Nursing home abuse is a regular occurrence at many facilities in this country and is estimated to affect up to one-third of all seniors residing in nursing homes today. Despite the prevalence of abuse and neglect, dedicated nursing home attorneys are helping victims of abuse fight back by aggressively prosecuting the people and institutions responsible for harming innocent residents.
Nursing Home Abuse Laws
The federal government has a series of statutes defining and prohibiting mistreatment of nursing home residents. These laws state that every facility must maintain current policies prohibiting abuse and neglect, and that residents and family members are entitled to specific and detailed information regarding these policies.
Every person admitted to permanent care in a nursing home or elder care facility is afforded basic rights to safety, privacy, proper medical care, and humane treatment. If staff members violate these rights, the victim and their family have the right to file a lawsuit against the abuser and the facility. Nursing home residents also have the right to review the most recent state inspection report relating to the home.
Defining Abuse
Nursing home abuse is not limited to bodily harm; nursing home abuse is an umbrella term which includes various types of mistreatment, including nursing home neglect, sexual abuse, physical abuse, and financial theft. It may be considered abusive behavior when a resident is denied the right to be informed of their medical care, to participate in choosing a treatment, to refuse treatment, to keep and use personal possessions, to participate in social interaction, to have access to food and exercise, and other such fundamental rights.
Prosecuting Nursing Home Abusers
In many cases involving abuse, residents are too intimidated or fearful of the consequences of telling on their abusers. It is often up to the family members to spot signs of abuse and look deeper into inconsistencies or unusual circumstances. While victims are usually too scared to talk, sudden behavioral changes can be a telltale sign of neglect or abuse.
If you suspect your loved one may be suffering from abuse, a skilled nursing home abuse lawyer can advise you on the best way to proceed with an investigation. Your attorney can also help you understand residents’ rights and guide you as you bring a case against the abuser and facility.