As the “baby boomer” generation reaches retirement age and improved health care allows more Americans to live longer, the difficult questions of who will care for our elderly citizens and how they will afford the cost of such care have permeated our national debate. Although most adult children would choose to care for their elderly parents at home if they could, the realities and responsibilities of modern life often preclude this. As a result, many elderly Americans who can no longer care for themselves are relying upon nursing homes and other long-term care facilities to provide such care. Depending on the level of care required, these institutions can range from an assisted living environment to full nursing home care.

Due to the fact that long-term care for the elderly is typically extremely expensive (well over $5,000 per month in many jurisdictions), the vast majority of residents go through most, if not all, of their assets in a matter of months and then become eligible for federal Medicaid benefits. This process is known as “spending down.” Indeed, the cost of over 90% of nursing home residents is paid by Medicaid. As such, almost all nursing home facilities receive Medicaid funds.

Any facility which accepts Medicaid funds must also abide by government regulations setting minimum standards for the care of residents in such facilities. Many of these regulations are promulgated by the Health Care Financing Administration (HCFA) and are administered through the states. HCFA regulations set guidelines for the evaluation, care and treatment of residents, aimed at maximizing the quality of each resident’s daily life and minimizing abuse and neglect. Notwithstanding the requirements of HCFA, substandard care of residents has become an increasingly growing and troubling problem.

Many of the institutions that provide long-term care for the elderly are owned by for-profit corporations. In an effort to maximize profits, many institutions have cut back on staff or hired less qualified workers for lower salaries in an attempt to decrease costs.

Too often, elderly or disabled residents of long-term care facilities are not getting the attention they require and sometimes have to compete with dozens of other residents for the attention of too few staff. As a result, all too often residents who require assistance in activities of daily living (ADL) such as feeding, bathing, toileting, walking, etc., are not receiving adequate care. Such neglect can lead to disastrous consequences such as debilitating falls, the development of painful and immobilizing decubitus ulcers, malnutrition and sometimes death.

Ashcraft & Gerel has successfully represented both injured nursing home residents and their families. The firm is currently devoting considerable resources toward assuring that corporate America’s thirst for profit is not accomplished at the cost of our most vulnerable citizens. Ashcraft & Gerel is committed to upholding the quality of care in our long-term care institutions by taking swift legal action to compensate nursing home resident and their families for injuries resulting from neglect or inadequate care. We believe that it is only in this way that the quality of care for all residents can be assured.

If you feel that you or a loved one have been victimized by medical malpractice while in the care of a senior citizen facility, Ashcraft & Gerel stands ready to investigate and pursue all available civil damage remedies. Please contact us by email. Alternatively, we always welcome telephone calls, and if you do call, you will be able to speak to an attorney experienced in nursing home malpractice litigation. You can find the telephone number of the office of your choice by returning to our home page and clicking the office you would like to contact. If you are outside our geographic area or the particular office is not important to you, please call Robert G. Samet at 301-770-3737 or toll free 1-800-829-7037.