Nursing home abuse unfortunately is a harsh reality that many of us do not like to accept or confront. Since a senior is in a vulnerable position, caregivers, and attendants in nursing homes can take advantage of the situation.
Nursing home abuse unfortunately is a harsh reality that many of us do not like to accept or confront. Since a senior is in a vulnerable position, caregivers, and attendants in nursing homes can take advantage of the situation.
The National Council on Aging states that one out of 10 seniors over the age of 60 experience some or the other kind of elder abuse; and merely one in 14 cases are reported to authorities. Rather than their own homes, elders and seniors are more vulnerable to abuse at nursing homes. However, this does not been that a person aged 60 or above cannot be abused by their caregiver. It can happen, regardless of the setting.
Common FAQs Related to Nursing Home Abuse
Q: Can a nursing home resident who has no contract still sue the home for not taking care of the person properly?
Yes, a resident living in a nursing home can sue the home if they have been harmed because of improper care by the nursing home. This can happen even if there is no contract. The resident may have a valid reason to sue the nursing home, such as negligence in personal supervision and care, not hiring properly trained and experienced staff, not maintaining the premises adequately and not maintaining the equipment. These factors can harm the resident and cause grievous injuries.
If a nursing home resident has been abused in the nursing home, they have the right to seek damages for the battery and assault they have suffered.
Q: Do nursing home residents have rights?
If a resident lives in any nursing home that is part of the Medicare program, the nursing home should not use any form of verbal, physical mental or sexual abuse. Also, the nursing home should refrain from using any kind of chemical or physical restraint to discipline the resident or for their own convenience. Restraints can be used only when there is a written recommendation by the doctor who is treating the patient.
Even if a nursing home does not come under the purview of federal laws, nursing home residents still have rights according to state laws, which differ from state to state.
Q: What happens when a resident of a nursing home files a neglect or abuse complaint?
Today, all states in America have reporting mechanisms that allows residents or their family to report nursing home abuse, neglect, or even exploitation. After you or the resident file a complaint, the investigating authority will interview the resident, their family members, and the nursing home management and staff. In case the interviewing authority finds that the allegations are true, the resident is shifted to adult protective services to ensure that the abuse or neglect does not recur.
However, if you are unhappy with this solution, you can pursue the matter further and seek compensation for the injury or indignity that you or your loved one has suffered in the nursing home. This will require consultation with a medical malpractice attorney. Contact one of the many stellar medical malpractice attorneys at RMFW Law at 212-344-1000who will guide you if you have a viable case against the nursing home.
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