Suing Nursing Homes

In 1987, President Ronald Reagan signed into law the Omnibus Budget Reconciliation Act (OBRA), the first major version of the Federal standards for nursing home care since the 1965 creation of both Medicare and Medicaid (MediCal in California). Care facilities wanting Medicare and Medicaid funding were to provide services so that each nursing home patient could attain and maintain the highest physical, mental and psycho-social wellbeing. However, 25 years later, poor care and neglect are still too common an occurrence in the approximately 16,000 nursing homes in the United States.

Why is this poor care and abuse still occurring? There are many reasons why and at the top of the list is the fact that state agencies responsible for overseeing nursing home care often fail to make sure problems in the facilities are corrected.

Anyone of us who may have the unfortunate task of placing a loved one in a nursing home needs to know that the probability of poor care and neglect is alive and well in these facilities. Be vigilant: Go often to see the patient (under the federal law, there are no visiting hours for family members); go often at any time day or night; ask questions; check their bodies to ensure there are no bedsores forming; make sure they are getting sufficient liquids to prevent dehydration; listen to what the patient is telling you and don't let the facility staff dismiss the patient's complaints.

Since it appears to be "business as usual" in nursing homes and with the lack of oversight by the regulators perhaps it's time to close down all nursing homes and start all over again with a different plan. Perhaps the billions of dollars the government gives to nursing homes should be given to each of us who wish to remain in our homes and be cared for by people of our choice.

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Suing Nursing Homes