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Medical Malpractice and Nursing Home Negligence

3/27/2009
Meredith Parrish
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Are mentally ill patients a danger in your nursing home?

It is a dilemma that faces thousands of families across the country: what to do with their mentally ill family member who is unable to care for him or herself?  Over the last few years it seems that the answer has been to put the person into a nursing home and hope for the best.

 

Unfortunately, according to a troubling report from the Associated Press, the rising number of mentally ill patients in nursing homes across the country is resulting in terrible crimes against older and often frail residents.  The AP documented several cases of murder or rape against elderly residents, perpetrated by patients suffering from mental illness.

 

Federal law prohibits nursing homes from admitting mentally ill patients unless the State determines that the patient requires the high level of care that a nursing home can provide.  Despite this law, more and more states are screening patients suffering from mental illness and agreeing to place them in nursing homes.

 

But why are the numbers rising so drastically now?  It seems that more and more state mental institutions have had to close their doors, and that coupled with a shortage of space in psychiatric hospitals has left seriously mentally ill patients with nowhere to go.

 

Putting elderly nursing home residents together with patients suffering from mental illness is also an economic solution that many states find attractive.  If the percentage of mentally ill residents in a nursing home stays under fifty percent, the federal government will pay for residents care under Medicaid.  If the number of mentally ill residents rises above fifty percent, the nursing home would be classified as a mental institution and would not receive Medicaid.

 

Unfortunately, once a mentally ill patient is admitted to a nursing home, it can be difficult to get them out if trouble ensues.  All of this is a recipe for disaster for frail and elderly nursing home residents looking for a quiet place to live out their final years.




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