Law Offices Of Heath D. Harte, LLC – Representing People In Westchester County, New York, and Fairfield County, Connecticut
Can a resident sue the nursing home for improper care if he or she does not have a contract with the home?
Yes; you do not need to have a contract with the nursing home to be able to sue when you are harmed as a result of negligence or improper care. A resident can collect damages for:
Negligent personal supervision and care
Negligent hiring and retention of employees
Negligent maintenance of premises
Negligent maintenance of equipment
Residents who are abused can also sue for assault and battery.
What are the rights of a nursing home resident?
Residents living in nursing homes that are covered by Medicare have the following rights:
Residents cannot be verbally, sexually or mentally abused
Any physical or chemical restraint imposed must be used to treat a medical condition, not for discipline or convenience
Restraints may only be used when there is a written order from a doctor, and the duration and circumstances for which they are used must be clearly stated
Restraints can only be used to protect the safety of the restrained resident or other residents
Nursing homes not regulated by federal law are subject to state laws. The rights of residents in these nursing homes vary by state.
What happens when a complaint is filed against a nursing home for abuse?
An investigation into the allegations will occur. The resident, his or her family members, and nursing home staff and management will be interviewed. If the investigation determines the allegations to be true, adult protective services will take actions to remedy the situation and prevent further incidents of abuse. If the resident and his or her family are still not satisfied after actions have been taken to correct the problem, they can file a personal injury lawsuit against the nursing home. In cases where the offense was intentional, criminal charges may be filed as well.
What must occur for a court to determine that a nursing home is guilty of neglect?
Most states consider neglect to have occurred if the nursing home fails to provide the resident with services necessary for his or her health and safety. These essential services include:
What are the causes of nursing home abuse?
The most common reason for nursing home abuse is understaffing. However, other causes include inadequately trained staff, hiring staff with a history of violence, isolation of residents, and a reluctance of residents to report incidents of abuse due to embarrassment or fear.
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