Neglect and abuse in nursing homes are silent crises that demand urgent attention. As the older population grows, the statistics reveal an alarming reality: one in six older adults worldwide experiences neglect or abuse.
In the United States alone, there are 1.2 million nursing home residents. Under current conditions, many of them face significant risks to their safety. Several studies involving over 10 million older adults reported that an average of 10% of nursing home residents had pressure injuries. Another study involving more than 150,000 nursing home residents found that over 10,000 had suffered fall-related injuries, such as head trauma and hip fractures.
In 2014, the Office of Inspector General (OIG) revealed concerns that one in three skilled nursing facility (SNF) residents experienced an injury within the first 35 days of their stay, and 60% of these injuries could have been prevented. In 2017, a Lancet Global Health report estimated the prevalence of neglect in nursing homes at 2.4%, while the rates of physical abuse were around 2.6%.
Mortality rates further highlight the crisis. A study published in the Journal of the American Medical Directors Association reported that 35% of nursing home residents died within the first year after admission, and over 16% died within the first 100 days.
While some deaths stem from advanced age or underlying conditions, others raise serious concerns about the role of neglect and inadequate care in nursing homes. These stark realities underscore the urgency of addressing systemic failures in long-term care. Understanding the depth of these issues is essential for protecting the rights of vulnerable individuals.
Regulatory Standards for Reporting Incidents in Nursing Homes
Federal regulations require Medicare and Medicaid-funded nursing homes to adhere to strict guidelines for reporting falls and other incidents leading to injury or harm. All incidents resulting in serious injuries, including falls, must be reported promptly. Noncompliance can result in penalties, including fines or loss of certification.
State regulations often build on these federal standards as the reporting incidents of abuse or suspected abuse is a fundamental responsibility for all providers. Nursing home staff are obligated to report all abuse, suspected abuse, or physical injuries of unknown origin.
The Critical Role of Documentation in Nursing Homes
Missing or inadequate documentation may obscure the true causes of injuries, illnesses, and deaths.
To uncover potential neglect or abuse, investigators must analyze the complete clinical record provided by the nursing home and external healthcare providers.
This process requires studying pertinent medical records, recognizing what is missing, and identifying what should have been documented.
We cannot rely on reporting alone to uncover these neglect and abuse cases. Many nursing home residents have cognitive dysfunction, limiting their ability to report abuse or neglect, and some residents do not have immediate family to advocate for them.
Even when family members are present, they may accept the facility’s explanations at face value, trusting that medical providers would not misrepresent the truth. Unfortunately, this misplaced trust often allows abuse and substandard care to continue.
Recent Cases Highlighting Nursing Home Abuse and Neglect
High-profile cases and Supreme Court rulings continue to shed light on the pervasive issues of neglect and abuse in nursing homes:
- Operators of four nursing homes in New York recently agreed to pay $45 million to settle claims of neglect and mistreatment. Allegations include chronic understaffing, residents left to sit in their waste for hours, and misuse of Medicaid and Medicare funds for personal enrichment rather than resident care.
- The family of a diabetic man filed a wrongful death suit against the facility where he lived. One of his nurses, who has been charged with administering excessive insulin doses leading to 17 deaths, allegedly neglected and abused the man.
- A case involving a man subjected to unnecessary chemical restraints in a nursing home reached the U.S. Supreme Court. The Court ruled that the rights outlined in the Federal Nursing Home Reform Act are enforceable under federal civil rights law. This decision supports residents’ rights and enhances accountability measures for nursing homes.
These cases underscore the urgent need for vigilance, regulatory enforcement, and systemic reforms to ensure nursing home residents receive the dignity and care they deserve.
The Critical Role of Legal Nurse Consultants in Uncovering the Truth
In cases of nursing home neglect and abuse, legal nurse consultants play a crucial role in exposing the facts. Often, the most revealing evidence lies not only in what is documented but also in what the nursing facility and staff fail to document or include in the records provided to investigators.
The legal nurse consultants at Integrity Legal Nurse Consulting PDX are skilled in identifying omissions and inconsistencies, making them invaluable assets to litigating attorneys.
Click here to schedule a free consultation and learn how we can help uncover critical evidence, so you can build a stronger case.
For surviving family members, the journey to finding the truth often begins with retaining an attorney. Without the expertise of an experienced litigator and legal nurse consultant, families are frequently left with few alternatives and forced to accept the nursing facility narrative, no matter how incomplete or misleading it may be.
Sources:
- Prevalence and incidence of pressure injuries among older people living in nursing homes: A systematic review and meta-analysis – PubMed
- Identification of Fall-Related Injuries in Nursing Home Residents Using Administrative Claims Data – PubMed
- Elder abuse prevalence in community settings: a systematic review and meta-analysis – The Lancet Global Health
- Nursing Homes | HHS-OIG
- Risk Factors for Mortality in Nursing Home Residents: An Observational Study – PMC
- Trajectories Over the First Year of Long-Term Care Nursing Home Residence – ScienceDirect
- Community-Based Care Survey Process Guide 2016
- Adverse Events in Nursing Homes | CMS
- Health and Hospital Corp. of Marion County v. Talevski | 599 U.S. ___ (2023) | Justia U.S. Supreme Court Center
- New York nursing home operator accused of neglect settles with state for $45M | AP News
- Nurse charged in the deaths of 17 patients berated and bullied diabetic man before giving lethal insulin dose, suit says