Although CMPs were used in about 51% of the cases, the report states, the amounts originally imposed were often substantially decreased before payment was due. Under current regulations, the investigators found, systematic reductions, appeals, settlements, and bankruptcies to be the main factors contributing to this decrease.
Many of the worst culprits never get fined to begin with. In 2003 and 2005, Consumer Reports examined whether states were levying fines against their sample of poorly performing nursing homes and determined that the states that could impose fines were not always using that authority.
An earlier study found that in states with the power to impose fines, only 55% of the facilities that could have received a monetary penalty actually did. In their most recent analysis, Consumer found that the states fined just 50% of such homes.
According to Irvine, California Attorney, James Daily, nursing home abuse can include over-sedation, poor medical care, or wrong medication, but says in private litigation, cases of elderly abuse and neglect are next to impossible to prove.
"Records are created," he says, "lies are told, and the only way anyone can win is by finding former employees who will tell the truth about their employers."
"Unless they themselves are licensed," he adds, "then they will be afraid of speaking because they fear the nursing home making them lose their license."
Information for injured parties can be found at Lawyers and Settlements.com
http://www.lawyersandsettlements.com/
Evelyn Pringle
evelyn.pringle@sbcglobal.net
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