How prevalent is nursing home
abuse and neglect? There are 17,000 nursing homes across this
country, and 1.5 million elderly and disabled Americans reside in nursing homes.
According to a congressional report prepared by aides to Rep. Henry Waxman (D.
Calif.), state inspectors cited nearly 5,300 nursing homes between January 1999
to January 2001. In more than 1,600 of these homes - 1 in 10 of the nation's
nursing residences - the violations were "serious enough to cause actual harm to
residents or to place the residents in immediate jeopardy of death or serious
injury." The most common violation involved failure to "properly investigate"
according to the report. The percentage of homes cited for abuse has doubled
since 1996.
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What should I do if I suspect
elder abuse? Investigate at once. Begin collecting facts. The
nursing home will not cooperate in this process. Gather all the material you can
so that documents cannot be changed. You may seek the assistance of the
government, private attorneys and/or support and advocacy groups.
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How soon should I make a
claim? A potential claimant should always seek the advice of an
attorney without delay. There could be many deadlines to meet, claims against
governmental entities may require that the entity be put on notice much earlier
than the statute of limitations period. A medical and legal analysis must be
done prior to filing a lawsuit, so don't wait or the lawyer might not have
enough time to investigate the claim before it's expiration.
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