By Hughes & Colman Injury Lawyers

As the population in the US and the world continues to age more and more seniors will be in need of care.  Whether in home care providers, family members, or nursing homes most seniors will reach a point where it is no longer safe for them to live on their own and care for themselves.  Risk of falling and injury increases as people age.  In addition memory problems and Alzheimer’s make it difficult for some seniors to remember how to do the most basic, routine activities.  In this case a care solution is required to ensure their continued health and safety.

What if deciding to place our loved ones in a nursing home to get the proper care they need to live comfortably only puts them in more danger?  For many seniors this is not a theoretical question but a harsh reality.  Abuse in nursing homes is rampant and often times unqualified staff our hired, people are not properly trained, and at times simply do not care.  This is not saying that all nursing homes are staffed will untrained, uncaring people – in many cases the opposite is true.  Unfortunately for seniors living in a home with staff that does not care – struggling to live alone would be preferable.

It is so difficult to know exactly what is happening at nursing homes when there are not guests or inspectors around. All that families of loved ones can hope for is that the state and Federal inspections reveal any deficiencies in their reports and make sure the changes needed are made. However, when any complaints or issues are made against a facility, it needs to be made public knowledge so families are aware of the dangers to their loved ones.

Facility With Sexual Abuse Not Revealed

A case of sexual abuse in Virginia is a prime example of how important information can be kept secret from the public. In early August 2012, Envoy, a nursing home in Staunton, VA, reported to the police that an employee was allegedly sexually abusing patients. There were two accounts reported to the police.

It is an unfortunate reality that incidents of neglect are higher at nursing homes which accept Medicaid as a payment provider.  This situation has likely come about because Medicaid offers nursing homes lower reimbursement rates for Medicaid participants then they would otherwise charge individuals who private pay (except where prohibited by law).  These institutions are put in the difficult situation where they cannot afford to be as well staffed as private pay nursing homes, therefore a higher degree of neglect occurs simply due to staffing challenges.  With this in mind, we thought an examination of the sources that help pay for or actually prevent nursing placement would be of value.

Prior to doing so, it is helpful to briefly review Medicare’s policy towards paying for nursing home care.  Medicare pays the complete cost of nursing home care for 20 days only.  Following that they will pay for 80 days at 80% of the cost.  Furthermore, this benefit is reserved for individuals deemed to require nursing home care for recovery, not for chronic, long term conditions.

Medicaid, by far, shoulders the greatest percentage of the nursing home care cost burden in the United States.  For eligible individuals, Medicaid will pay the full cost of nursing home care for an indefinite period of time.  The problem with Medicaid is that it is a solution intended only for those who are impoverished.  The program has rigid financial eligibility guidelines, which although they vary by state, are approximately $2,000 in monthly income and $2,000 in countable assets.

When abuse and medical malpractice happen within any medical facility, there are legal and financial repercussions. Nursing homes are no different. Now the nursing home industry is seeking to limit punitive damages that can be awarded for malpractice, saying that the financial liability is too high.

State Governments Asked To Limit Punitive Damages

In the 2012 legislative session, Pennsylvania’s state House passed a bill to limit punitive damages for long-term care facilities. Although the bill did not yet pass the Senate, it is expected to be acted upon this fall. This is an attempt for the nursing home industry to keep their financial liability down when it comes to mistreatment of patients in their facilities. But Pennsylvania is not the only state to look at limiting financial repercussions for nursing homes. Florida’s supreme court has also been busy dealing with the nursing home industry. Even though Florida already has limits on certain punitive damages for nursing homes, some nursing homes in Florida have been seeking to reduce it even further by having patients sign agreements limiting punitive damages.  In November 2011, the Florida Supreme Court rejected the ability for nursing homes to put limits on punitive damages in arbitration agreements signed by patients and their families. The court found the limits to be in violation of Florida public policy and that they were unenforceable.

When it comes to caring for patients with dementia and Alzheimer’s, one of the most significant threats to the patient remains– themselves.  Yes, we spend a good amount of time here discussing how outside influences– poor care, mistreatment perpetuated by other residents, a medication mix-up ect. can impact the well-being of nursing home patients.  However, when it comes to patients with Alzheimer’s, the most pending threat may indeed harm inflicted upon themselves.

Generally able-bodied, Alzheimer’s patients may have the physical strength to put themselves in some especially precarious situations such as: ingesting poison, handling dangerous items, and yes– wandering away from a facility.

Unlike other nursing home patients who may require a significant amount of medical attention, Alzheimer’s patients may actually require comparatively little medical attention, however they most definitely require supervision– the primary reason that they were likely placed into the nursing home in the first place.

A nasty secret in the nursing home industry remains that a significant number of facilities have little or no liability insurance to cover situations where a patient (or visitor) suffers an injury due to neglect or abuse.  Of course, no one ever goes into a nursing home with the expectation that they may be injured or exploited, so the situation rarely comes to light until after an incident has occurred.

In cases involving patient injury and neglect, the insurance situation of the financial situation really doesn’t have any bearing on the legal rights of an injured party in terms of a monetary recovery.  However from a practical perspective, the insurance situation and corporate structure of the entity very much have an impact on the eventual recovery for an injured patient or their family.

With a maze of corporations and limited liability companies, most profits derived from the operation of a nursing home are funnelled off to companies and individuals— far away from the operation of the nursing home.  While some states do have laws that impose personal liability on nursing home owners, an endless maze business entities that legally shelter assets typically makes these causes of action practicable.

With over 5 million people suffering from Alzheimer’s in the U.S. alone, it has become a strain on the families and healthcare system that try to help the victims of this disease. Part of making their lives as stress free and comfortable as possible is giving them a familiar environment where they feel safe. Unfortunately, due to their illness, they often have to be brought to a hospital where this sense of security is quickly lost.

Effects Of Hospital Stays On Alzheimer’s Patients

States of delirium when stressed or confused can happen for many patients of Alzheimer’s. This can cause even more damage to their deteriorating condition. Emergency room visits and hospital stays can be very stressful for anyone, especially someone with occasional memory loss. Waking up in a strange bed in a strange place can cause the patient to react in a negative way, by trying to escape or acting out aggressively.