A class action investigation has been recently launched into claims of nursing home problems including negligence and neglect of residents.

Nursing home problems often show up in various forms of physical harm like bruises or neglect, with experts estimating approximately five million people over the age of 60 are neglected, abused, or exploited in the United States every year.

However, the majority of these nursing home problems go unreported, with 84% falling through the cracks. Class action investigators have launched this investigation for people who believe their loved one may have suffered harm from nursing home problems which may have occurred due to negligence or intentional harm from the caregiver.

Recently there was a whistleblower lawsuit filed against a Mississippi nursing home which agreed to settle allegations of Medicare and Medicaid fraud in the amount of $1.25 million.

The whistleblower lawsuit alleges the nursing home submitted false claims to the federal government between October 2005 and May 2012, which were initially reported by the owner and landlord of Oxford Health Academy Health Center Inc.

The owner made himself a whistleblower when reporting the Medicare and Medicaid fraud, alleging this scheme did nothing for the residents and forced them to contend with substandard care.

Some of the nursing home problems named in the whistleblower lawsuit including failing to feed residents, administer medications, hire enough staff, and withheld all Medicare and Medicaid funds. This caused the nursing home to be without heat or air conditioning, cleaning, pest control and other necessities for adequate living conditions.

As a result of these nursing home problems, residents allegedly developed ulcers, suffered falls, dehydration and other physical forms of harm. These problems were reportedly discovered after parent company Hyperion failed to pay rent. Hyperion was later ordered evicted from the premises but tried to avoid eviction by filing for bankruptcy.

However, a bankruptcy court dismissed the case in March 2010, stating Hyperion failed to provide proper disclosures to the court. While this elder abuse and neglect case was discovered and will most likely be resolved, that is not the case for many elderly citizens.

“Residents of nursing homes are some of our most vulnerable citizens. … Nursing home operators who bill Medicare and Medicaid for providing their residents with grossly deficient services will be held accountable,” said acting Assistant Attorney General Chad A. Readler.

Overview of Nursing Home Problems in America

While there are a number of contributing factors that can contribute to elder abuse or neglect in nursing homes, much of the problems stem from the fact that most facilities are understaffed and lack proper supervision for the residents. According to relevant data, 90% of nursing home in the United States have insufficient numbers of staff to provide care to residents.

Furthermore, one in three nursing homes in the United States has been reported for neglect and similar charges, with injury reports including untreated bed sores, insufficient medical care, malnutrition, dehydration, preventable accidents, poor hygiene and lack of sanitation.

Loved ones of elderly people living in nursing homes should be vigilant against any potential nursing home problems, including any signs of neglect or physical abuse. These infractions should be reported immediately to authorities, and the elder should be given a proper medical checkup.

The Nursing Home Problems Lawsuit is Case No. 3:10-cv-00552, in the U.S. District Court for the Southern District of Mississippi.