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Considerations for Establishment of a Nursing Home Case - Introduction

Posted by attorney Kenneth LaBore

I. Introduction

There is an increasing trend for people who need long term care to get that care in their communities, there will always be a need for nursing homes for those who need or want to be cared for in a residential setting that is capable of providing professional services 24 hours a day. In fact, the demand for nursing home services will likely continue to increase with the aging of the babyboomer generation. The population of persons over the age of 85 has increased significantly, and population projections by the US Census Bureau anticipate the over age 65 population to increase by 40% between 2010 and 2030. Projections indicate that the percentage of people in need of nursing home care will increase by up to 25%.

According to the best available estimates, between 1 and 2 million Americans age 65 or older have been injured, exploited, or otherwise mistreated by someone on whom they depended for care or protection. [i] Estimates of the frequency of elder abuse range from 2% to 10% based on various sampling, survey methods, and case definitions. [ii] It is estimated that for every one case of elder abuse, neglect, exploitation, or self neglect reported to authorities, about five more go unreported. [iii]

Many of the cases of nursing home neglect would be preventable with adequate numbers of well trained staff. It is important to hold facilities that fail to properly administrate the facility to maximize the quality of care for the residents accountable. The goal is to create an opportunity for the facility to analyze the cause of incidents and make affirmative steps towards improvement while ensuring a financial basis for compliance.




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