nursing home abuse

The nursing home industry recently celebrated a triumph in a long term battle to scale back fines and regulations, regulations that were put in place to protect residents from abuse and neglect. The Trump administration has agreed to shift Medicare’s penalty protocols by discouraging inspectors to impose fines on nursing homes in violation of federal regulation.

Fine issued to Buffalo nursing home

In August, 2016 an 82 year old woman residing at Emerald South Nursing and Rehabilitation Center was brutally attacked by a male patient with a history of violent tendencies. Tragically the elderly woman died as a result of her injuries. 

Evidence from multiple investigations revealed the nursing home was aware of the male patient’s violent tendencies.  Had either patient received proper monitoring, it is likely the attack could have been prevented. 

Nursing home wrongful death

Generally, a wrongful death occurs when a person dies as a result of the negligent conduct of another. Wrongful death in nursing homes usually occurs due to abuse or neglect, as well as other elderly care misconduct situations. A majority of wrongful death claims which are filed involve nursing home abuse and neglect.

Causes of wrongful death in nursing homes

Wrongful death in nursing homes may occur due to the following:

Nursing home residents face abuse

On August 5th the Centers for Medicare & Medicaid Services released a troubling memo to state agencies responsible for inspecting nursing homes. The memo instructed each facility to introduce a written policy prohibiting staff from taking or using photos/recordings of residents in any way that could exploit residents (including the usage of cameras, smartphones or other devices and the storage or placement of content on social media).