Nursing Home Litigation

Who Is at Risk?

Patient neglect and abuse in nursing homes is widespread, and no patient is immune. However, the risk of mistreatment is greater when certain factors are present. Such factors include:

Nursing Home Facility Characteristics

Numerous studies have demonstrated that poor staffing and institutional indifference are breeding grounds for nursing home abuse. Greater risk is present in facilities that have no abuse prevention policy, inadequate staff training, limited staff screening, high patient-to-staff ratios and high staff turnover, a history of deficiencies or complaints, and an unsafe physical environment.

Condition of the Elderly Patient

Studies have shown that some elderly residents of nursing homes are more vulnerable to abuse than others. Patients with dementia-associated behavior problems and those who are highly dependent on others for their basic daily needs are at greater risk, as are those who are more socially isolated.

Social Relationships of the Patient

The quality of a resident's relationships with family and caregivers is a factor in determining their risk for nursing home abuse. Residents who rarely receive outside visitors may be more vulnerable, since there is no one to regularly check on their care. Family watchfulness may be a deterrent to nursing home abuse; however, in some situations, overly zealous family members may actually impede the delivery of care, creating conflicts with staff that can increase the likelihood of abuse. The risk of nursing home abuse may also rise if the elderly patient's relationships with staff include past conflicts, or if the patient has not developed personal relationships with staff or other residents.