Nursing Home Neglect and the Laws the Protect those Injured

As a senior citizen grows older they may lose the ability to care for themselves due to the effects of advanced age or illness. When this happens, many elderly people find themselves living in nursing homes. This vulnerable sector of the population should find a safe and cared for in a nursing home, but unfortunately that is not always the case. A recent investigation by The New York Times has discovered that nursing home abuse and neglect is a huge problem- 90% of nursing homes had been found in violation of federal standards when it comes to health and safety. This figure is a staggering discovery, and something that anyone with a family member living in a nursing home needs to keep in mind.

There are several different types of abuse being reported in nursing homes. These include neglect, physical abuse, and sexual abuse. The most common of the three is neglect. Neglect may include leaving a resident in a hospital bed too long which can lead to bedsores, or not taking care of a nursing home resident's personal hygiene. Neglect usually occurs when a nursing home facility does not have the proper amount of staff available to care for residents. There have also been many reports of physical abuse of nursing home residents causing injuries like hip fractures. Physical abuse includes battery, as well as restraining or confining a nursing home resident when there is not a valid medical reason for doing so. Unfortunately there is also a significant number of sexual abuse cases reported. Sexual abuse includes performing a sexual act without consent, or performing a sexual act on someone who is physically incapacitated and unable to give consent.

These acts of abuse should not be tolerated by people who have loved ones in a nursing home facility. Residents of nursing homes have rights under the 1987 Nursing Home Reform Law, a law enacted by the federal government. Nursing homes are required to protect the rights of each resident living in their facility. If you suspect that a loved one is a victim of nursing home abuse contact a personal injury attorney. If the abuse is extreme and life threatening call 911. Otherwise submit a formal written complaint to the facility. If the facility does not investigate and correct the problem in a timely manner file a complaint against the nursing home with your state.