In August 2006, 89-year-old Maizie Bickley, a nursing home resident, complained of pain, dizziness, and cramps. The nurse aid assigned to Mrs. Bickley on the overnight shift repeatedly asked a nurse to look at Bickley, but by the time her shift ended at 7:30 a.m., Bickley still hadn’t been seen by a nurse.
When the aid appeared for her shift the following evening, she found that Bickley’s condition had deteriorated. When she called Mrs. Bickely’s daughter, Sandra, to report the situation, Sandra asked to speak with one of the nurses on duty. She instructed the nurse to call the doctor and have her mother transported to the hospital, but the nurse refused. Only after Sandra threatened to come to the nursing home with her attorney did the nurse agree to make the call.
At the hospital, Maizie Bickley was diagnosed with a life-threatening condition requiring surgery, as well as pneumonia, dehydration, and a urinary tract infection.
Sadly, Mrs. Bickley’s story is not unique. In 2003, state ombudsman programs investigated 20,673 complaints of abuse, gross neglect, and exploitation on behalf of residents of long-term care facilities in the United States. In 2006, according to the United States Centers for Medicare and Medicaid Services, which regulates nursing homes, 2,000 citations for abuse violations were issued to 850 of the nation’s 16,000 nursing homes—a 22 percent increase from 2000 to 2006.
When you place your loved one in a nursing home, you entrust that patient to the nursing home’s care. But nursing homes are often understaffed, and their workers may be overworked, underpaid, or poorly trained—just some of the circumstances that can lead to abuse and neglect of patients. With the number of nursing home residents in the United States—estimated at 1.6 million today—expected to quadruple by 2050, the problem of heavy workloads and strained budgets is only likely to escalate.
Federal and state legislation has guaranteed certain rights to residents of long-term care facilities, and any violation of those rights may be considered an act of abuse. The rights of the nursing home patients include:
- Freedom from discrimination, abuse, and neglect
- Access to one’s medical records
- Participation in care planning and choosing a personal physician and medical treatment
- Protection of personal funds and belongings
- Private communication via telephone and mail, and the right to receive visitors
- The right to complain without fear or reprisal
Nursing home patients are especially vulnerable to abuse because they may be easily intimidated or physically unable to complain about their injuries. If you have a loved one in a nursing home, learn to recognize the signs of possible abuse:
- Unexplained bruising, bleeding, and injuries
- Weight loss and/or dehydration
- Fear or apprehension, especially in the presence of a particular caregiver
- Venereal disease
- Depression
If you suspect that your loved one is a victim of nursing home abuse, contact our office immediately. Failure to take prompt action could jeopardize a potential claim and your entitlement to damages.
Call us today toll-free 1-866-778-5500 for your free legal consultation.