With more than 1.5 million elderly and dependent adults now living in nursing homes throughout the country, abuse and neglect has become a widespread problem. Even though some nursing homes provide good care, far too many are subjecting helpless residents to needless suffering and death. Elderly or disabled residents of long-term care facilities are sometimes not getting the attention they require and sometimes have to compete with dozens of other residents for the attention of too few staff. As a result, all too often residents who require assistance in activities of daily living (ADL) such as feeding, bathing, toileting, walking, etc., are not receiving adequate care. Such neglect can lead to disastrous consequences such as debilitating falls, the development of painful and immobilizing decubitus ulcers, malnutrition and sometimes death.

Abuse and neglect in a nursing home can include the following:

Abuse includes:

• Assault
• Battery
• Sexual Assault
• Sexual Battery
• Rape
• Unreasonable physical constraint, or prolonged or continual deprivation of food or water
• Use of a physical or chemical restraint or psychotropic medication for any purpose not consistent with that authorized by the physician

Neglect means the negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care which a reasonable person in a like position would exercise.

Neglect includes, but is not limited to:

• Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter
• Failure to provide medical care for physical and mental health needs.
• Failure to protect from health and safety hazards
• Failure to prevent malnutrition.

Federal and State laws require that nursing homes develop a plan of care and employ sufficient staffing to provide ALL the care listed on the care plan. Because most corporate owned nursing homes today are not sufficiently staffed, they can not provide ALL the care listed on the care plan. Consequently, residents are not fed properly, are not given sufficient fluids, are over-medicated or under-medicated, are dropped causing painful bruises and fractures, are not cleaned or groomed, are ignored and not included in activities, are left in bed all day, are not turned, call lights not answered promptly or not at all, etc., all forms of neglect.

Due to the fact that long-term care for the elderly is typically extremely expensive, the vast majority of residents go through most, if not all, of their assets in a matter of months and then become eligible for federal Medicaid benefits. This process is known as "spending down." Indeed, the cost of over 90% of nursing home residents is paid by Medicaid. As such, almost all nursing home facilities receive Medicaid funds.

Any facility which accepts Medicaid funds must also abide by government regulations setting minimum standards for the care of residents in such facilities. Many of these regulations are promulgated by the Health Care Financing Administration (HCFA)  and are administered through the states. HCFA regulations set guidelines for the evaluation, care and treatment of residents, aimed at maximizing the quality of each resident's daily life and minimizing abuse and neglect. Notwithstanding the requirements of HCFA, substandard care of residents has become an increasingly growing and troubling problem.

After years of providing poor elder care, it seems nursing homes are finally being held accountable. A flood of lawsuits have been filed across the country and grieving families are receiving compensation for pain, suffering and the untimely death of loved ones.  If you believe that you or a loved one has been adversely affected by Nursing Home Abuse, please call a Pennsylvania Nursing Abuse lawyer at 1-800-318-LAW1 or contact us by e-mail today.