Abuse of the elderly in nursing homes is often referred to as “the hidden crime” for several reasons: It is often difficult to recognize; it can been concealed by nursing home staff; and the victims may be too frightened or incapacitated to communicate the abuse. Nursing home abuse refers to the physical or emotional abuse of the elderly and other vulnerable adults that takes place in residential, long-term care facilities or nursing homes. It is also sometimes referred to as institutional elder abuse.

Nursing home abuse is a growing problem in the United States. In 2001 the Special Investigations Division, Committee on Government Reform, and the U.S. House of Representatives reported that almost one-third of nursing homes in the United States were cited for abuse violations over a two-year period. Elder abuse may be physical, sexual or due to neglect. An estimated 84 percent of abuse cases go unreported or unrecognized. Nursing home deaths are rarely detected by government inspectors, assessed by medical examiners, or investigated and prosecuted by law enforcement.

Federal and state laws were designed to protect nursing home residents. According to the Federal Nursing Home Reform Act of 1987, all residents in nursing homes are entitled to receive quality care and live in an environment that improves or maintains their overall physical and mental health. This entitlement includes freedom from abuse and neglect.

The Office of the Inspector General has categorized seven types of abuse sustained by the elderly in institutional settings:

• Physical abuse – infliction of pain or injury, including sexual abuse.
• Misuse of restraints – chemical or physical control of a resident not in accordance with accepted medical practice or orders.
• Verbal/emotional abuse –demeaning statements, harassment, threats, humiliation or intimidation.
• Physical neglect – disregard for the necessities of daily living such as food, water, bathing and basic care.
• Medical neglect – lack of care for existing medical problems, such as ignoring a necessary medical diet, not calling a physician when necessary, being unaware of potential side effects of medication, or not taking action on a medical problem.
• Verbal/emotional neglect – not meeting the patients’ verbal/emotional needs including disregarding patients’ wishes or restricting contact with family and friends.
• Personal property abuse – illegal or improper use of a resident’s property (funds, property, assets) by another for personal gain.

To participate in federally reimbursed Medicare and Medicaid programs, nursing homes must comply with the Nursing Home Reform Act (NHRA) which specifies adherence to certain requirements for quality of care. The NHRA states that a participating nursing home “must provide services and activities to attain and maintain the highest practicable physical, mental and psychosocial well-being of each resident in accordance with a written plan of care…”

Most states have addressed the institutional abuse issue with laws that require doctors, nurses and other health care professionals to report suspected neglect to a designated state office. Laws further require nursing homes to investigate and report any abuse incidents that occur within their facility. Physicians, hospitals, nurses, therapists, aides, orderlies and administrators must provide adequate care, medical treatment and protection to the residents and patients in their facility.

Brown & Crouppen has been building a reputation for success with Nursing Home Abuse clients for more than two decades. Today, we are one of mid-America’s largest personal injury law firms with over 70 legal professionals and five offices throughout Missouri and Illinois. Brown & Crouppen has thrived because of our shared commitment to deliver the best possible service to clients throughout Missouri and the United States.

If you or someone you love has been injured in a nursing home, our experienced team of Nursing Home Abuse lawyers provides tough, aggressive representation for victims and their families. When you choose us to handle your Nursing Home Abuse lawsuit, our entire team becomes fully committed to your cause. We will find answers, hold negligent homes and agencies responsible and get you the compensation you deserve.

Please contact us online or call our office today at Toll Free: 866-991-4700.