Blog

Congressional Report Cites Thousands of Cases of Elder Abuse

By Peter Levine posted in Law on August 20th, 2013

The widespread problem of elder abuse has even come to the attention of Congress. Reported instances of abuse appear to be on the rise. The percentage of nursing homes cited for violations has increased every year since 1996, according to the House Government Reform Committee. Serious physical, sexual and verbal abuse reports are “numerous” among the nation’s nursing homes, says a congressional study released recently.

The study, prepared by the minority (Democratic and Independent) staff of the Special Investigations Division of the House Government Reform Committee, finds that 30 percent of nursing homes in the United States — 5,283 facilities — were cited for almost 9,000 instances of abuse over a recent two-year period, from January 1999 to January 2001.

Common problems included untreated bedsores, inadequate medical care, malnutrition, dehydration, preventable accidents, and inadequate sanitation and hygiene, the report said.

Many of the abuse violations caused harm to the residents, the report said.

In 1,601 cases, the abuse violations were serious enough “to cause actual harm to residents or to place the residents in immediate jeopardy of death or serious injury,” it said.

“What we have found is shocking,” says Rep. Henry Waxman, D-Calif., the committee’s minority leader, who instructed the staff to do the study.

Staff members accused of committing physical or sexual abuse

In some reported cases, a member of the nursing home’s staff was accused of committing physical or sexual abuse. In others, staff were cited for failing to protect people from abuse by other residents.

The report documents instances of residents being punched, slapped, choked or kicked by staff members or other residents, causing injuries such as fractured bones or lacerations.

Some of the violations uncovered are particularly disturbing. In one case, according to the report, an attendant walked into a resident’s room, said “I’m tired of your ass,” and hit her in the face, breaking her nose.

In another case, attendants bribed a brain-damaged patient with cigarettes to attack another resident, then watched the two fight. The report also described a case in which a male attendant molested an elderly female resident while bathing her.

The federal government is the biggest contributor of nursing home care

The homes cited by the study for instances of abuse accommodate some 550,000 residents. Nationwide, some 1.6 million people reside in 17,000 nursing homes and 11,000 of them are for-profit businesses.

The federal government is the biggest contributor of nursing home care, mostly through Medicaid, a joint federal-state health care program for the poor, and Medicare, the federal program for elderly and disabled people. Federal heath and safety standards are designed to protect nursing home residents from abuse.

Elder Abuse Lawyer Los Angeles – Peter K. Levine

Source: abcnews.go.com “Congressional Report Cites Thousands of Cases of Elder Abuse,” 30 July 2013

Discrimination lawsuit filed against California nursing facility

By Peter K. Levine posted in Discrimination on August 16th, 2013

A former kitchen worker at a California nursing facility has filed a lawsuit against her former employer claiming that Manor Care and its owners and operators failed to look into her complaints of race discrimination and sexual harassment, and even went as far as to encourage the degrading work environment. The woman also claims that other female workers were also forced to work in the hostile and offensive work environment.

According to the lawsuit, the former kitchen worker was employed by Manor Care in California from 1999 to 2010. During that time she was frequently harassed because she is Asian, and the kitchen manager supposedly allowed other male staff to sexually demean the female employees.

In addition she claims that at some points she was physically assaulted by other co-workers kicking food carts into her, and that some co-workers even went as far as to throw food at her. Other co-workers also supposedly degraded the woman with racial and ethnic slurs.

The lawsuit claims that the former employee did not speak up sooner about the discrimination and harassment because she was afraid of retaliation, but when her daughter did send an email to Manor Care complaining about the way her mother was being treated at work, the nursing facility retaliated by having the former employee work an extra two hours per week.

The lawsuit goes on to say that in August of 2010, the former employee ended up suffering from a panic attack while at work, but that Manor Care failed to provide any medical attention to her. A week later the women ended up resigning from the job she had for 11 years because of the working conditions she had been subjected to and the fact that the facility supposedly did nothing to deter the discrimination and harassment from happening.

The lawsuit is seeking an unspecified amount in punitive and economic damages, and claims that due to the harassment the woman suffered from anxiety, panic attacks, muscle spasms, digestive problems and depression.

Source: Reuters, “Former nursing home worker claims race, gender harassment,” Linda Coady, 9 may 2011

Let's Get Started
Schedule a Free Consultation

1+5 =

I have read and understand the disclaimer

Call Us (323) 934-1234

Office Location
Follow Phillips Lerner, A Law Corporation on Twitter Connect with Phillips Lerner, A Law Corporation on Facebook. Linked In Profile for Phillips Lerner, A Law Corporation YouTube
We provide legal services & no cost consultations to individuals in the following languages, Spanish, Chinese, Vietnamese