubtedly attempt to conceal the abuse, and we can help to prevent this from happening by taking the appropriate steps to require the nursing home to preserve what evidence there is. In addition, the attorneys at Berman, Sobin & Gross, LLP can investigate your case to determine whether a civil lawsuit and/or criminal action should be pursued.