You may have come across articles describing common nursing home problems, or you or a loved one have even experienced them yourself. Unfortunately, nursing homes are notorious for being unpleasant places, and in many cases where abuse or neglect is claimed, it’s very much the truth.
Settlement involving nursing home bed sore and infection death.
Jury verdict after trial involving allegations of nursing home abuse and neglect, in which victim suffered sepsis and severe malnutrition and dehydration. (Oklahoma)
Settlement involving nursing home fall.
Texas recently ranked at the bottom of a Care.com survey of nursing homes in America’s 50 states and the District of Columbia. Its 51st-place position resulted from a score of 2.68 on a five-point scale. The federal government has also given more than half of Texas nursing homes the lowest rating.
So, what are some of the problems impacting nursing homes and their residents in Texas and the rest of the United States?
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Evictions and Rejections
Nursing homes can reject or evict patients for various reasons, including inability to pay or aggressive behavior. However, some nursing homes have been accused of illegally evicting patients when their Medicare coverage has run out, forcing them to pay out of pocket or be transferred to a cheaper facility. Reviewing residential rights for nursing homes can help you understand what actions you can to take against establishments who are trying to unlawfully evict or reject a resident.
Understaffing
Nursing homes in Texas have a higher patient-to-staff ratio than other nursing homes. This can result in fewer people assisting with proper care, such as bathing or feeding residents. As a result, poor hygiene and inadequate movement occur and are high-risk factors for developing everything from bedsores to depression.
Inadequate Care Criteria
States often put daily minimum care hours in place to ensure patients receive adequate attention for maintaining a quality standard of living. However, Texas does not have any laws in place regarding daily minimum care hours. This can translate to patients waiting longer for food, medication, or assistance getting into wheelchairs and moving around. It only makes sense that this neglect results in a lower standard of living for nursing home residents in the state.
Unfortunately, Texas and other states can get away with not providing a daily minimum standard of care because the federal government does not have any regulations requiring them to do so. However, The Centers for Medicare & Medicaid Services (CMS) does require nursing homes does require nursing homes to participate in Medicare and Medicaid programs, along with ensuring there is an adequate number of staff to meet the needs of the residents, including Rn’s, LVN’s, and CAN’s, among others. This can vary from one establishment to another based on factors such as number of residents, acuity levels, and the type of care provided.
Abuse
Abuse can range from physical to emotional and even financial. Staff members may become frustrated or agitated due to the high patient workload and take it out on residents. In other cases, staff members may exploit elderly residents for their own personal gain. There have been several instances of severe abuse cases in Texas, some resulting in sexual assault and even murder.
Sadly, many instances of abuse in nursing home facilities go underreported or covered up. Oftentimes, residents can’t tell others what’s been happening due to their own health disadvantages or threats made by the abuser. If they do speak up their grievances are minimized or overlooked, or they simply aren’t believed.
Unauthorized Discontinuation of Therapy
Therapy is essential to nursing home care, helping patients maintain their physical and mental health and wellbeing. However, the nursing home might discontinue treatment without consulting family members. This can result in a decline in the patient’s overall well-being and quality of life. The nursing home may claim the patient plateaued or that Medicare did not foot the bill.
Unfortunately, nursing homes can discontinue therapy without your consent if they can prove they have a valid reason. However, they are still required to inform the resident and/or the legal guardian. If therapy has been discontinued without valid cause, legal action can be taken.
Contact Crowe Arnold & Majors for Help
Nursing homes often go to extreme lengths to cover their tracks and deny services or care. Some of these reasons may seem legitimate initially, so having someone on your side who knows the law inside and out can make all the difference. That’s where our nursing home abuse lawyer can help.
Our legal team has extensive experience in nursing home abuse cases and can determine whether the nursing home has a valid reason for its decisions. We also handle cases of physical injury, abuse, and other adverse incidents.
Schedule an appointment for a case review. You can also find answers to common nursing home abuse FAQs on our website.
