The U.S. Department of Health and Human Services, HSS, did a study of nursing home complaint investigations and found some alarming facts and inadequacies. State agencies that are monitored by the Centers for Medicare and Medicaid Services should meet federal standards and go by a binding state operations manual, but unfortunately a high percentage in Connecticut are not up to par.
The HHS found 33 percent of immediate jeopardy complaints in Connecticut were not investigated within the mandate of two working days. And 26 percent of actual harm complaints were not followed up within the mandate of 10 working days. When nursing home facilities fail their duties to the elderly and those that have valid complaints, a nursing home abuse lawyer can counsel on how to ensure an elderly person’s rights are upheld.
In the study, immediate jeopardy complaints were the most significant. These complaints were shown to cause serious injury, harm, impairment or death. Actual harm complaints involve harm that can negatively impact a person’s physical, mental or psychosocial status. Rapid responses are needed on all levels to ensure the safety and wellbeing of a senior is taken seriously.
Some facilities claim staffing shortages and inadequate training are to blame. Unsupervised or negligent staff can be disastrous to a senior’s quality of life. Family members that visit their loved ones should be mindful of their health and surroundings. Some signs of nursing home abuse include withholding food and water, medication errors, as well as inadequate toilet facilities and grooming procedures.
Elderly people can be more susceptible to being victimized because some are mentally or physically unable to communicate. If a nursing home is paying attention to profits more than the quality of patient care, the chances for emotional, physical and sexual abuse increase. In the worst cases, they cause a wrongful death.
Financial abuse and exploitation are also on the rise. “In today’s economic climate, elders are at greater risk than ever of being targeted for fraud and financial abuse,” said Jenefer Duane, founder and CEO of the Elder Financial Protection Network. Family members should be mindful of the senior’s financial accounts and what valuables might be with them at the nursing home. Desperate individuals could take advantage of an elderly person’s finances, so be sure to know what your family member might be sharing with a caregiver in a conversation.
Family members, friends and seniors must not be shy or hesitant about any abuse that is occurring. Take notes on who is doing the abuse and what is being threatened. Nursing home administrators, the Conn. Department of Social Services and Protective Services for the Elderly, and the Conn. Department of Health should be alerted about the issue and file a formal complaint on an individual’s behalf.
Nursing home abuse is a criminal offense, so an experienced Connecticut nursing home abuse attorney should also be contacted immediately. Negligent caregivers can be subject to civil liability for financial damages, criminal penalties, and even the denial of the right to work with elderly individuals.
The accomplished attorneys at Stratton Faxon in Connecticut have won many nursing home and elder abuse cases. More than anything, they truly want to uphold the right of seniors to be treated with dignity and respect. The law firm is known for their superior results because of thorough investigation techniques and top-notch expert witnesses. As a result, four of their lawyers have been named Connecticut Super Lawyers for 2011 and heralded by peers and clients for the highest quality of service and winning verdicts.
Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.
