Nursing Home Abuse
Nursing Home Abuse & Injuries - Overview
Older people frequently opt to move into nursing homes or long-term care facilities to ensure that they are well cared for, and will be protected from the effects of any deteriorating physical and/or mental conditions. Ordinarily, these facilities provide a positive environment and a beneficial experience for their patients. However, older people are sometimes actually physically and/or psychologically harmed by the negligent or intentional acts of their caregivers. In institutional settings, several factors have been shown to contribute to the abuse or neglect of residents, including: poorly qualified and inadequately trained staff; staff with a history of violence; inadequate numbers of staff; the isolation of residents; and, the reluctance of residents to report abuse out of embarrassment or fear.
Many Texas Nursing Homes Fail to Meet Federal Standards for Adequate Care
There are 1,148 nursing homes in Texas that accept residents covered by Medicaid or Medicare. These facilities serve almost 85,000 residents. Eighty-six percent of Texas nursing homes violated federal health standards during recent state inspections. Over one-third of the nursing homes had violations that caused actual harm to residents or placed them at risk of death or serious injury. Moreover, over 90% of the nursing homes in Texas did not meet the recommended minimum staffing levels identified by the U.S. Department of Health and Human Services (HHS).
86% of Nursing Homes in Texas Did Not Meet Federal Standards Governing Quality of Care
The vast majority of nursing homes in Texas violated federal standards governing quality of care. Of the 1,148 nursing homes in Texas, only 161 facilities (14%) were found to be in full or substantial compliance with the federal standards. In contrast, 987 nursing homes (86%) had at least one violation with the potential to cause more than minimal harm to residents or worse. On average, each of these 987 nursing homes had 9.8 violations of federal quality of care requirements. Many nursing homes in Texas had violations that caused actual harm to residents. Of the 1,148 nursing homes in Texas, 443 facilities, 39% of all facilities, had a violation that caused actual harm to nursing home residents or placed them at risk of death or serious injury. The 443 nursing homes with actual harm violations or worse serve 37,417 residents and are estimated to receive over $440 million each year in federal and state funds.
Most nursing homes in Texas did not provide adequate staffing. During their most recent annual inspections, the vast majority of nursing homes in Texas,1,060 of the 1,124 facilities for which staffing data was available (94%), did not meet minimum staffing levels. Compared to other states, Texas nursing homes rank 43rd in the nation in hours of nursing care provided to residents each day.
Texas nursing homes that failed to meet the minimum staffing levels were over three times as likely to have violations that caused actual harm to residents compared to nursing homes that met all minimum staffing levels.
Individuals who are admitted receive very inadequate, sometimes shockingly deficient care that is likely to hasten the deterioration of their physical, mental, and emotional health. They are also likely to have their rights ignored or violated, and may even be subject to physical abuse.
Prevalence of Violations
Only 161 of the nursing homes in Texas were found by the state inspectors to be in full or substantial compliance with federal health requirements. The remaining 987 nursing homes, 86% of all facilities in Texas, had at least one violation that had the potential to cause more than minimal harm to their residents or worse.
Liability for Nursing Home Injuries
There are many ways in which nursing homes can be held responsible for injuring others as a result of their negligence, abuse, false imprisonment, or violations of criminal statutes, as well as violations of regulations pertaining to their licensing, maintenance, and general operation. An act of abuse, neglect or exploitation of an older person might give rise to one or all of the following types of proceeding: 1) an investigation and finding by an adult protective services agency; 2) a civil cause of action for damages (a lawsuit); and/or, 3) a criminal prosecution. These three types of proceedings have different objectives. The objective of a protective services investigation is to provide immediate help and relief to the victim and prevent further harm. The goal of a civil action (lawsuit) is to remedy damages, and the criminal prosecution is meant to punish the harmful conduct. |
