Elder Neglect

Incidents of negligence and abuse are occurring at elder care facilities across the country with more frequency, resulting in increasingly dangerous conditions for residents. The evidence of the seriousness of the problem is staggering.

According to a 2001 Congressional report issued by Representative Henry Waxman, the percentage of homes cited for violations nationwide has increased every year since 1996. In 2000, the number of homes cited for violations more than doubled compared to the number cited in 1996. Factors that may have led to this increase in neglect and abuse violations are discussed below.

The National Citizen's Coalition of Nursing Home Reform (NCCNHR) states that 97% of nursing homes fail to provide a level of staffing that would keep residents from being at critical risk of such serious problems as infections, bedsores, weight loss, functional decline and avoidable hospitalizations. More than half of nursing homes nationwide staff at such low levels that they place resident safety in serious jeopardy. A nursing home that fails to provide the necessary levels of staff to provide adequate care is violating the rights of its residents. Less staff can lead to more opportunities for neglect and abuse.

A report issued by the General Accounting Office and the Health Care Financing Administration stated that from 1997 to 1998, "over one-fourth of nursing homes nationwide (27%) were cited with violations that caused actual harm to residents or placed them at risk of death or serious injury. Another 43 percent of homes were cited with violations that created a potential for more than minimal harm." Any home that, through neglect and abuse, causes actual harm or even the potential for harm is violating resident rights and can be held accountable for its actions.

While Representative Waxman's Congressional Report does not state specific reasons for this increase in violations, there are conditions that may have contributed to the overall situation. In 1987, Congress passed the Nursing Home Reform Act (part of the Omnibus Budget Reconciliation Act), which was intended to create standards of behavior and treatment for nursing homes nationwide. It was also supposed to act as a resident's "Bill Of Rights", providing guidelines on care, visitations and admissions. However, a 1998 study by the General Accounting Office reported that enforcement of these standards was weak, with state surveyors often missing important signs of abuse, like bed (pressure) sores or malnutrition.

Since homes and facilities know there is little possibility of getting caught for their violations, there isn't much motivation for them to improve the quality of care. It is also a fact that more homes and centers are being owned and operated by For-Profit corporations (who are often more concerned with the bottom line than in providing adequate care and treatment). Finally, the current nationwide crisis in medical staffing has been especially felt in the nursing home industry. Nursing homes and facilities (particularly those owned and operated by For-Profit corporations) simply do not provide the salaries and incentives that would attract enough qualified doctors, nurses, and nurses' aides to properly care for residents.

If you suspect that your loved one has been subjected to neglect or abuse in a nursing home, assisted living home or elderly care facility, please call us at 1.800.966.4999 or fill out the form to the right of the page for a free case evaluation.

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