The government enacted several stringent laws in the 1980s to address the growing issue of nursing home abuse.
These laws known as the Nursing Home Reform Act of 1987set minimum standards of care and quality of life that must be maintained in order to operate a nursing home, and set guidelines for legal action if these standards are not met.
According to the Nursing Home Reform Act of 1987, all residents in nursing homes are entitled to receive quality care and live in an environment that improves or maintains the quality of their physical and mental health. This entitlement includes freedom from neglect, abuse, and misappropriation of funds. Neglect and abuse are criminal acts whether they occur inside or outside a nursing home. Residents do not surrender their rights to protection from criminal acts when they enter a facility.
If your loved one is a victim of nursing home abuse of any kind, you need to take immediate legal action. Nursing home abuse is real and causes the suffering of millions of innocent, defenseless elderly people each year. Stand up for someone you care about and contact a lawyer today.
As the population of the United States continues to age, nursing homes and similar facilities will need to expand to cope with more patients.
Regulators Finally Getting Tough with Nursing Homes – But is it Enough?
Nursing home abuse has been a growing problem for several years now, and as the population that will need ongoing care grows at a rapid rate, it’s a problem that could only get worse. As a result, the government has taken some steps to deal with nursing homes and hold them accountable, but until recently, the public wasn’t allowed to see a large portion of this information.
Specifically, the CMS, which stands for Centers for Medicare and Medicaid Services, had put together a list of nursing homes around the country that warranted the status of “special focus facility” after inspections by safety officials. Generally, a nursing home would show 5-7 violations, but those that earned the higher scrutiny showed at least twice that many.
The problem in regards to the public was that the CMS for years strongly resisted the publishing of this list of special focus facilities, and even released only a partial list in November of 2007. Finally, in recent days and after dealing with enormous pressure from several sources, CMS has relented and published the full list of 131 facilities that have earned this designation.
People need to be aware of the facilities they may be considering for their loved ones, and the list is an essential place to start. If you or someone you love has suffered as a result of some form of nursing home abuse, though, you should not hesitate – act now. Contact a nursing home abuse attorney as soon as possible to schedule an initial consultation, as your loved one needs you to defend his or her rights.
The list of poorly performing nursing homes can be downloaded here: http://www.cms.hhs.gov/CertificationandComplianc/Downloads/SFFList.pdf
In 1997 there were 1.5 million people age 65 and over living in nursing homes, and if this trend continues there will be 3 million people seeking nursing home care in 2030.
Furthermore the federal government's General Accounting Office (GAO) speculates that 43% of all people will eventually need some form of nursing care at one point in their lives. Hopefully these people will find responsible, caring, and compassionate nursing homes for the care they need.
Tragically, nursing home abuse of the elderly is one of the most widespread but underreported crimes in America today. A study conducted by the Special Investigations Division of the House Government Reform Committee of Congress discovered that 30% of 5,283 nursing homes in the country were cited for almost 9,000 instances of abuse between 1999 and 2001. The people who live in these homes are often vulnerable to abuse of all kinds, ranging from physical violence to improper use of the victim's finances. Nursing homes are often run as for profit businesses, which can lead the owners, operators, and staff to treat their patients as commodities and liabilities rather than individual people who deserve respect and loving treatment. We can help you anwser the question of "Do I have a nursing home abuse case?"
Elder Abuse and it's effects.
Few things turn the stomach of an average person as they who take advantage of those in their charge. The unfortunate reality is that many elders and the eldery will fall victim to the abusive hands of those who are supposed to care for them in this time of great need. While reprehensible and despicable, more and more elderly people face this situation every day, often with no ability to escape the endless cycle of abuse and mistreatment.
Occasionally the television media will popularize a story about conditions in a local home, or a newspaper article will feature the sub-standard conditions of a care facility, but these tales are often forgotten as soon as they surface.
If the situation is serious, threatening, or dangerous call 911 or the local police for immediate help.
Information and referral is also available from the national Eldercare Locator, a public service of the U.S. Administration on Aging. Call toll-free 1-800-677-1116. This number is available from Monday through Friday 9 AM-8 PM (except U.S. federal holidays).
The following law firms represent the finest in helping victims of nursing home or elder abuse in their state. If your state is not listed we can still help you find a qualified lawyer. Contact us today, we're here to help.

The McNulty Law Firm | Campbell, Waller & Poer, L.L.C.
Nevada
The Bertram Law Office
Missouri & Colorado
Burke, Harvey & Frankowski, LLC
Georgia & Tennessee
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