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Elder abuse and nursing home negligence is increasingly become a problem. Elder abuse and its impact on elder victims and society as a whole. For too long, vast numbers of our country's elders have silently endured physical trauma, financial devastation, and emotional distress because they have been victimized by anonymous criminals--or perhaps worse--by once trusted caretakers, or family members. Just as the criminal justice system has rightly recognized that child abuse and domestic violence can be curbed by the enactment of new laws and the use of special procedures, so too should the system be amenable to changes on behalf of our growing elder population.While instances of elder abuse, elder neglect, and financial exploitation of elders are underreported and often times ignored, they are fast becoming pressingnational concerns.
"Victims of elder abuse are not only subject to injury from mistreatment and neglect, they are also 3.1 times at greater risk of dying." Not only do elders suffer greatly because of abuse, neglect, and exploitation, but society also bears the increased cost of health care and diminished public resources. The significant elder population that exists today, the large number of individuals in institutional settings, and the current reported levels of elder abuse in domestic and institutional settings help to illustrate the current magnitude of the elder abuse problem in this country. In 2001, only 41.6% of prosecutors surveyed had handled elder abuse cases. With the projected dramatic increase in the elder population, the rate of crime against elders will inevitably rise as well. Prosecutors should be aware of this increase and the impact that it will have on their communities and their resources. The issue of elder abuse is by no means a small-scale matter given the number of elders in this country and the numbers projected for the very near future.
"In 2000, there [were] an estimated 35 million people, age 65 or older, in the United States, accounting for almost 13 percent of the total population. In 2000, an estimated 2 percent of the population [was] age 85 and older. There [were] about 65,000 people age 100 or older in 2000."9Even more important than the number of elders is the projected growth of this population. The number of persons 65 years and over has increased substantially "from 3.1 million in 1900 to 33.2 million in 1994. Under the Census Bureau's middle series projections, the number of persons 65 years and over [will] more than double by the middle of the next century to 80 million. About 1 in 8 Americans were elderly in 1994, but about 1 in 5 could be elderly by the year 2030."11In addition, a significant number of individuals are currently living in institutional settings. "Approximately 1.6 million people live in approximately 17,000 licensed nursing homes and an estimated 90,000 to 1 million persons live in approximately 45,000 residential care facilities, variously known as personal care homes, adult congregate living facilities, domiciliary care homes, homes for the aged, and assisted living facilities."13 Significant portions of those individuals in institutional settings are elders.
"In 1995 about 4% of persons age 65 or older, or 1.4 million, resided in nursing homes or other long-term care facilities. Persons age 65 or older made up 89% of all persons in nursing homes in 1995."14In July 2001, a report prepared by the Special Investigations Division, Committee on Government Reform, U.S. House of Representatives, revealed several major findings regarding abuse in institutional settings:
- "Over thirty percent of nursing homes in the United States--
5,283 nursing homes-- were cited for an abuse violation that had the potential to cause harm between January 1999 and January 2001. These nursing homes were cited for almost 9,000 abuse violations during this two-year period.
- Over 2500 of the abuse violations in the last two years were
serious enough to cause harm to residents or to place residents in immediate jeopardy of death or serious injury. In total, nearly 10 % of the nursing homes in the United States--1,601 nursing homes--were cited for abuse violations that caused actual harm to residents or worse.
Nursin home abuse is obviously a problem in this country. If you or a loved one has suffered from nursing home abuse or elder abuse, use the form below to contact an attorney.
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