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Whether
we want to admit it or not, the incidence of elder
abuse is on the rise. Negligent care and elder
abuse in nursing homes has become a serious and
widespread problem. According to the National Center on Elder Abuse, between the years of 1986 and
1994, the number of cases of elder abuse jumped
from roughly 120,000 to 240,000. As Americans
place spouses, parents, grandparents and other
loved ones in nursing home facilities, the thought
of them suffering elder abuse or even less-than-adequate
care is certainly cause for alarm.
Cause
of Rising Elder Abuse
Perhaps
the single most important reason for the rise
in negligent care and elder abuse is due to the
growing number of senior citizens in this country.
One indication of the rising numbers is evidenced
in the recent debates over issues such as Medicare
and Medicaid, social security, and prescription
drug prices. Older Americans are flexing their
political muscle for the protection of services
that are becoming increasingly important to them.
As the baby boomers and the generation before
them ease into their golden years, there has been
a rise in the number of nursing homes and facilities
to house them and care for them.
Another
important factor in the rise of elder abuse cases
is that Americans are living longer. While it
was once rare for Americans to reach their 90th
or 100th birthday, today it is a common
occurrence. The result is that older Americans
are staying in nursing homes for longer periods
of time.
There
has also been a rise in the number of nursing
homes and facilities that have sprung up to meet
the demand of the rising number of senior citizens.
While some of these facilities certainly provide
excellent services and care, others do not. Some
of these facilities are staffed by uninterested,
abusive, and under-trained staff that are often
times the main perpetrators of elder abuse in
nursing homes. Experts have estimated that well over 30,000 older Americans die prematurely
due to some form of elder abuse, negligence or
mistreatment.
Many
existing homes for senior citizens are now filled
to capacity, often in an effort to maximize their
profits. While the number of residents increases,
this is not always met by a concomitant rise in
the number of staff to care for them. This can
places tremendous stress on a staff that is overworked
and perhaps under-trained. This can lead to low
quality nursing home care. Residents in such homes
are frequently ignored, neglected, or suffer physical
elder abuse.
Evolution
of Elder Abuse Law
As
the incidence of elder abuse increased over the
last 15 years, there was a response from the legal
community to safeguard our older citizens. Back
in 1987, as the number of reported cases of elder
abuse and negligent care was skyrocketing, the
Federal Government enacted certain Amendments
to the Older Americans Act. The
1987 OBRA amendments included the first federal
resident rights provisions. These provisions outline
the minimum standards of health, safety, patient
autonomy, notice requirements, and fiduciary duties
of facilities. Failure to comply with any federal
provisions would now result in a loss of Medicare
or Medicaid certification for the facility. States
are now also required to have a Bill of Resident
Rights that are at least as protective as the
federal statutes. This was also the first
time that the federal government defined what
constituted elder abuse, neglect, exploitation,
and mistreatment.
Laws
that now regulate what constitutes elder abuse
and negligent care are defined according to state
law, with definitions varying according to the
particular jurisdiction. State law generally recognizes
three broad categories of elder abuse (often varying
in their specificities), including institutional
elder abuse, domestic abuse, and self-abuse.
Institutional
Elder Abuse
We
will focus on institutional elder abuse, which
is elder abuse suffered by residents of a nursing
home or other assisted living facility. This can
include, but is not necessarily limited to, nursing
homes, foster homes, group homes, board and care
facilities. Institutional elder abuse is committed
by anyone who abuses, neglects, exploits, or mistreats
any person to whom they have a legal or contractual
obligation to provide with a standard of care
or protection.
Perpetrators
of Institutional Elder Abuse
Institutional elder abuse (abuse that occurs in
nursing homes) can come in many forms and can
involve many factors on both the part of the perpetrator
and the victim. Often times, elder abuse cases
can involve a whole host of factors: psychological,
mental, physical, social, sexual and economic
on both the part of the nursing home staff and
the elder abuse victim. According to the National Center on Elder Abuse, the most common form of elder abuse is general
neglect, loosely defined as less-than-adequate
service, care, or interest in a resident.
Physical
elder abuse is the second most common form of
nursing home abuse. Physical elder abuse can include
hitting, unreasonably restraint, excessive use
of force, drugging and other inappropriate and
physically abusive actions against residents.
This form of elder abuse (along with emotional,
sexual, and financial) is more egregious in nature
because it is a willful and intentional act against
the nursing home resident.
Unfortunately,
negligent care and elder abuse is difficult to
detect and can be hid from family and loved ones
by the perpetrators of these horrible acts.
If
you or someone you know has suffered elder abuse,
neglect, exploitation, or mistreatment at the
hands of a nursing home, you have legal recourse.
Most states have enacted certain time limits from
the time that the elder abuse occurred, so it
is important to speak with a knowledgeable attorney
in a timely fashion.
If
you would like to contact an Elder Abuse Attorney,
Click Here to CONTACT US.
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