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Serious personal injury or wrongful death due to the negligence of others.

Nursing Home Abuse: Studies Continue to Show Serious Problems

When we put our loved ones in nursing homes, we expect only the best for them. We trust the trained nursing home staff to take good care of them and take steps to prevent harm. Yet, shocking stories of nursing home abuse and neglect remain all too common. Residents are the victims of all forms of abuse, including verbal abuse, physical abuse and even sexual abuse.

There is a sad history here. A 2001 report prepared by the U.S. House of Representatives Committee on Government Reform found that nearly one third of U.S. nursing homes were cited for abuse in two years. Thirty percent of the cited nursing homes — more than 1,600 nursing homes — had instances of actual harm or death.

Little has been done to improve these appalling conditions. The abuse continues to range from emotional harm to physical harm, including:

  • Assault and battery/physical violence towards residents
  • Enticement of and/or failure to stop abuse between residents
  • Sexual molestation and rape
  • Extensive verbal abuse
  • Malnutrition and dehydration
  • Failure to prevent bed sores/pressure sores
  • Improper restraints
  • Isolation or desertion
  • Harassment

Unfortunately, the numbers do not tell the whole story. The study covered only reported nursing home abuse. Many more incidences of serious elder abuse occur that are never reported, even in states with mandatory reporting laws (such as Ohio). A 2005 Ohio Elder Abuse Task Force Report estimated that only one in five elder abuse incidences are reported.

Preventing Nursing Home Neglect and Abuse in Ohio

State and federal law strictly prohibits nursing home neglect and abuse. Ohio has specific guidelines for nursing homes and other long-term care facilities, including:

  • Nursing home operators and employees may not use profane or abusive language in the presence of residents.
  • Nursing homes must have adequate staffing, including an administrator, registered nurses and staff to provide at least two and three-fourths hours of direct care each day to each resident.
  • Attendants must provide a comprehensive assessment of, and a plan of care for, each resident.
  • Prone restraint — a type of physical or mechanical restraint — is prohibited, though a brief transitional hold to prevent harm to the patient or others is sometimes allowed.
  • Each resident's drug regimen must be reviewed and documented by a pharmacist at least once per month.
  • Nursing homes must provide residents at least three nourishing meals per day, as well as a snack after the evening meal.
  • Safe and fresh water must be available to residents all of the time.

The Ohio Department of Health, Division of Quality Assurance conducts on-site inspections to ensure that nursing homes comply with state and federal nursing home regulations. Inspectors visit a nursing home unannounced approximately once a year and investigate any complaints/reports of abuse.

But, abuses continue to occur. An annual inspection is not enough to catch hidden problems. Often, abuse only comes to light when families visit their loved ones and notice burns, bruises and other signs of abuse. If you have noticed physical or psychological changes in your loved one and suspect that he or she is the victim of abuse, now is the time to speak up. Report the abuse, then contact a nursing home negligence lawyer in your area.

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