Articles Posted in Nursing Home Negligence

There is an inherent power balance between residents and staff in nursing homes. Staff members are in charge of feeding, treating, and caring for residents, often making residents fully or largely reliant on staff members. That imbalance can result in a hesitation to report or take action when abuses are occurring. Additionally, many residents may have trouble directly or clearly communicating their experiences. As a result, it often falls to visitors and loved ones to advocate for them when things go wrong. It is extremely important to take a resident seriously if they disclose or report instances of nursing home neglect or abuse.

A recent survey by the Long Term Care Community Coalition, a nonprofit organization that advocates for residents in nursing homes and assisted living facilities, examined 100 complaints by nursing home residents across the country. One of the biggest issues, the report found, was that residents rely so much on staff members, that any perceived issues could be met with retaliation, big or small. For many residents, staff members provide daily basic care, including assistance using the restroom, showering, and getting changed. The power imbalance is extreme, making individuals in nursing homes uniquely vulnerable to abuse. The survey even documented instances of staff members threatening family members of residents if they reported issues to the state or ombudsman association. Residents interviewed for the survey told investigators “they were afraid to voice concerns ‘because it backfires on you,’ as ‘staff became aggressive.’”

Compounding many of the existing issues is the lack of funding for nursing care facilities. The survey acknowledges that many nursing home staff members are “underpaid and undervalued.” The report suggests staff education as one of the methods to combat abuse within nursing homes. The survey stated: “What we already knew but learned again in horrific detail during COVID was that care in nursing homes is unacceptable . . . let’s understand the phenomenon. Let’s name it, let’s teach, how to prevent it, how to anticipate the way it feels to families and older people and the staff.”

A recent news report highlights that a New Hampshire nursing home is under investigation after a state report accused the facility of abuse of several residents and of failing to prevent abuse that might have contributed to a resident’s death. According to the report, a resident had unexplained injuries that contributed to their death, and several other residents were allegedly abused by staff. The Department of Health and Human Services conducted an inspection of the facility. The report alleges that the facility failed to ensure that residents were free from abuse and neglect. In one incident, a resident said that a licensed nursing assistant “slapped his buttocks, smacked them with plastic bags and laughed about it.” The report also documented that a resident’s autopsy should that they had a fracture and dislocation to the right shoulder and a dislocation to the left shoulder which contributed to the resident’s death. The case is being further investigated. The report also detailed some changes made by the facility, which included random weekly audits to make sure staff members are following procedures to prevent abuse and neglect.

In 2019, the population of people aged 65 and older reached 54.1 million according to a report published by the Administration on Aging. As our elder population continues to expand, it is important that systems are in place to protect them from harm, and that our legal system works to help victims and their loved ones. According to the World Health Organization (WHO), around 1 in 6 people 60 years and older experienced some form of abuse in community settings during the past year. In institutions such as nursing homes and long-term care facilities, 2 in 3 staff reported that they have committed an abuse of older people in the past year according to WHO. In addition, abuse rates of older people have increased during the COVID-19 pandemic.

According to a recent news report, a patient in a Long Island, New York nursing home died due to suspected neglect and abuse, although an official cause of death has not yet been determined. The nursing home patient was unable to speak or move, and when his girlfriend would visit him, she noticed bruises. The patient’s girlfriend then hired a private investigator to put a hidden camera in his room, which later captured the moment when a certified nursing assistant was roughly handling the patient. That nursing assistant has been criminally charged with endangering an incompetent or disabled person in the first degree. The New York State Health Department has cited the nursing home at least once for neglect.

Selecting a good nursing home or care facility for loved ones can be a stressful and complicated process. It is important to know that our most vulnerable family members are being placed in a caring, comfortable, and safe environment. Unfortunately, recent events have left many nursing and care homes with a lack of staffing, training deficiencies, and supply shortages. When nursing homes fail to meet the basic requirements of care for residents, they must be held accountable.

According to a recent news report, the attorney general’s office of Vermont has reached a settlement with the operator of four residential care homes in the Rutland area over allegations it failed to properly train staff and adequately document and monitor the delivery of services. The investigation began in December of 2020 and found that the care home operator, Our House, failed to properly supervise the administration of medication, protect residents from abuse, properly supervise and train staff, and ensure that allegations of abuse were timely and properly reported.

In the settlement agreement, Our House did not dispute the facts but instead denied liability. Our House stated that additional information would show a lack of intent and that it didn’t believe it violated any state or federal law. Under the settlement agreement, Our House is required to implement new trainings and compliance practices to prevent further similar issues at their facilities. If they fail to meet the standards of the settlement agreement over the next three years, Our House will be required to pay $40,000 in damages and penalties.