A Majority of Nursing Home Abuse Incidents Go Unreported, Study Finds
November 14th, 2009 | JohnNursing home abuse and negligence as well as other elder abuse complaints are severely underreported in California. According to a news report in The Orange County Register and also, based on recent findings from the California Senate Office of Oversight and Outcomes, serious deficiencies exist in California's approach to detecting and responding to elder abuse and neglect.
The System is Flawed
California now, has more than 9,000 nursing homes and residential care facilities for seniors and 290,000 licensed beds, the report states. There is also an estimated, 1,000 strong force of ombudsmen who were originally given the responsibility of acting as watchdogs and mediators. The ombudsmen's role was intended to provide long-term oversight by carrying out tasks such as regular spot checks of facilities and following up on complaints. One problem is that Governor Arnold Schwarzenegger sliced their budget leaving them completely shorthanded and without enough manpower to keep an eye on nursing homes and care facilities.
The other serious problem with the system is that the ombudsmen can only tell law enforcement about problems if the complaining parties agree to release their names and complaints. Now, only 25 percent agree to identify themselves in their complaints. What that means is 75 percent of the complaints would officially go unreported. These serious complaints typically range from sexual harassment and financial exploitation to physical neglect. These vulnerable seniors don't want to sign their names on complaints because they fear retaliation. It becomes even more challenging in cases where abuse is reported by staff on behalf of a resident with dementia. In such cases, the resident is unable to give informed consent.
The Elderly Need Protection Against Retaliation
There is no question that this system is completely flawed. It offers absolutely no protection to the elderly who are left without a voice. Residents, their family members or employees of a facility should be able to report negligence or abuse without fear of being exposed or retaliated against. Our senior population is growing larger each year. In 2004, 12 percent of the nation was over 65. In 2050, that number is expected to grow to 21 percent, according to the U.S. Census Bureau.
It now, seems very likely we'll be faced with a growing number of serious nursing home negligence and abuse incidents. As California personal injury attorneys who represent victims of nursing home abuse and negligence, we have seen the suffering of victims and their families first-hand. We need a system where our elderly will be protected and can be heard in these types of cases.
Dear Bisnar/Chase: Having been a police lieutenant in the States and
Lillian Jeter | November 14, 2009Dear Bisnar/Chase:
Having been a police lieutenant in the States and uncovering the first elder abuse case in South Carolina involving serious neglect in 1985 which became a precedent criminal case, I have researched, investigated, consulted on, and provided education on elder abuse cases not only in the USA but also in Australia for the past 24 years. I am also the Director of the Elder Abuse Prevention Association in Australia.
Due to a horrendous and shocking series of sexual assaults in a nursing home over a six-month period in 2005 whereby four bedridden dementia female victims were repeatedly sexually assaulted, our Association brought the matter to ABC News Lateline on 20 February 2006 for broadcast to the Australian public.
As a result the Australian Federal Government enacted the Protection Bill 2007 on 1 July 2007 which makes all residential care facility staff mandatory reporters on two forms of elder abuse: sexual assault and unreasonable use of force which includes all serious forms of physical assault as well as lesser forms.
While Australia still needs to incorporate the other forms of abuse, i.e. neglect, psychological abuse, financial exploitation into the Protection Bill, the majority of facilities have incorporated zero tolerance on all forms of abuse into their internal policies - a factor which I applaud wholeheartedly.
Those residents with dementia are the MOST mistreated of all due to various reasons: a) Some cannot verbalise for themselves, b) They are not believed, c) Their family members are reticent about making a complaint, d) The families have had great difficultiy in finding an "appropriate" facility and do not wish to uproot them to an unknown facility, thus they keep quiet.
Nursing home residents are afraid to report as well as afraid of being threatened, intimidated, and/or harmed in retaliation by staff members or others. They cannot leave the facility and are subject to the various forms of daily neglects i.e. failure ot staff to change incontinence pads filled with urine in a timely manner, lack of dignity type of episodes, and subtle threats.
I hope this has added a new dimension to your discussion and please feel free to contact me at lillian@eapa.asn.au
Lillian Jeter