Nursing Home Abuse

One of the most unsettling thoughts with respect to placing our loved ones in a nursing home is the concern that someone might physically abuse them. Most states have laws that are designed to protect the elderly from abuse and neglect. Despite these laws, the sad reality is that many elderly people continue to be abused. This situation came to light recently in a Montgomery, Alabama, nursing home. Authorities found that a certified nursing assistant (CNA) and former nursing home employee punched a 93-year-old nursing home patient. The report indicated that the elderly patient continued to spit her medicine out when the CNA attempted to administer the medications. The CNA was arrested and charged with abuse or neglect of a protected person.

In 2013, CBS News reported an event where two CNAs physically abused patients in Dallas, Texas. The events were caught on camera. In that report, CBS reported that an elder/nursing home advocacy group, Families for Better Care, researched reports from every state and concluded that 11 states received a failing grade for failing to protect elders from abuse and neglect. For the southeastern states, Florida and South Carolina received a score of “B.” Georgia and all other southeastern states, except Louisiana, received a score of “D.” Louisiana was one of the 11 states that received a failing score of “F.” The states with a “superior” grade of A” were Alaska, Rhode Island and New Hampshire. According to the group’s findings, one in five nursing homes abused, neglected or mistreated residents in about half of the states. The advocacy group determined that the nursing homes that staffed at higher levels received a higher ranking, while those who had fewer staff or who were understaffed received lower rankings. As late as September 2014, the group updated its findings. The updated report can be found at www.nursinghomereportcards.com.

While the examples of abuse such as those reported in Alabama and Texas are presumably an exception and not the rule in nursing homes, if you suspect your loved one is being abused, the best course of action is to report the abuse to the facility administrator, the facility ombudsman, and the Alabama Department of Public Health (ADPH). For information related to the ADPH, you can go to www.adph. org. The ADPH also maintains a complaint line, and you may call them at 800-356-9596 or 800-873-0366. Of course, you may also need to report the event to the local law enforcement agency as well.

Hopefully, nursing homes will do a thorough job of performing background checks and detailed interviews in order to minimize the possibility of hiring a person who would abuse elderly patients. If you need more information, contact Boyd Newton, who handles Nursing Home litigation, and who can be reached at 404-593-2630 or by email at boyd@boydnewtonlaw.com.

Source: www.CBSNews.com and www.wsfa.com

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