Nursing Home Abuse

By many standards, America is one of the most advanced countries in the world today. But if how well a society provides for its elderly and infirm is the truest measure of its progress and humanity, then the truth is America still has a long way to go. In every state, widespread instances of nursing home abuse and elder care abuse have been on a marked rise in recent years, with thousands of nursing homes and agencies cited for improper medical care, verbal abuse, sexual abuse, physical abuse, psychological abuses, abandonment and neglect towards their residents. Recent studies sponsored by Congress show that the instances of abuse in nursing homes have nearly tripled since 1996. 5.9 per cent of all nursing homes were reported for actual instances of abuse that year. That figure jumped to 16.4 per cent by 2002.

But while the problem is bad in America, nursing home abuse in Mississippi is downright rampant. In May, 2003, U.S. Congressman Bennie G. Thompson (D-2nd District) called for a review of nursing home standards and conditions in his district. The resulting report of 43 nursing homes serving more than 3000 Mississippians showed that only 9 per cent of those nursing homes were in full or substantial compliance with the federal standards of nursing home care that govern their services. That means that only 1 in 11 nursing homes could ensure that the elderly in their care were safe from harmful injuries and received the care they deserved. Of the 39 nursing homes that could not meet these minimum standards, 12 of them were cited for serious violations that presented the possibility of imminent harm or death to residents.

Smoke and mirrors: how nursing homes conceal their abuses

Although a majority of nursing homes earn most of their money from federal and state government (through Medicare and Medicaid), these nursing homes are not government agencies. They are for-profit companies who have entered the nursing home business to make as much money as possible. Achieving their financial goals often means cutting costs in areas that are fundamental to the care they are expected to provide.

Nursing homes typically have a lot of practice making good impressions on visitors. Whether those visitors are the loved ones of residents or federal, state and local inspectors, nursing homes invest a great deal of effort in keeping up appearances. Often, nursing homes know well in advance when state and federal inspections will occur. They clean up their acts in time to get passing marks on inspections, and then revert back to business as usual.

Sadly, business as usual usually means chronic staff shortages, unqualified staff, inadequate medical care, failure to secure areas where dangerous slips and falls are likely (stairwells, hallways), intimidation and physical mistreatment of residents, malnutrition, inadequate supervision of residents, drugging of residents, and failing to maintain an overall safe and sanitary environment. In an alarming number of cases, instances of sexual abuse, rape and severe physical beatings have occurred.

Nursing homes aren’t supposed to be jails or houses of horror. They’re supposed to be safe havens for our elderly, and nursing homes are required to maintain standards of care that ensure the maximum physical, emotional and social comfort and security to residents. This isn’t optional – it’s required by law and is the right and just reward we owe to the elderly. Of the 350,000 Mississippians over the age of 65, experts predict that nearly half of them will require assisted living services as residents in Mississippi nursing homes at some point in their lives. They deserve far better than the fate that now awaits them.

Jay Foster is an attorney that understands Mississippi’s elderly are among our state’s greatest treasures. He knows that taking care of the elderly not only preserves our past, but also ensures our future. But too often in his career, Jay has seen the respect he and millions of others in Mississippi share for the elderly trampled underfoot by for-profit nursing home agencies far more concerned with the bottom line than the quality of care they’ve been entrusted to provide. He’s seen that government warnings and fines may give nursing homes the occasional scare, but the only place to force the fundamental reform nursing homes must undergo is in a court of law.

If you have a loved one now residing in a nursing home who you suspect is suffering as a result of the nursing home’s failure to provide proper care, you and your loved one have rights that attorney Jay Foster can help you exercise in Mississippi courts. Contact Jay today to discuss your case.

Frequent Questions for Nursing Home Abuse:

• What is Nursing Home Abuse in Mississippi?

Web Resources for Nursing Home Abuse:

• 2003 Congressional Report on Mississippi Nursing Home Abuse