By KJ McElrath  |  December 3, 2019

Category: Legal News

Man in nursing home sitting in chairA new tool from the federal government makes it easier to identify facilities where nursing home abuse and neglect regularly takes place.

It builds on an existing database known as Nursing Home Compare, which for the past several years as enabled consumers to research nursing homes and eldercare facilities all over the U.S.

What is different is that the Centers for Medicare and Medicaid, which administer and maintain the database, is now using a small icon, consisting of a red circle surrounding a white hand, to denote nursing homes that have been cited for neglect or abuse of patients.

The new system was instituted in response to a growing number of reports from federal watchdog agencies that have indicated a growing trend in the abuse and neglect of residents in elder care facilities. These reports also reveal that state and federal oversight of nursing homes has been inadequate, an issue that has come up in congressional hearings over the past year.

A Worldwide Problem

With a rapidly-aging population in developed countries, the problem of nursing home abuse and neglect has become a serious issue throughout the world. In the U.S. alone, it is estimated that one in 20, or five percent of all nursing home residents, have been subject to abuse.

Nursing home neglect and other abuse can take one or more of several forms:

  • Neglect: staff members fail or refuse to provide or attend to residents’ needs, including feeding, administering medications, or treating injuries, such as bedsores, or illnesses
  • Physical Abuse: residents are threatened with physical assault or being deprived of essential care
  • Sexual Abuse: this can take the form of rape, but also includes forcing a resident to witness a sexual act against his or her will
  • Psychological Abuse: intentional infliction of emotional pain and distress through verbal abuse, manipulation, etc.
  • Abandonment: staff members abdicate their responsibilities to care for residents – including leaving them behind in the event of a disaster

Increasing Complaints

Despite growing awareness of nursing home abuse, the problem continues to grow. Figures from the Department of Health and Human Services indicate that the number of complaints received over neglect and abuse in nursing homes has risen over 40 percent since 2010.

Since instituting the new identification system, Medicare has flagged 760 nursing homes across the country, representing approximately 5 percent of the more than 15,000 currently in its database. Nursing homes are flagged when federal investigators uncover evidence of abuse resulting in the injury of a resident or had the potential to cause harm over the previous 24 month period. Updated every month, the icons are removed when a flagged facility has gone without a citation for twelve months.

What to Do if You Suspect Nursing Home Abuse

If you have reason to believe that you yourself or someone you know is being subject to abuse and/or neglect at a nursing home, your first step is to contact the appropriate state agency. If it is an emergency situation, call 911.

In general, nursing home neglect lawsuits are filed individually by each plaintiff and are not class actions.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual nursing home neglect lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

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