Category: Nursing Home Abuse

Placing a loved one in a nursing home facility is an emotional and overwhelming decision.  The idea of entrusting the care of someone you love to complete strangers is uncomfortable and unsettling.  Choosing the facility that is the right fit for your family involves a fair amount of preparation and research.  But finding a facility that meets your loved one’s care needs will make the transition more comfortable for everyone.  Here are a few questions to ask when evaluating a potential nursing home for your loved one:

Since 2011, the number of verified cases of elder abuse in the state of Florida has increased by 74 percent, according to the Florida Department of Children and Families. In 2015, the statewide total was 2,525. According to a study by the University of Kentucky, nearly 90 percent of cases of elder abuse and neglect occur at home. Additionally, the study reported that one third of the abusers were the children of their victim, and that more than half of the abusers were females in their 40’s. 

Elders in nursing homes have certain rights. Under Kentucky law, those rights include — but are not limited to — the right to be treated with dignity and respect; the right to privacy, confidentiality, and personal possessions; the right to receive or refuse visitors; the right to be informed of their rights, as well as facility regulations; the right to participate in their own care; and, of course, the right to present grievances and file complaints without reprisal.

Cut-and-dry as those rights are, half a million seniors experience elder abuse every year. Abuse might be physical, evidenced by bruises, burns, scars, or broken bones. It might also be emotional. In many cases, elders are humiliated and degraded in disreputable nursing homes. Elders can also be forced or misled into providing personal information, leading to identity theft and other kinds of financial abuse. And while uncommon, sexual abuse is present in some facilities.

For years, nursing home contracts nationwide have contained dangerous arbitration clauses that force nursing home and long term care facility residents to give up one crucial legal right—the right to take that facility to court if a resident’s health or safety becomes compromised. These clauses were often inserted into resident contracts for federally-funded nursing homes and care facilities in order to cut costs. Specifically, legal costs.

The most unfortunate part about these arbitration clauses is the fact that most residents and their family members are unaware of them completely. When a family makes the decision to place an elderly loved one in a nursing home, the last thing they’re thinking about is the possibility of having to go to court. This is a stressful and emotional time for families. When nursing homes hide these clauses in the tiny print of admittance contracts, most family members don’t even realize what they’re signing.

It’s a downright sneaky move—one that costs lives. Every year we hear stories about nursing home residents who are abused, neglected, and even killed in some cases due to carelessness or negligence. When residents and their loved ones can’t legally do anything to protect the residents from negligence, what’s stopping nursing home staff members from getting away with whatever they can?

When we place a loved one in a nursing home or long term care facility, we trust that their basic needs will be taken care of—that they’ll be kept well-fed, clean, healthy, and safe. Due to the unfortunate fact that most facilities are understaffed or have an excessive amount of residents, however, it’s impossible for staff members to constantly keep an eye on every resident. Falls happen in nursing homes on a daily basis and can lead to devastating health consequences.