Nursing homes in the United States are home to 1.5 million seniors, and as the baby boomer population nears retirement, that number is expected to grow significantly in the coming decades. However, nursing homes and similar care facilities, even with the current patient load, are understaffed and operating on a limited budget, and as a result, neglect and abuse are widespread.
In 2008, according to a CBS News report, 3,500 nursing homes were cited for substandard care. Of this number, 500 had patients who were injured or died from neglect or abuse.
Another offshoot of overworked employees is “false charts,” or falsified medical records that claim treatments were administered when, in fact, the patient was neglected. For the adult making sure an aging parent is in good hands, this practice can make proving negligence a much more difficult task.
look for signs
The signs of abuse and neglect are many. At the extreme, with bruises and physical signs more apparent, are assault, battery, and rape. On the other hand, less apparent, are the methods of physical and chemical restraint not prescribed to a patient, as well as emotional abuse, isolation, ignoring the needs of the patient and denying them food, water, medicine and basic care.
Neglect, in many cases, can be just as serious as abuse. Malnutrition, dehydration, bedsores, and infections can be the result of a lack of standard care. In extreme cases, regular neglect has been attributed to patient deaths.
Talk to staff and keep records
When an adult caring for an elderly patient notices any of these signs, the first step in filing a nursing home neglect lawsuit is to contact the administrative staff. In well-run homes, the administrative staff will identify the employees and resolve the situation; however, an overworked staff can be correlated with widespread neglect, and a complaint, in this case, is meaningless.
It is recommended that an adult filing a complaint keep a record before contacting an attorney. Take note of all signs of abuse and neglect; when the signs first appeared; who you talked to at home and when; her response and whether action was taken.
Contact a state agency or attorney
The next step is to contact a state agency responsible for elder care. In many cases, this is the Department of Health, or to find the exact agency, contact the Attorney General or Adult Protective Services. A caseworker will then be appointed. If your complaint reaches this step, please note that any agency or attorney must be located in the state where the home operates.