Nursing Home Neglect – How Widespread is the Problem?
It is never an easy decision to place a loved one in a nursing home – as anyone who has ever done that knows only too well. Naturally, you hope and trust that the nursing home you have chosen is well run, safe and efficient. However, most people are surprised to realize just how widespread the problem of nursing home neglect is.
We have all seen the TV advertisements and infomercials for attorneys who promise to help you if you have an issue with nursing home neglect. And unfortunately, this emotive subject often makes the headlines as well – in February 2007, a California nursing home was fined ,000 for its alleged role in the death of a resident from blood infection.
There are around 17,000 nursing homes in the United States, containing an estimated 1.5 million residents. In fact, Americans aged 85 and over are now the fastest growing segment of the population – in 2030, it is estimated that around 20% of Americans will be senior citizens.
Most nursing home neglect is actually unintentional, and neglect is more common than deliberate abuse. There is perhaps a fine line between what might be defined as neglect and what might be termed abuse – in general, neglect is often accidental, while abuse is often deliberate. But whether it is described as neglect or abuse, the numbers are alarming. Almost one million senior citizens in nursing homes and other facilities are neglected or abused each year – and around 30% of facilities are cited in one way or another.
For the period from 1999 to 2002, almost 14,000 deaths in nursing homes were caused by some kind of neglect – much of it admittedly indirect. It can often be difficult to differentiate between deaths which are caused by neglect and natural deaths in an environment where residents are naturally elderly and in poor health anyway.
The main type of nursing home neglect is neglecting the basic needs of residents. Some neglect is not easy to observe. According to a 2000 report by the national Coalition for Nursing Home Reform, nationwide, almost 25% of nursing home residents have bedsores. And around 35% suffer from poor nutrition or dehydration – conditions which many of us would not be qualified to diagnose.
A common fault in nursing homes is not providing adequate food and water or not assisting those who need help. Anyone who has spent time in a nursing home has probably observed residents being given food only to have it removed several minutes later uneaten. Some neglect is caused by a staff shortage, not having enough staff on duty to see to the needs of the residents. The recommended ratio of staff to residents is around one caregiver to every 15 residents, but according to the Department of Health and Human Services, almost 90% of facilities don’t have enough staff.
If you are trying to choose a potential nursing home for a loved one, you have the right to inquire about the staff to patient ratio. Ask about the level of staffing for different shifts – day and night. If necessary, check with your state licensing rules about staff to resident ratio requirements. Try to get a feel for how many residents are bedridden or confined to a wheelchair, thus requiring extra care.
The reasons are clear why many facilities don’t have enough staff. Many caregivers are underpaid or overworked – many also have a second job. And caring for the elderly and the infirm can be a challenging, unpleasant and stressful occupation. Not surprisingly, employee turnover in nursing homes is high – an estimated 93%.
And if you suspect nursing home neglect what then? A realistic first step is to talk not only to the residents, but to the staff and residents, families as well, if you possibly can. It may be an isolated incident of neglect, or there may be a pattern. You also have the legal right to see a copy of the latest state survey of any nursing home, according to Medicare regulations.
If you feel you need to take the matter further, every state has a department within the Department of Health which deals with the enforcement of nursing home regulations. They also investigate any complaints filed by family members. Remember, your loved one may not be able to give you the full story.
Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Nursing Home Abuse, Nursing Home Neglect and Negligence. Visit http://www.topnursinghomelawyers.com or call 1-888-311-5522
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Nursing Home Abuse
If your elderly loved one needs special care and attention, you may consider a nursing home. Unfortunately, it’s a shocking reality that nursing home abuse and neglect has become commonplace.
Assessing Nursing Home Safety
A thorough investigation of the facility you are considering is crucial. Asking the right questions and closely observing the facility you are considering can go a long way in preventing nursing home abuse. Ask these questions as you tour the facility:
· Are the nursing home and its current administrator licensed?
· Does the nursing home conduct background checks on all staff?
· How thorough are the background checks?
· Does the nursing home provide special services units for residents with special needs?
· Does the nursing home require abuse prevention training for its employees?
How Common is Nursing Home Abuse?
For the most part, nursing homesand other facilities that care for our elderly do an excellent job in meeting standards of compassionate care in a safe, efficient and sanitary environment. Rather than punishing the entire industry with additional laws that will increase costs, tougher standards imposed on those facilities that blatantly violate the law are needed. However, the facts remain that nursing home abuse continues to rise, with incidents in the thousands.
Congress found that that over 30 % of U.S. nursing homeswere cited for abuse violations between January 1999 and January 2001. Over 2,500 of those violations were severe enough to cause serious injury or death. Since the time of that study, the nursing home industry has attempted to reform its policies and procedures to accommodate more thorough background checks of its employees, but is continually hampered by low budgets and high operating costs.
Signs of Nursing Home Abuse
Nursing home abuse and neglect can come in many forms, including:
· Bedsores
· Malnutrition
· Failure to thrive
· Physical abuse
· Mental abuse
· Sexual abuse
· Loss of personal hygiene
· Unusual depression
· Unexplained bruises, cuts or broken bones
Taking Every Report Seriously
Sometimes, because of the frail mental condition of the elderly individual, staff and family members disregard their reports of abuse. Investigators believe most cases are never reported. It is our job to protect the victims of abuse and bring the abusers to justice. If your loved one reports nursing home abuse, take the time to listen and investigate.
Consult with a qualified nursing home abuse attorney, like Craig Goldenfarb in West Palm Beach, Florida, to understand your rights and your loved one’s rights and to pursue your case according to the law.
Nursing Home Malpractice and Nursing Home Abuse; the Signs, Symptoms and What to Do About It
Medical malpractice is the deviation from the acceptable medical standard of care which causes results in some type of harm to the patient. It can and does happen in a health care facility including nursing homes. Nursing home malpractice is any intentional act or negligence committed by a nursing home professional and/or staff member that potential causes physical, economic, or psychological harm to the residents. Malpractice can occur if the care provided deviates from accepted standards of practice in the community and causes injury or death to the resident. While most facilities attempt to provide competent care, there are instances when the quality of care is not up to standards, and as a result medical malpractice occurs. General neglect is the most common nursing home malpractice and could include:
* Failure to assist in personal hygiene
* Failure to provide appropriate medical care
* Failure to provide appropriate food, clothing, and shelter
* Failure to prevent or treat malnutrition and dehydration
* Failure to prevent falls
* Failure to provide a safe environment
Any act or failure to act perpetuated by staff member that causes harm to a resident could be considered nursing home malpractice. Signs of or symptoms of these problems can include bedsores, pressure sores, infections, dehydration, malnutrition, unexplained ailments, undetected or misdiagnosed medical conditions, slip and fall accidents, medication errors, inappropriate physical restraint, untreated pain, and related indications of injury and/or death to the residents. Nursing home malpractice also includes inadequate staffing, inexperienced or under-trained staff, negligent supervision, and patient isolation. When the minimum standards governing the nursing home industry not met, the party responsible can be held accountable for any damages caused by the malpractice. Elder abuse in a nursing home is also a malpractice. There are different types of elder abuse: physical abuse, financial abuse, sexual abuse, emotional abuse, neglect and health care fraud. A victim of nursing home malpractice can file a claim for malpractice. The claim must be made within the statute of limitation which varies from state to state. The victim must generally prove four elements in a nursing home negligence claim: (1) a duty of care was owed by the nursing home; (2) the home violated the applicable standard of care; (3) the victim suffered a compensable injury; and (4) the injury was caused in fact and proximately caused by the substandard conduct. The burden of proving these elements is on the victim. Sometimes nursing home malpractice can also result in the death of the resident. In such cases, the survivors of the deceased resident can file a claim for wrongful death against the nursing home and its staff. To prove a nursing home malpractice case, expert testimony may be need to provide that employees of the nursing home failed to render care and treatment that meets the prevailing standard of care in the industry, and that this breach of the standard of care caused the resident’s injury or death. If you suspect you are a medical malpractice victim or nursing home malpractice for any reason, it is recommended that you seek legal advice immediately. Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.” Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.
Mr. Hastings concentrates his practice on civil and criminal litigation, real estate and business representation.
Nursing Home Neglect Evident In Many Ways
It can be confusing to tell the difference between the natural aging process and signs of nursing home neglect, especially in bedridden elderly individuals. The aging process is not always pleasant and sometimes the human body responds by painful and unattractive means. However, Decubitus ulcers are a form of neglect. More commonly known as bed sores, these sores develop from pressure point cause by the bones continually pressing against the skin. Bed sores are a definite sign of nursing home neglect.
When a healthy person comes down with the flu, often spending too much time in bed in the same position becomes painful. This is true of those who suffer from bed sores and neglect. That pain that we can all identify when we lay on one position for too long is intensified exponentially when it comes to bed sores. Victims of neglect often find bed sores developing on their body which range anywhere from small red marks to sores that penetrate all the way through the skin to the bone or an internal organ.
Nursing home neglect or nursing home abuse victims can rarely call out for help. They are often so dependant on the nursing home staff that they are afraid to cause any trouble. Sometimes the victims are physically incapable of speaking out against abuse or neglect. Imagine being in agony and having no way to ask for relief or no sense of safety to request relief.
Nursing home neglect laws require that patients be regularly turned in their beds to prevent these bed sores. No matter how small bed sores seem in the beginning, they are still an obvious sign of nursing home neglect, and they still require medical attention. Bed sores that turn into open wounds can not only cause serious health complications but have the potential to lead to death.
In reality, many forms of nursing home neglect can lead to serious health complications or death. While it is true that bed sores can happen in naturally thin elderly individuals despite being turned every couple of hours, but if even the smallest bed sore develops there should be immediate action on behalf of the nursing home doctors and nursing staff to correct the situation, even if that means that the patient needs more frequent turning than is required by law.
Nursing home neglect is a very serious problem, and can often be a little harder to recognize than nursing home abuse. Neglect can lead to death via these bed sores, slow starvation, or dehydration. It is not necessary to wait until bed sores are out of control and obviously remarkably painful to report the facility for neglect. In fact, doing so is a form of nursing home neglect as well.
The initial onset of a bed sore should be dealt with immediately, and if it is not handled to the very highest of your expectations, this is blatant nursing home neglect and should be reported immediately. Patients in nursing homes are virtually helpless to reach out beyond the walls of those who care for them to report neglect on their own. It is vital that those who can not speak for themselves have an advocate that is willing to risk a moment of discomfort to help keep them safe.
Nursing homes are not always easy to deal with when it comes to issues such as neglect or abuse. Those who are typically involved in the abuse are usually tired and callous and may not even readily recognize their own behavior as a form of nursing home neglect. There is always a convenient explanation on hand to explain away your concerns. Explanations pale in comparison to immediate and swift action.
The victims of nursing home neglect are not always forthcoming about the abuse they suffer. Why would they be? If a report of abuse or neglect is ignored or leads to an investigation with no action, the have no recourse for keeping themselves safe. Where are they supposed to turn?
Reporting neglect can be as simple as placing a phone call, however, many people choose to consult with a nursing home abuse and nursing home neglect lawyer in order to deal with the circumstances surrounding the alleged neglect in the most effective and safest method. A qualified lawyer can often give sound advice for dealing with the nursing home staff regarding the abuse and help in filing of any paperwork to ensure that legal action can be taken should the neglect allegation become proven via an investigation.
Never wait to report nursing home neglect. It is imperative both for the purposes of a lawsuit and the safety and health of the victim that the suspected neglect is reported immediately.
Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Fen-Phen and PPH, Paxil, Mesothelioma and Nursing Home Abuse. Call 1-888-311-5522 today or visit http://www.johnsonlawgroup.com for a free case evaluation.
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How to Select a Nursing Home
The decision to place a loved one in a nursing home is one of the most difficult tasks a family member ever faces. Prospective residents and their families should have the best information possible to make this decision. The purpose of this article is to help guide you in making an informed choice.
CONDUCT YOUR OWN INVESTIGATION
Once it is certain that nursing home care is necessary, determine which qualities of a nursing home are most important for meeting the needs and expectations of the resident. Each nursing home in your area will have unique strengths and weaknesses. Some issues to consider when evaluating your choices include quality of care, bed availability, provision of services that the resident will need, cost, quality, and location in an area where friends and family of the resident can visit often. It is critically important that you visit any facility on your list. Speak with other residents and families. Take a look at staffing levels on weekends or evenings – all of these first-hand observations are critically important. We have attached to this article a rating guide or checklist for your use as you survey each nursing home facility.
Look to the Experts:
Long Term Care Ombudsmen and Citizen Advocacy Groups
A state or local Ombudsman and/or citizen advocacy group can assist you in piecing together the different sources of information to make an informed decision about nursing home care. To find your Long-Term Care Ombudsman, go to the National Citizens Coalition for Nursing Home Reform (NCCNHR) website at www.nursinghomeaction.org and click on the button labeled “Ombudsmen.”
An Ombudsman:
Educates consumers and long term care providers about residents’ rights and good care practices
Provides information to the public on nursing homes and other long term care facilities and services, residents’ rights, and legislative and policy issues
Investigates complaints and advocates for residents’ rights and quality care in nursing homes, personal care, residential care and other long term care facilities
Will be familiar with the homes in your area and often with the staff and residents who reside in them.
The Ombudsman can help you find and interpret information from state inspection reports (discussed below) and the resident characteristics or quality measures.
Many states and/or communities have active Citizen Advocacy Groups that are knowledgeable about nursing homes and can be very helpful in evaluating advice and information you receive. To find a local citizen advocacy group go to the NCCNHR website at www.nursinghomeaction.org and click on the button labeled “Citizen Groups.”
Nursing Home Compare Website
Nursing home data is provided by the federal government through the Nursing Home Compare web site found at: www.medicare.gov/NHCompare/home.asp. On this site, you can search for nursing homes by state, county, city, or zip code. Once you have selected the nursing facility or facilities, you are given the option of viewing several different types of information including facility inspection, staffing level, and quality measure information. Below are consumer tips on how – and how not – to use each of these sources of information.
Staffing Information
The Nursing Home Compare web site also provides information about the hours of nursing care provided at each facility. Staffing levels are a critically important factor to consider in evaluating the quality of care given at a facility. The information provided on nurse staffing levels includes national and state staffing averages, and the daily average for individual nursing homes.
Tips:
Pay attention to the number of Certified Nursing Assistant (CNA) staffing hours. CNAs provide 90% of the hands-on resident care.
Visit the facility and ask staff and families about the actual numbers of staff available to directly care for residents on each shift.
State Nursing Home Inspection Reports
Every state has an agency responsible for the regular inspection of its nursing homes. State inspection or “survey” reports contain information about any deficiencies found when inspectors complete their annual inspection of the facility. Inspections take place at least every 9 to 15 months. You can also obtain state inspection reports from the state survey agency, the facility itself, or the long-term care ombudsman. Each facility is required by law to make the latest state inspection report available for examination in a place readily accessible to residents. To look at a summary of state inspection information on ‘Nursing Home Compare’, click on the tab labeled “Inspections.” You may obtain a copy of the inspection reports in Virginia by contacting the Center for Quality Health Care Services and Consumer Protection, 3600 West Broad Street, Suite 216, Richmond, VA 23230-4920.
Cautions:
Beware of choosing a facility with a very high number of deficiencies compared to other facilities in the area and the state average.
Don’t assume that a “deficiency free” rating necessarily means that there are no problems with care at a particular facility.
Family Involvement
Once your loved one is living in a facility, your continued care, support, love, and involvement in his or her life are absolutely key to getting good care there. Make sure you:
Visit frequently and encourage others to visit;
Speak up to raise concerns and compliments;
Participate in family council meetings if a family council exists, or seek out other family members to organize one;
Attend quarterly care plan conferences and advocate for individualized care;
Get to know the staff and help them get to know the resident. Share details about the resident’s likes, dislikes, and daily routines;
Follow up on the agreed upon care plan. Make sure the resident’s doctor knows what is in the plan. Notice if the plan is not being followed and request another meeting if necessary;
Make contact with your community’s long term care ombudsman, any local citizen advocacy groups and become familiar with the state and federal laws and regulations that apply to nursing homes and;
Document (date, time, persons involved) any problems you might observe so that managers, the ombudsman, or state survey agency can investigate.
T. Daniel Frith, III is an attorney with Frith Law Firm in Roanoke, Virginia. He concentrates his practice on medical malpractice, nursing home abuse, nursing home neglect, lead paint poisoning, and business torts. You may view his complete profile at http://www.frithlawfirm.com/frith.htm and the firm’s home page http://www.frithlawfirm.com
Find More Nursing Homes Articles
A skilled nursing home is a medical facility providing services similar to a hospital. The homes are staffed with licensed nurses, shared rooms, hospital beds, regular scheduled doctor rounds, meals and housekeeping. Skilled nursing homes often provide a more pleasant setting with optimal nurse to patient ratios and relaxed atmospheres.
Skilled nursing homes provide both long-term and short-term care solutions for seniors. Unlike Assisted Living or Board and Care homes, skilled nursing homes provide solutions for patients with complex medical issues that require 24-hour supervision. These issues can include mental issues such as dementia and physical issues such as major infections, wound care, IV therapy, tube feeding and physical/occupational therapy. Skilled nursing facilities are also a common solution for seniors that are unable to care for themselves on daily basis such as those suffering from Alzheimer’s and Parkinson’s disease.
A skilled nursing home typically provides a team approach when providing medical care to patients. A licensed individual, usually called the "administrator", oversees the departments comprising the skilled nursing home. A licensed Director of Nursing ["D.O.N."] is then responsible for the administration of each department providing care to residents. Each D.O.N. is directly involved in the medical care of each patient. Their duties include overseeing nurses, interacting with physicians and resolving any patient-related issues. In essence, the D.O.N. is the person overseeing the day-to-day medical care of the patient.
In addition to the Director of Nursing, a skilled nursing home will customarily have other professionals on staff to assist patients. A med nurse is always assigned for the sole purpose of administering medications prescribed for the patients. Physical and occupational therapists also work within the structure of care, coordinating specifically ordered therapies and reporting progress to doctors. An activities director is in charge of all social interaction and planned activities. Finally, a social worker is typically on staff to assist patients with emotional issues and arrangements for their care after discharge.
Alex Jensen is with http://www.careplacement.com – a free placement service for Southern California. Care Placement’s staff can review your care requirements to determine whether skilled nursing care, assisted living facilities or board and care homes are a viable option for seniors.
Skilled Nursing Homes – What Are They?
Florida Nursing Home Abuse Court Cases Growing Because of Ambitious Lawyers
Florida and Texas have the most nursing home abuse lawsuits in the country, which is why you’ll see advertisements for many Florida nursing home abuse lawyer all over billboards, park benches and buses. Lawyers specializing in nursing home abuse are on the rise, but so are lawsuits.
And while this may seem like a case of overly aggressive or egregious litigation, it’s also made a tremendous difference in the quality of care in states like Florida. This is a state that once saw thousands of abuse cases reported to its Elder Abuse network and has recently seen a massive improvement in overall nursing home care across the state.
So, why are the number of lawsuits still going up?
Until changes are made to the laws in Florida, the number of abuse, negligence and accident lawsuits filed on nursing homes will continue to rise. As a result, nursing home operators and workers must be extra diligent to avoid any form of potential lawsuit. To do so, they’re making significant improvements.
However, if homes are improving then why are lawsuits being filed? They are still increasing annually because state law allows a Florida nursing home abuse lawyer to file for legal fees to be awarded should a nursing home or facility be found negligent or in violation of senior’s rights. As a result, the state has created a community of aggressive litigators.
And though these laws were passed with the best intentions as a way to protect seniors and ensure they receive proper representation, they have been distorted by several lawyers who profit from what is now an industry. As you walk down the streets of Tampa Bay, which are flooded for ads for attorneys to represent you in nursing home cases, you can see that there is clearly a dollar to be made.
What is the financial impact on nursing homes?
As the number of lawsuits increase, so does the cost of insurance and legal fees for nursing homes. This can put a nursing home in financial jeopardy or in a position where they are unable to obtain the insurance coverage they need to operate.
What does all this mean for nursing home residents?
As insurance and litigation costs rise for Florida nursing homes, those costs are then passed on to residents and their families. Whether it’s in the form of higher per diems or initiation fees, the added expenses fall on the shoulders of residents and their loved ones.
What is the importance of Chapter 400?
Chapter 400 is a Florida statute designed and written to protect the residents of retirement and nursing homes. It’s essentially a clear list that safeguards a resident’s rights such as financial rights, civil rights, religious rights and privacy rights along with freedom from abuse and other personal infringements.
Chapter 400 is a necessary statute that’s critical to the state’s protection of elderly residents. It ought to be read routinely by nursing home operators, workers and yes, even every Florida nursing home abuse lawyer.
For great information on senior retirement preparation, please visit seniorretiretips.com, a popular site providing insights to help prepare for the next steps in your life journey, including Roth IRA rules, retirement savings calculators, and many more!
Nursing Home Abuse and Neglect in the News
Of the estimated 17,000 nursing homes in the United States, thousands of those provide excellent, high quality care for aging adults. Sadly, studies have shown that as many as 30% of these nursing homes have received violations that could harm or ultimately take the life of their residents. Many instances of nursing home abuse and neglect go unreported, but more and more people who have watched their loved ones suffer due to nursing home negligence are fighting back and winning.
Negligent Care in a Texas Nursing Home
The family of a 94-year-old woman who was a resident at Green Acres Parkdale Nursing Home filed a lawsuit against the nursing home stating that her legs were amputated because of negligent care. The woman had been a resident of Green Acres Parkdale since 1995 and suffered a fractured hip after falling in 2003. While at the local hospital, she developed bed sores and blisters on her leg and heels.
When the woman was returned to Green Acres Parkdale with the bed sores and blisters, the nursing home staff neglected to properly monitor and treat her condition and prevent infection. The family routinely requested that the staff reposition the woman, treat the wounds and apply new bandages. The unfortunate solution to the woman’s medical condition and weakening immune system was double leg amputation below the knees.
The case was brought to trial and on Feb. 4, 2008 the family was awarded 0,000 in damages.
Abuse Allegations in an Illinois Nursing Home
In 2007, the Pleasant Hill Village nursing home was fined ,000 by the state for abuse allegations against residents. The allegations stated that two nurse’s aides abused residents by sticking them with safety pins, taunted residents and removed the resident’s personal property if the residents did not behave the way they wanted. The aides were fired from the nursing home and may face criminal charges.
Rape Case in a Florida Nursing Home
In 2003, a 77-year-old female resident of Southwood Nursing Center was sexually assaulted while sleeping by another male resident of the facility. The 83-year-old man had a lengthy arrest record and had been convicted of sex crimes twice in the past. None of the other residents of the nursing home or their families were informed about the resident’s past. The nursing home made no effort to protect the other residents from this potentially dangerous resident. The family sued and was awarded 0,000 in damages.
It is important to watch for any signs of abuse or neglect of loved ones in a nursing home facility. Often residents are incapable or afraid to alert family members of any wrongdoing. All nursing home residents’ basic rights are protected on a state and federal level, and those responsible for negligence should be held accountable. If you feel your loved one has been a victim of nursing home abuse or neglect, contact an attorney before the statute of limitations runs out.
Please contact the experienced nursing home neglect attorneys of Snyder & Wenner, P.C. in Phoenix, Arizona for an initial free case evaluation.
FEDS’ WEBSITE LISTS BEST, WORST U. S. NURSING HOMES
The Centers for Medicare and Medicaid Services (CMS), a federal agency that is part of the U. S. Department of Health and Human Services, annually ranks the 15,000-plus <a title=Nursing homes at Great Places! rel=”nofollow” onclick=”javascript:pageTracker._trackPageview(‘/outgoing/article_exit_link’);” href=http://www.greatplacesinc.com/features/NursingHomes.aspx>nursing homes</a> that participate in Medicare or Medicaid programs. Last December, the agency released its first quality ratings for these facilities.
The Center uses a star rating system, from a low of one star to a high of five. The ratings, based on health inspection surveys, staffing data and quality of care measures, are available at http://www.medicare.gov/NHCompare.com. The website provides easy access to essential information for anyone evaluating <a title=Nursing homes at Great Places! rel=”nofollow” onclick=”javascript:pageTracker._trackPageview(‘/outgoing/article_exit_link’);” href=http://www.greatplacesinc.com/features/NursingHomes.aspx>nursing homes</a> in a particular geographic area. According to the CMS Acting Administrator Kerry Weems, “Our goal in developing this unprecedented quality rating system is to provide families a straightforward assessment of nursing home quality, with meaningful distinctions between high and low performing homes. The new information will also help consumers and families identify important questions to ask nursing homes and challenge nursing homes to improve their quality of care.”
The rating system is based on a nursing home’s performance in the following critical areas:
§ Health inspection surveys. State and federal surveyors perform annual assessments of each facility’s healthcare services and measure its compliance with local and federal rules. The survey is intended to protect residents’ health and safety.
§
§ Quality measures. This category uses 10 key measures to examine the quality of a facility, including percentages of residents who have pressure ulcers (i.e., bedsores) after their first 90 days in the facility; the numbers of residents whose mobility worsened after admissions; and the receipt of proper medical care by the population.
§
§ Staffing information. This category calculates the number of hours of nursing and other staff care per patient per day, adjusted to account for the particular needs of residents (e.g., illness levels, services required.) This measurement is considered to be particularly important, because the more professional attention is paid to nursing home residents, the more likely it is that the resident is receiving appropriate care.
§
The product of the system is a quality rating for a nursing home’s performance according to these measures, coupled with a composite score. A one-star rating means that the facility is “much below average,” while two stars represent “below average” performance. Three stars? “Average.” Four stars means “above average,” and five, the highest rating, means “much above average.”
The new system has gotten high praise from Senator Herb Kohl, Democrat from Wisconsin, who’s chairman of the Senate Special Committee on Aging. “With this new rating system, CMS is improving the ability of consumers to readily obtain critical information which should be used in conjunction with in-person visits to a facility.” He added, “Transparency is key when it comes to nursing home quality. I commend Acting Administrator Weems and, as always, appreciate the opportunity to work together to improve our nation’s nursing homes.”
“Choosing a nursing home or community-based care is one of the most difficult and sometimes confusing decisions families have to make,” noted Thomas Hamilton, director of the CMS group that designed the new system. “The new website improvements also include links to information for community-based alternatives to nursing homes that may be of great interest to families. Regardless of the type of support a family chooses,” he said, “It is vital that families and caregivers use the Web site as just one of many important sources of information they should consult. Families should also consult with their physician, talk to the state’s nursing home ombudsman or the state’s survey and certification office and, most importantly, visit the nursing home or community-based program for themselves.”
The first round of ratings found about 12 percent of the nation’s nursing homes deserved the five-star rating, while a disturbing 22 percent received only one star. Ratings for the other approximately two-thirds of the nursing homes were distributed fairly evenly among the two, three and four star rankings.
U. S. News rolled up the data to produce listings of the best (http://health.usnews.com/sections/health/best-nursing-homes/index.html) and worst (http://health.usnews.com/articles/health/best-nursing-homes/2009/03/11/10-worst-states-for-top-nursing-homes.html) nursing homes, concluding that the 10 states that have the lowest percentage of top-rated homes are Louisiana, which has only nine five-star homes, slightly more than three percent of the 284 facilities in that state. Georgia, with 6.2 percent of its facilities rated tops, was second, followed by Oklahoma (7.1 percent); Tennessee (7.3 percent); West Virginia (7.7 percent); Kentucky (8.7 percent); Indiana (8.9 percent); Missouri (9.1 percent); Texas (9.3 percent); and Ohio and Utah, tied for tenth place, with 9.9 percent of five-star rated facilities.
About the author: Laurence Harmon is a principal of Great Places. For more information regarding nursing homes, visit Great Places.
Saving Your Family from Nursing Home Neglect
When our oldest relatives start to pass beyond their golden years and into a time when they need extensive care, sometimes the kindest thing that we think we can do for them is to put them in a situation where they will be cared for by a staff of professional nurses at all times. In some cases, however, this well intentioned act takes a deadly turn as nursing homes neglect and sometimes outright abuse patients.
Elder abuse and nursing home abuse are not isolated or rare phenomena. Like the shaking of babies when children cry for reasons that an overly stressed parent cannot fathom, the constant needs of the elderly can cause over worked nurses to snap. No one sets out to work in a nursing home just to abuse people, but stress and a difficult job can combine to set terrible acts in motion.
The problem with nursing homes is that they are often understaffed, with too few nurses to care for the patients. Call buttons might be ignored for quite a while as these overworked nurses rush from patient to patient just trying to get everyone’s most basic care finished with before they respond to calls. Some nursing home patients might wait hours for just a drink of water, especially if they make frequent requests like this, and might end up with bed sores from nurses without the time to turn patients regularly.
With horror stories like these, and worse stories about nurses disabling the call buttons of residents who are very needy or even patients falling out of their beds and breaking bones, you might think that you should spring for the extra money for some kind of in home care. Do not think that elder abuse happens just in professional facilities. With no one to watch them and no consequences for giving poor care, in home nursing care can be just as bad for a stressed out nurse and her patient as nursing home care can be.
The question becomes how to protect our loved ones from nursing home abuse and neglect and help them to get the best care possible. The answer is to check in often with your nursing home. While searching, keep a few things in mind for your visits, and never place an elderly relative in a nursing home that you have not paid at least one visit to in order to check things out with your own eyes.
Drop in on a few of the patients and talk to them. The more coherent ones will be able to tell you how they like living in the nursing home, and how well they are cared for. They will be grateful for the visitation, and you will be able to get a good idea of how the nursing home is run. Also talk to the people in charge to find out how many nurses are scheduled during all hours. There should not be more than a couple of patients per nurse at any time, even if this does get expensive for the facility. That standard of care is what you should be paying for.
Talk to the nurses, too, and ask them if there have been any incidents, and whether they feel that they are short staffed or well covered. You will find that many of them will be open and honest with you about staffing issues or other problems that you might not have heard about elsewhere. When you are through talking to the nurses, go to the police. Ask them if they have gotten any calls to the nursing home, and check with the hospital to see if they can tell you whether they have had to take a lot of the nursing home patients in for things like broken hips or infected bed sores.
Once you feel that you have a clear picture of a good home, help ensure that it stays that way for your loved ones. Call often to check on them, and visit them often as well. The more that the nurses see that the family is involved, the more they will see your loved one as someone worthy of care rather than just another job to be done.
You want to be able to see your family members often to make sure that they are doing well in the nursing home and that they have no complaints. Even small things should be taken seriously to prevent nursing home abuse or neglect.
Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Nursing Home Abuse, Nursing Home Neglect and Negligence. Visit http://www.topnursinghomelawyers.com or call 1-888-311-5522
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