Nursing Home Abuse -- Regulators uncover 41 incidents of abuse in 2007

The Chronicle Herald reported that the Canadian Press recently won the right to have access to the Nova Scotia Department of Health's annual report on nursing home abuse in Nova Scotia. The government records showed that that regulators investigated 41 incidents of abuse in Nursing Homes across Nova Scotia. Thirty of the incidents involved staff abusing residents, the other 11 incidents involved abuse between residents or by outsiders.

Generally speaking, victims of abuse, like other people who have suffered injuries, may have the right to bring a personal injury claim for compensation.

Nova Scotia Government delays law aimed at protecting nursing home residents from abuse and neglect

It has been over a year since the Nova Scotia Legislature passed Bill No. 110 - Protection of Persons in Care Act; however, Bill 110 has not become law because the Government has not taken the steps to have it proclaimed in force. This is the process whereby a Bill becomes law.

Apparently, the Government is in the process of creating regulations to go along with the Act, and this is the reason for the delay. Enough with the delay, this legislation was long over due and further delay is unacceptable.

Once it becomes law, the Protection of Persons in Care Act, will apply to hospitals and residential care facilities (nursing homes). The Act requires administrators, health professionals, and employees of these facilities to report allegations of abuse to the Government Regulators.

The duty to report arises when one has a reasonable basis to believe that a patient or resident is, or is likely to be, abused.

Upon receiving a report of abuse, the Government Regulator will inquire into the matter and decided if further investigation is needed.

The Act contains so-called "whistle blower" protection, meaning that an employee who reports abuse cannot be fired from his or her job, provide he or she acted in good faith. This protection is also extended to residents, such that they cannot be evicted, or threatened to be evicted, from a facility because the resident made a report of abuse.

The Act sets out a process for notifying professional regulatory bodies where a regulated professional (e.g., nurse, occupational therapist, physiotherapist, doctor, dietician) has failed to report abuse as required by the Act.

A person or corporation who violates the Act is guilty of an offence and will be liable to pay of fine of:

• person - up to $2,000
• corporation - up to $30,000

These fines are paid to the Government, not the person who has been abused.

The Protection of Persons in Care Act is a giant step in the right direction. My only concern is that the maximum fines are too low, and that Regulations, currently being drafted by the Government, may water down the strength of the Act.

The Act does not prevent a resident (or their family) from making a civil action against the facility or individual caregivers for personal injuries or wrongful death. In a civil action, the abused person could get compensation for pain and suffering caused, and could also claim punitive damages in certain cases. Courts award punitive damages to punish people or corporations for bad behaviour. Any funds obtained by a civil action would be paid to the elderly person or their family.

Nova Scotia Senior's Secretariat relesases strategy for prevention and awareness of Elder Abuse

Earlier this month, the Nova Scotia Senior's Secretariat released a document called Nova Scotia Elder Abuse Strategy: Towards Awareness and Prevention. This strategy document was released on November 2, which has been designed as Elder Abuse Awareness Day in Nova Scotia.

JeanWaldron.com - One Family's Fight for Accountability in the Nursing Home Industry

Is Your Mom Safe in Her Nursing Home? - this was the question posed by the family of Jean Waldron. Jean Waldron died several months after moving in to a nursing home in Alberta. It was later determined that she suffered from severe dehydration, severe malnutrition, and severe infections.

This is a remarkable story of one family's' fight for accountability from a private nursing home and government regulators. With persistence and creativity, Jean Waldron's family was successful in bringing her story to the public attention.

We desperately need better regulation and accountability within the long-term care (nursing home) sector. Can one person or family make a difference? Absolutely. I encourage you to go to jeanwaldron.com and read more about this remarkable story.

Alberta Nursing Home Residents Launch $100M Class Action Lawsuit

This story caught my eye over the weekend. Edmonton lawyer Allan A. Garber filed a $128.7m class action lawsuit on behalf of 13,000 seniors living in nursing homes in Alberta.

Essentially, the seniors are trying to recover money they paid to the Alberta government as part of rent increases for long-term care. According to an Edmonton Sun news story, the seniors allege that these "rent increases" were supposed to go towards improve care.

I believe this is the first time nursing home residents, as a group, have banded together to bring a class action lawsuit in Canada. This case is a great example of how class action lawsuits can level the playing field between the powerless (seniors) and the powerful (government). It also shows the potential for class action lawsuits to change the behavior of a powerful organization (in this case the government).

I think it is fair to say that nursing home residents are one of the most marginalized groups in Canadian society. Their needs and issues are often ignored by the powers that be. While it is unclear if this lawsuit will be successful (in terms of recovering the money paid for rent increases), it is clear that seniors groups across Canada may now see the class action lawsuit as a means of getting the attention of those in power.