Elder Law - Nursing Home Abuse

By George Dickerman
First, let's recognize that nursing homes are needed in our society, and the functions they serve are vitally important to the health and caring of our aged population.
Their job is not easy. Even the best nursing homes, those with the cleanest rooms and most committed staff, have problems. Anyone who has visited a nursing home will eventually feel a sense of doom, as many patients will die, mostly because of natural causes associated with old age. Most nursing assistants usually leave the facility within one year because the type of work they do is both physically and psychologically draining.
There are so many federal and state laws and regulations governing nursing homes that it is nearly impossible for them to operate without committing some violations. Minor violations are not a reason to sue a nursing home. It is only when the violation causes actual harm to a patient, should a lawsuit be considered. A lawsuit should be focused on forcing the nursing home to both correct the problem for the protection of other patients and to compensate the victim for the injuries s/he suffered.
Nursing home abuse most often occurs because of a shortage of staff or negligence at the hands of an incompetent nursing assistant. When one staff member is assigned to twenty patients, then the needs of each patient cannot be met. There are simply too many tasks to perform and not enough workers. This condition is not the fault of the nursing assistants; rather, it is the fault of the facility's owner who is placing corporate profit before patient care.
When litigating a case of elder abuse or neglect, the attorney will gather all medical records from the nursing home and then review each document with a fine tooth comb to discover any clue that shows any acts of negligence that contributed to the injury.
Negligence often occurs because of an unqualified nursing assistant. Sometime it's just plain laziness.
In one case, an elderly patient's leg had been broken and was only discovered three days later when a family member came to visit and saw the grossly disjointed leg.
A record review included the daily progress notes prepared by the nursing assistant assigned to the patient. Unbelievably, on the day that the patient's broken leg was discovered, and while she was in the hospital undergoing surgery to repair the leg, the nursing home assistant wrote that the patient was in her nursing home bed, eating well and in no discomfort!
These are the types of cases that warrant litigation against a nursing home for elder abuse or neglect. In California, the law provides substantial remedies for victims. When it can be shown by clear and convincing evidence that the nursing home acted with fraud, malice, oppression or recklessness, then punitive damages can be included in a jury verdict.
Minor violations can be dealt with by contacting a long term care ombudsman or other government agency that oversees complaints against a nursing home. More serious violations should be reviewed by an elder law attorney who can represent the patient and seek appropriate remedies to compensate the client and protect other patients.George F. Dickerman is an elder law attorney in Riverside County, California, practising law for 23 years. To learn more about elder law issues, and to subscribe to a free newsletter that provides valuable information on how to assist your family members or loved ones, please visit http://Elder-Law-Advocate.com/Elder_Law_Physical_Neglect.html