A recent article in the California Watch blog raises a very important issue. Why is nursing home abuse treated as a "personnel issue" instead of a crime? This is a valid question. If someone on the street punched an elderly, disabled person on the mouth -- or any person for that matter -- wouldn't we call the cops on the person? That individual will very likely face assault and battery charges. However, when the same thing happens behind the closed doors of the nursing home, no one seems to be in a rush to call 911.
Laws Require Prompt Reporting of Abuse
The blog states that nursing home employees are required by state laws to report abuse to authorities. But that does not always happen. A recent report on this important issue was released by Disability Rights California, a nonprofit advocacy group, titled "Victimized Twice: Abuse of nursing home residents, No criminal accountability for perpetrators." The title says it all. Nursing home employees could punch or verbally abuse their residents with seeming impunity. In most cases, they just get away with a slap on the wrist or in worst cases, they could lose their jobs.
The problem, the study says, is with the process that is used to report these abuse incidents. Although state officials provide mandatory training to employees educating them about their duty to report abuse to authorities, the facility's administrators give their employees a contradictory instruction. They tell their employees to come to them first. So, in the end, it is the administrator who makes the decision whether the incident merits reporting to authorities. Abuse is treated as an "administrative matter" rather than as a criminal matter.
Lack of Accountability
When a nursing facility waits to conduct an internal investigation before reporting to authorities, the case suffers because a lot of physical evidence is lost by then. It becomes too late to get evidence or build a strong case that can be proven in court. Here, the laws are in place and they are strong. However, there is "insufficient statewide leadership" to make sure that the laws that are in place are strictly followed.
It is heartbreaking to see examples of the multiple physical abuse cases in nursing homes where employees even drew blood with the blows they dealt to their patients. But even that did not merit a police report! Punching, kicking, hitting or slapping any human being are unlawful acts in a civilized society. This is an issue of human dignity and personal safety, both of which are under attack in our nursing homes today.
Victims and their families have civil remedies for any abuse or personal injuries suffered in nursing homes. However, these violators should be held criminally responsible as well. They are certainly not above the law.
Do you personally know of incidents of physical abuse in nursing homes? Please share your experiences with us.
The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.
SLS Consulting
John Mininno, Esq. said:
It is important to make a good number of visits to loved ones in long term care facilities. Unscheduled and unannounced visits are the best ones to make. That way, we can catch facility staff in the act of abuse, and report it ourselves.
John Mininno, Esq. said:
I am currently publishing a blog on the 10 worst nursing homes in the region in New Jersey where I am located. You can read it here