A federal government audit found that Illinois leads the country in the total number of nursing home abuse cases. The report recently concluded, examined a period from 2015 to 2016 and found that of 134 cases in which hospitals are treating victims found evidence of physical or sexual abuse or neglect, 17 were from Illinois facilities. Michigan was in second place with 13, followed by Texas with 9, and California with 8. These figures are even more alarming considering that California has more than three-times and Texas more than two times the population of Illinois. Illinois both leads the country in a total number of abuse cases and the number of cases per resident.
Many Cases Go Unreported
The review was conducted by the Inspector General of the Department of Health and Human Services. The audit estimated that 1 in 4 possible cases of abuse (including sexual, physical, and neglect) go unreported to the police. The audit cited Medicare (specifically, the Centers for Medicare and Medicaid) for not enforcing the reporting requirements and warned Medicare to take corrective action immediately. In the 134 sampled cases identified by hospitals, the audit found that 38 ( 28 percent) were not reported to the police. Furthermore, of the 38 cases, 75 percent involved suspected rape or sexual abuse.
The audit also found instances in which nursing home personnel destroyed evidence. In one case, a resident was sexually assaulted by another resident and, before taking the victim to the hospital, personnel bathed and changed her clothes which likely destroyed any evidence of the crime.
Reporting is the Law
Nursing homes are required to report suspected cases of abuse to law enforcement. Nursing homes are the first, and often only entity, capable of identifying abuse and preventing it. Families are encouraged to speak with their loved ones as frequently as possible to watch for signs of abuse such as malnutrition, bed sores, and other identifying markers, however; nursing homes are in the best position to act.
Nursing home personnel are required to report incidents within two hours of the suspected event if there is a serious bodily injury or within 24-hours for less severe incidents. Moreover, Medicare is empowered to investigate and force nursing homes to comply. Nursing homes that are not compliant can be fined up to $300,000 by Medicare.
After completing law school Donald became an assistant Attorney General for 7 years and was assigned to the Industrial Commission Division. During that time he spent evenings establishing his own firm. Donald became a founding partner of a large workers’ compensation/personal injury firm but decided to leave the firm in 1990 to start a smaller “boutique” firm with the belief that bigger isn’t always better!
Related Posts
27 Nov, 2017
Mandatory Reporting Laws Could Affect Liability in Nursing Home Abuse CasesWhen certain professionals do not report the abuse of an elderly or disabled person, they may be held liable for the injuries or deaths that occur. Mandatory reporting laws impose an affirmative duty on professionals to report nursing home abuse or neglect. Whenever the law imposes a duty, everyone who is affected is required to perform that duty. If someone breaks that duty, he or she is subject to civil and criminal liability.
13 Nov, 2017
A Surprising Number of States Report the Abuse and Neglect of Older or Disabled AdultsA total of 54 out of 56 states and territories that were surveyed reported receiving nearly 1.5 million notifications of elder abuse, neglect, and mistreatment of older or disabled adults in 2016. The overwhelming number of incidents combined with the shortage of investigators has resulted in delayed response times and lengthy processing periods, with the average response time taking 4.2 days and the average investigation lasting 47 days.
25 Oct, 2017
When Investor Greed Leads to Nursing Home AbuseInsufficient funding and under-staffing, both products of investor greed, are two ingredients that result in increased rates of abuse in nursing homes. According to the AARP, over 1.3 million people live in nursing homes. Studies conducted from 2000 to present have found that the nursing home population will increase in the next few decades. In an industry that is already drastically underfunded and understaffed, this increase is alarming.