Health Care and Nursing Home Abuse
According to a recent federal report from the General Accounting Office (GAO), about 20 percent of the nation’s 17,000 nursing homes have been cited for violations that put their elderly and sick residents at great risk for physical injury or even death.
In Mississippi those figures are even worse. U. S. Representative Bennie G. Thompson released a Congressional Report on the conditions of nursing homes in his Second District. That report was based on analysis of state inspections conducted at nursing homes in his District between August, 2001 and October, 2002 and on investigations of specific nursing home complaints during that same period. It covered 43 nursing homes in his area serving more than 3,000 residents. 39 of the 43, (or 91 percent), were found to be in violation of federal law. 13 (about 1/3) had violations that actually caused harm to a resident or placed them at risk of death or serious injury, including such violations as; failing to provide adequate medical care; failing to protect from falls; failing to protect residents from sexual abuse by staff; and failure to properly treat pressure sores (Decubitus ulcers) .
With all that said, you should know that the powerful nursing home industry and its lobby is working around the clock nationwide for damage caps in all nursing home claims. Not only do they want non-economic damage awards caped, but also, we are seeing attempts to raise the bar on punitive damages awards; restrictions on the use of nursing home inspection records or other evidence potentially detrimental to the nursing homes.
If your family member is injured or killed by a nursing home’s negligence, would you want your right to sue for just compensation limited? Remember the next time you are asked to vote for tort reform, such laws take away one of our most fundamental basic rights -- the right of trial by jury.
If you, a loved one, or someone you know has suffered serious injury or a sudden death, while under the care of a suspect facility, please fill out and submit our online form. You may then also call us toll free or e-mail us for a personal consultation and evaluation of your case (see Contacts):
