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More than 3.2 million adults in the United States live in nursing homes and other long-term care facilities. Up to 40% of all adults will go to a nursing home at some point in their lives and as the population of the country ages, the number of nursing home residents is expected to increase.

More than 3.2 million adults in the United States live in nursing homes and other long-term care facilities. Up to 40% of all adults will go to a nursing home at some point in their lives and as the population of the country ages, the number of nursing home residents is expected to increase.

Although many of these nursing home residents receive good care, there are many that may be victims of abuse. Up to 1 out of every 6 nursing home residents may suffer abuse and neglect each year.

Common Nursing Home Abuse FAQs

There are many questions about nursing home abuse that people do not have the answers to. Here is a look at some FAQs to help you take legal action against a nursing home for abusing or neglecting you or a family member.

Q1: If a nursing home resident does not have a contract with the home, can they still sue the nursing home for improper care?

Ans: Yes, residents of a nursing home, or their survivors, who suffer injury or harm due to improper care may recover damages by taking various legal theories against the nursing home, even without a contract.

There may be a cause of action for a resident that comes from negligent employee hiring and retention, negligence in personal care and supervision, negligence in maintenance of the premises, or negligence in the selection and maintenance of equipment. Additionally, a nursing home resident who has suffered abuse can pursue damages for assault and battery.

Q2: What are the rights that nursing home residents have?

Ans: If a nursing home resident participates in the Medicare program, under statute, they have the right to be from physical, mental, sexual, and verbal abuse, as well as any chemical or physical restraint imposed for purposes of convenience or discipline rather than for the purpose of treating a medical condition.

Restraints may only be used upon a physician’s written order, with specifications on the circumstances and duration that the restraints should be used, but only to insure the resident and other residents’ safety. If a federal statute does not regulate a nursing home, there are state laws, varying from state to state, that protect the residents.

Q3: What qualifies as “neglect” in a nursing home?

Ans: In most states, neglect of an elderly person is defined as the failure to provide them with services that are essential to health and safety, such as shelter, food, clothing, medical care, and supervision. Whether such failures are caused by carelessness, or are intentional, will often determine if a case against a nursing home is framed as a case of abuse or neglect.

If you or a loved one has suffered harm or injury due to nursing home abuse, you should immediately seek the help of one of the many qualified medical malpractice attorneys at RMFW Law at 212-344-1000. You can discuss the merits of your case and find out if you have a viable case against the nursing home during this free consultation.

The first meeting is free. You pay us nothing up front at all even if we take the case. At RMFW Law we only take a percentage of the final settlement. We have a winning formula and the only people who do not like it are the people on the other side of the table. Call RMFW Law today!