Nursing Home Injuries

Elder Abuse

In 2004, 36.3 million Americans were over age 65. By 2050, that number is expected to grow to 86.7 million, or 21% of our total population. Of those, 1 to 2 million have reported abuse or neglect. However, studies published by the National Center on Elder Abuse indicate that only 1 in 14 incidents are actually reported. In addition, as many as 5 million older Americans are victims of financial exploitation. The same studies estimate only 1 in 25 exploitation cases are reported.

60% of elder abuse and neglect incidents are by known perpetrators, usually family members. 30% of those are spouses or intimate partners, 17% are adult children. Seniors aged 80 years and older are abused and neglected 2 - 3 times more frequently than citizens aged 65-79. The law requires workers in medicine, law enforcement, and social services to report suspected cases of abuse. Elder abuse accounts for nearly 70% of Adult Protective Service agencies' annual caseloads. 16.3% of all reports came from physicians or health care professionals 21.7% from service providers, 13.7% from family members. A 1998 study by the National Center on Elder Abuse shows the prevalence of types of abuse. These numbers are based on the year's 115,110 substantiated cases.

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Abuse

An estimated 1.5 million people live in licensed nursing homes, and another 900,000 live in residential care facilities. National Center on Elder Abuse, www.ncea.aea.gov. While reports suggest an epidemic of abuse, neglect, and theft from these residents, the exact numbers are difficult to determine. Fewer than 10% of America's nursing homes are adequately staffed to care for patients (CNN Interview - 2/23/2002). According to the Health and Human Services Department, patients in understaffed nursing homes are more likely to suffer from such problems as malnutrition, bed sores, serious blood born infections, pneumonia, weight loss, and dehydration. By 2030, the population of people aged 85 or older is expected to hit 8.9 million -- more then double the current population. These numbers indicate that the serious problem of nursing home abuse will only increase with time.

Nursing home abuse cases are chronically under-reported. Police are seldom called out to investigate, and when they are, it's often between 2 days and 2 weeks after the incident occurred. Residents are reluctant to report abuse out of fear. Nursing home staff is also reluctant to report either because they are not certain abuse occurred, or they fear for their jobs. By the time police are called in to investigate, residents have often forgotten the details, or evidence has been tampered with. A 2002 study by the US General Accounting Office found that reporting problems such as these cause difficulties in prosecuting abusive staff members.

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Lawyers Who Win

[An MSU article featuring Craig Manchik]

Craig Manchik, ’94, managing partner in the Chicago-based firm of Manchik & Romaker, has been arguing his position since he was a child. Manchik recently won a jury verdict of more than $1.1 million on a difficult liability case against an Illinois municipality and its police officers. He agrees that you win cases by doing a thorough and complete investigation that includes lining up appropriate experts early so they can advise you in discovery.

Manchik’s firm concentrates on medical malpractice, nursing home negligence, catastrophic personal injury and wrongful death cases. To him, successful litigation hinges on the ability to be a good listener. Manchik believes “you must be in a position to feel your client’s pain. You must bring forth the passion necessary to convince a jury of the wrongs that have been done to the client. If you can do that, you have a good start.”

Read the full article...

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