Articles Posted in Nursing Home Abuse

Recent headlines across the country have revealed that a significant percentage of COVID-19 deaths in the United States have involved residents of nursing homes.  One of the key reasons for this unfortunate result is understaffing at these facilities.

For decades, elder care advocates have tried to spotlight the problems involving understaffing in the nation’s nursing homes. In far too many nursing facilities that cater to the elderly or the infirm, staff numbers are far too low to ensure adequate care for their residents.

At several nursing homes across the country, the COVID-19 outbreak has raged unchecked. At these facilities, advocates say that the protocols for prevention of infections are simply not being followed as stringently as they should be in order to avoid a massive outbreak. Basic protocols like wearing of personal protection equipment have not been followed at these homes. In addition, hand-washing and hygiene protocols have also been neglected.

If you have a loved one or an elderly family member currently residing in one of Georgia’s nursing homes, there is plenty that you can do to check and monitor to make sure your loved one is not being physically abused. However, monitoring for emotional or psychological abuse is always as straightforward.

Recently, two nursing aides in a nursing home were fired after they posted a video on Snapchat taunting a 91-year-old resident with dementia who had a fear of hospital gowns.  The video shows the two aides mocking the woman as they pushed a hospital gown towards her, even as she resisted their attempts to do so. The video was posted on Snapchat, and was brought to the attention of the resident’s family members. They brought it to the attention of the nursing home, which suspended the aides, but promptly put them back on work barely 6 days later, citing insufficient evidence of any abuse.

Rightfully, the family has gone ahead and filed a lawsuit against the nursing home for damages. They claim that the psychological trauma has harmed their loved one, and that her mental condition has actually regressed.

There may come a time for many of us when we need to think about caring for our elderly loved ones.  Georgia residents who want to place their loved ones in nursing homes need to be sure to do their due diligence to find facilities that meet acceptable quality standards.  This is especially so since, according to federal ratings, the Georgia’s nursing homes rank poorly on care indices.

The Centers for Medicare and Medicaid Services has developed a ranking based on three care parameters. Georgia nursing homes were placed on the bottom of the list for their care standards.

The Centers for Medicare and Medicaid Services rating was based on how facilities performed on three parameters – health inspections (evaluating the number and scope of defects found in the last two inspections), staffing measures, and quality measures. Staffing rankings were determined based on the number of resident nurses per resident per day, and the total staffing per resident per day. Quality ratings were determined on the basis of 16 quality measures.

The Trump administration’s efforts to relax federal regulations could impact the ability of nursing home residents across the United States to hold the facility responsible for abuse or neglect.

President Trump has issued an executive order that requires federal agencies to relax regulatory expenses. This action could result in CMS (Center for Medicare and Medicaid Services) rescinding an Obama era rule that makes it easier for residents of nursing homes to sue these facilities in cases involving abuse and neglect. In September 2016, the Obama administration banned arbitration agreements that residents were required to sign before admission into nursing homes. That move came in response to the need for greater protection of the rights of elderly residents of nursing homes. The rule was challenged in court by nursing homes, and a trial is still pending.

The Trump administration proposes to require that all residents sign an arbitration agreement upon admission to the nursing home which would eliminate their right to sue the nursing home in case of abuse or neglect, and would impose neutral arbitration as the only means of dispute resolution. A typical arbitration agreement will inform the resident that signing the agreement removes his right to legal recourse via a trial by jury or court trial.  It would also work to establish that any dispute will be resolved through a process of arbitration.