Founding Partner of Lanzone Morgan, LLP, James Morgan, recently appeared on the Hospital Finance Podcast to discuss nursing home abuse, negligence prevention, and how families can evaluate care facilities.
During the conversation, James Morgan explained the realities of nursing home care, why neglect happens, and what families can do to protect their loved ones. Whether you are evaluating a care facility or concerned about a family member’s wellbeing, this episode delivers practical insights grounded in decades of legal experience.
Listen to the full episode on Apple Podcasts or Spotify:
Table of Contents:
- Understanding Nursing Home Abuse, Neglect, and the Most Common Types
- Why Understaffing Is the Primary Cause of Resident Negligence
- How the Medicare and Medicaid Payment System Affects Care Quality
- What Families Can Do to Prevent Abuse in Nursing Homes
- What to Do If You Suspect Your Loved One Is Being Abused
Understanding Nursing Home Abuse, Neglect, and the Most Common Types
During the podcast, James explained that nursing home abuse covers a wide spectrum. On one end are dignity violations like residents not being showered or changed timely. On the other end are serious injuries and death from infections, falls, and brain bleeds. James emphasized that the bottom line is simple. When a nursing home fails to provide proper care to meet residents’ needs, abuse and neglect occur.
When asked what injuries lead to the most cases, James identified the types that dominate his practice. Falls with fractures are the most common injury, resulting from inadequate supervision and unsafe environments. Bed sores rank second and develop when residents remain in the same position for extended periods without being turned or repositioned. James also mentioned other serious forms of neglect his firm handles, including dehydration, malnutrition, poor hygiene, and elopement cases where residents with dementia wander out of facilities. While less common, physical and sexual abuse also occur in some facilities and demand legal action. Every case Lanzone Morgan, LLP handles comes down to the facility not giving the resident the care they required.
Why Understaffing Is the Primary Cause of Resident Negligence
The podcast conversation turned to a critical question: why are nursing home residents getting neglected? James was direct with his answer. Most of the neglect his firm sees stems from understaffing. Nursing homes are for-profit businesses that make money by filling beds and cutting costs. Labor is the highest expense, so nursing homes reduce staff to maximize profits.
During the discussion, James painted a clear picture of what happens when staffing falls short. Residents sit in soiled conditions for hours. They do not get turned to prevent bed sores. Falls go unnoticed. Neglect becomes inevitable. James emphasized this is not an accident. It is a deliberate business strategy to prioritize profit over resident wellbeing.
"Most nursing homes are privately owned. They’re for-profit enterprises, so people are trying to make money… The way to make money by owning a nursing home is to fill every bed so that you can make as much revenue as possible and to take care of those residents with as little labor as possible. When that happens, it could be a recipe for making money. But unfortunately, it’s also a recipe for neglect of the residents when there’s not enough staff to meet their needs.”
How the Medicare and Medicaid Payment System Affects Care Quality
The host asked how nursing homes are usually paid for caring for residents. James explained that nursing homes receive payment from four sources: Medicare, Medicaid, private pay, and private insurance. The critical issue is that Medicare pays the highest rates. This means nursing homes prefer Medicare patients and work to fill beds with them.
James described a scenario that repeatedly happens: Medicare only covers about 100 days of physical therapy. After 100 days, the nursing home wants to discharge the resident because Medicaid pays far less than Medicare. Even if families say their loved one needs more care, nursing homes resist keeping them. These scenarios reinforce a stark truth that care decisions are often driven by profit, not by what is best for the resident.
What Families Can Do to Prevent Abuse in Nursing Homes
When asked what family members can do to prevent abuse, James stressed that family involvement is the strongest deterrent to nursing home neglect. Visit regularly and unannounced. Monitor your loved one’s condition for signs of poor hygiene, injuries, weight loss, or bed sores. Build relationships with staff and ask questions about care.
During the discussion, James also emphasized the importance of documentation. Keep detailed notes of visits and take photographs of injuries or poor conditions. Document everything you observe. When staff know families are involved and attentive, they are far less likely to neglect residents.
What to Do If You Suspect Your Loved One Is Being Abused
If you suspect your loved one is being abused or neglected, take action immediately. Report to authorities by contacting your state’s long-term care ombudsman office. File complaints with the state health department and adult protective services. Seek medical evaluation for unexplained injuries or health declines. Preserve all documentation, medical records, and photographs. In serious cases, remove your loved one from the facility to ensure their safety.
During the podcast, James emphasized that legal help is critical. Consult with an experienced nursing home abuse attorney immediately. Lanzone Morgan, LLP offers free consultations and 24/7 support to families who suspect abuse. With 75 years of combined experience and a proven track record of recovering over 250 million dollars in compensation, the firm has the skill and resources to investigate your claim and hold nursing homes accountable. Contact Lanzone Morgan, LLP today if you suspect your loved one is being abused or neglected.