The U.S. Department of Justice is investigating complaints of nursing home abuse and substandard care at certain Northern California facilities. According to a news report in California Watch, federal officials could possibly file civil or criminal charges against nursing homes that have the most serious violations. Investigators are specifically looking into the use of psychiatric medications and substandard care or negligence that resulted in serious injuries or illness to nursing home residents. Officials are also looking at nursing homes that discharge sick patients or deny admission to patients who are returning from a hospital.
Going after Worst Violators
The investigation was partly prompted by a provision of the federal health reform signed into law by President Obama. The Elder Justice Act, which is part of the health reform law, requires federal officials to take steps to actively prevent elder abuse. Federal officials are apparently going through local elder care ombudsman offices by seeking out quality-of-care complaints. It is the job of the ombudsman offices to take such claims and investigate them. But these agencies, which work mostly with volunteers, do not have any authority to enforce the law. Federal officials say they will evaluate the complaints gathered through the ombudsman offices and prosecute violators to the fullest extent of the law.
The Problem of Nursing Home Abuse
Nursing home neglect and abuse are serious problems in the United States. According to a Government Accountability Office (GAO) report in 2002, nursing home abuse has resulted in serious injuries and deaths at several facilities across the nation. The report also revealed that facilities were late in reporting abuse incidents 50 percent of the time. In addition to emotional, physical and sexual abuse, nursing home residents are also vulnerable to neglect that can lead to serious injury or death.
A more recent issue in nursing homes is the administering of unnecessary psychiatric medication to patients. These medications are extremely harmful to the health and well-being of patients, but are still administered in some nursing homes to keep residents "quiet." Chemical restraint in nursing homes is unacceptable and facilities that resort to such inhumane and immoral methods must be held civilly and criminally liable.
I certainly hope this investigation results in the penalizing of the worse violators in California and the rest of the country. If you or a loved one has experienced or is experiencing nursing home abuse or neglect, please contact an experienced California personal injury lawyer to obtain more information about your legal rights and options.
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