Unfortunately, nursing home abuse remains a very serious problem. It is an especially pronounced issue in facilities who have a significant number of residents with mental illness. Recently, APM Reports published a story highlighting this major concern. Notably, nationwide nursing home data shows that “1 in 5 residents has been diagnosed with a serious mental illness.”Here, our Chicago nursing home abuse lawyer provides a more comprehensive overview of the report.
Elderly People With Mental Health Challenges: A Growing Population with Complex Needs
As APM Reports makes clear in its story, nursing homes were originally designed to provide daily care for people with physical disabilities, chronic illnesses, or advanced age. Increasingly, however, these facilities are admitting residents with severe mental health conditions such as schizophrenia, bipolar disorder, and psychotic disorders. Federal data shows that nearly one in five nursing home residents nationwide has a serious mental illness. There are a lot of reasons for this, including changes in how care to vulnerable people is provided in this country. Notably, in certain facilities, the percentage of residents with mental health issues is much higher. Unfortunately, the reality is that most nursing homes lack the specialized training, staffing, and resources to provide adequate psychiatric care.
When Facilities Cannot Meet Patient Needs (Huge Risk of Abuse)
Nursing home facilities have a legal (and moral) responsibility to protect the health, safety, and well-being of their residents. Families put a lot of trust in the hands of nursing homes in Chicago and throughout the region in Northern Illinois. When these facilities cannot meet patient needs, that is a serious problem. There is a huge risk of abuse and/or neglect. Indeed, cases from across the country highlight the dangers of placing vulnerable people with serious psychiatric disorders in facilities unprepared to treat them.
For example, APM Reports cited the story of a man in Illinois with schizophrenia who was admitted despite staff objections that they could not meet his needs. Within a day, other residents reported incidents of harassment and inappropriate behavior. Similar tragedies have occurred elsewhere. In Missouri, an elderly resident died following an altercation with a mentally ill resident. In Louisiana, a patient passed away after being left unsupervised outdoors for hours. These stories are not isolated. They reflect a systemic problem: facilities often accept patients they cannot properly serve.
Weak Oversight and Poor Enforcement is Putting Vulnerable People at Serious Risk
APM Reports also notes that there are big issues with nursing home oversight. There are lapses and enforcement of the law is not as comprehensive as it should be. State and federal regulations require nursing homes to provide safe, appropriate care. Yet enforcement gaps are widespread. Our state is, in some ways, at the forefront of protecting vulnerable people. In other words, it is behind. Illinois passed a law in 2010 requiring a certification process for facilities accepting residents with serious mental illnesses. That program was never implemented. To this day, not a single nursing home in the state carries the required certification. That is true despite hundreds of facilities admitting residents with psychiatric diagnoses. Similar oversight failures appear in other jurisdictions. When laws go unenforced, vulnerable residents pay the price. Abuse citations are especially common in facilities with high concentrations of mentally ill residents and low staffing levels.
Major Concerns Have Been Raised About for-Profit Facilities and a Higher Risk of Abuse
Most nursing homes that house large populations of residents with serious mental illnesses are operated by for-profit corporations. While that is not always a bad thing, it is a problem in far too many cases. As reported by APM Reports, research shows these facilities are more likely to receive abuse citations compared to nonprofit or government-run homes. There are many reasons. One issue is that for-profit operators often prioritize cost-cutting, leaving facilities understaffed and undertrained. Medicaid, which funds much of the care, pays about $6,000 per month per resident. That is a figure that flows to facility operators whether or not adequate care is provided. When profits are prioritized over safety, both residents with mental illness and those without are placed at risk. Families should be aware of these systemic issues when choosing a nursing home for their loved one. They should also follow-up right away on any suspected problems.
A Nursing Home Can Be Held Liable for Abuse or Neglect
Nursing homes have a legal duty to provide residents with a safe environment, proper medical care, and protection from harm. When a facility fails in these responsibilities, it can be held liable for abuse or neglect. Liability may arise from inadequate staffing, poor training, negligent supervision, or intentional misconduct by employees. Residents and families have the right to pursue legal claims for physical injuries, emotional trauma, or wrongful death caused by unsafe conditions. If your mentally ill loved one was abused or neglected inside a nursing home, our Chicago attorneys are standing by, ready to help you fight for justice, accountability, and maximum compensation.
How Our Chicago Nursing Home Abuse Attorney Can Help
Nursing home abuse and nursing home neglect are serious problems. Far too many vulnerable people are subject to unfair and even outright dangerous treatment. At Kennedy Watkins LLC, our Chicago attorneys have a proven record of verdicts and settlements in nursing home abuse cases. We put elderly and disabled people (and their families) first. You can contact our Chicago nursing home abuse lawyer to get a free, no obligation review and evaluation of your case.
Contact Our Chicago, IL Nursing Home Abuse Lawyer Today
At Kennedy Watkins LLC, our Chicago nursing home abuse attorney is a compassionate advocate for justice. If your loved one was the victim of nursing home abuse, we can help. Get in touch with us today for your free, completely confidential consultation. With a law office in Chicago, we fight for justice for nursing home abuse victims throughout the entire region.