The study from Rush University Medical Center in Chicago was published in the Journal of the American Medical Association.

The Rush University study was in-depth. Researchers analyzed records for 9,318 seniors 65 years of age and older, enrolled between 1993 and 2005 in the Chicago Health and Aging Project, a study of a community-dwelling population. Researchers conducted face-to-face interviews to assess participants’ health histories, physical fitness, cognitive abilities, health behaviors and psychosocial behaviors.

If you or someone you know is facing issues dealing with negligence, abuse or neglect in a nursing home, you can find more information and help at www.bermansimmons.com

When the family of a 71 year old stroke victim in a nursing home noticed bruises and complained to management, management failed to respond.  So the family set up a hidden video camera on a side table in her room.  The camera caught a care worker slapping the resident, pulling her around by the hair, and treating her violently in a shower chair. 

During a 22 day trial against the nursing home on behalf of the resident, who was non-verbal, the jury watched the secret videotape.  After two days of deliberations, it awarded $2.75 million in actual damages against the nursing home, and $5 million in punitive damages.  The nursing home had refused an offer of settlement for $500,000, and had offered nothing in return.   The nursing home was held 40% liable, with the nursing home’s owner and the employee who abused the resident each 20% liable.  The verdict shows that juries are willing to punish nursing homes for failing to protect vulnerable residents from abuse.

For more, see: 7.5M awarded in nursing home abuse case

2. Has the resident demonstrated an unexplained dramatic change in condition?  The nursing home is required by law to maintain the resident’s highest quality of life and condition that is practicable.  Unless there is a plausible medical explanation, therefore, the resident should not be experiencing dramatic changes in condition.  If there is a medical explanation, the nursing home staff has a duty to notify the family and explain.  In most instances, a change in condition will require that a physician be notified as well.  If the resident has a dramatic change in condition that is unexplained, this raises a concen for abuse or neglect.

3. Is the resident uncharacteristically sedate, lethargic or unresponsive?  While anti-psychotic medications are often used to ease anxiety or agitation on the part of nursing home residents, they should not be used as “chemical restraints.”  More and more, there is a tendency for nursing home staff and attending physicians to overuse anti-psychotic medications in order to control or subdue difficult residents, rather than addressing the root cause of the difficulty such as a resident’s fear of the new environment, isolation and loneliness or other medical problems.  Where a resident who was previously active and communicative becomes sedate, lethargic or unresponsive, it raises a concern for overmedication.

4.  Has the resident experienced a signficant loss of weight?  A nursing home is required to provide a resident with a diet and supplements adequate to meet the resident’s nutritional needs.  If the resident has difficulty swallowing or has individualized dietary needs, the nursing home must provide the necessary specialized diet or therapy with eating.  If a resident refuses to eat certain types of food, the facility must provide alternatives and nutritional supplements, such as milkshakes, to ensure that the resident’s needs are met.  If there is a concern about a resident’s lack of eating or nutrition, the resident’s weight should be checked regularly to ensure there is no unhealthy weight loss (or gain).  If the resident loses a significant amount of weight over a relatively brief period of time, this raises a concern for abuse or neglect.

5.  Has the resident suffered serious skin breakdown?  The law specifies that a nursing home must prevent skin breakdown in the form of pressure ulcers, unless skin breakdown is unavoidable.  Pressure ulcers occur because a resident is left in one position (either lying or sitting) too long, causing pressure to build to the point where the skin begins to break down.  For residents who require regular assistance with toileting, this problem is compounded when they are left for extended periods of time lying in urine or feces.  Pressure ulcers begin as discolored, reddended skin, but can quickly worsen to open wounds with blackened, decaying flesh and a discernable odor.  If a resident experiences a significant wound of this type without plausible explanation, it raises a concern for abuse or neglect.

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