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The report also found that a higher percentage of for-profit nursing homes were deficient than non-profit nursing homes.

Plaintiffs' attorneys were not surprised.

"Unfortunately, it's not a shock," said David Couch of David A. Couch Law Firm in Little Rock, Ark.

Nursing home litigation has been a growing practice area in recent years, with the aging baby boomer population leading to increased demand for services.

According to U.S. Census Bureau statistics, 38.7 million Americans are 65 or older. By 2030, that age group will represent 20 percent of the population.

Typical allegations against nursing homes have been abuse and neglect, inadequate staffing and medical errors.

A number of new issues have created obstacles for patients suing nursing homes, including mandatory arbitration clauses and corporate structures that mask the ownership of facilities.

"This is very complex litigation," said Roy Turner of The Law Office of Roy D. Turner in Bridgewater, Va., vice chair of the American Association of Justice's nursing home litigation section.

What the report said

The study, which was conducted by the Office of the Inspector General of the Department of Health and Human Service, found that the most common categories where nursing homes fell short were quality of care, resident assessment and quality of life.

Almost 74 percent of nursing homes in the survey were cited for quality-of-care deficiencies in 2007. Accident hazards were one of the most common issues.

About 58 percent of nursing homes were cited for resident assessment problems involving professional standards and the qualifications of service personnel.

Over 43 percent of facilities were cited for quality-of-life deficiencies, such as loss of dignity.

In addition, almost 43 percent of homes were cited for dietary service violations – an allegation that plaintiffs' attorneys are increasingly making as well.

The report found that 17 percent of nursing homes in 2007 were cited for causing actual harm or immediate jeopardy, and that there is a trend toward violations that are more severe and broader in scope than in the previous two years.

The report, which can be found here, also gives a breakdown of how each state fared.

Questions or comments can be directed to the writer at: sylvia.hsieh@lawyersusaonline.com