Nursing Home Neglect: What are the Legal Provisions?

David Monteleone
Illinois Accident and Wrongful Death Lawyer

  Posted  |  Category : Nursing Home Neglect Lawyer

Ever year one in six nursing home residents experience neglect. Nursing home neglect can lead to serious injury and even death. Despite the fact that every state in the US has passed legislation regarding elder care abuse, nursing home neglect remains quite common in the country.

Neglect, in the context of nursing homes, occurs when the individuals do not receive proper physical, medical, or emotional care from the nursing home staff. It includes failure to provide clothing, food, or water, personal attention, or hygiene care to the individuals. As a result, the individual may suffer from malnutrition, skin infections, dehydration, bed sores, depression, and other physical and psychological medical conditions.

 

Legal Provisions Relating to Nursing Homes

It is important that you know about regulations relating to nursing homes. In response to the increasing number of reports relating to abuse and neglect in Nursing homes, Congress had passed a legislation known as “Nursing Home Reform Act” in 1987. This law required nursing homes that are part of Medicaid or Medicare to follow certain rules relating to quality of care.

The nursing homes are required by law to provide services that result in mental, physical, and psychosocial well being of each of the residents. They are required to develop a comprehensive plan for the care of each of the residents.

In addition, nursing homes are legally required to take measures that prevent deterioration of physical ability of the residents in performing tasks such as bathing, grooming, dressing, ambulating, eating, and communication. In case the resident is unable to carry out physical activities, the nursing home staffs should offer services that allow maintaining of good health and personal hygiene.

The nursing homes staffs must ensure that the residents don’t develop bed sores, and if they do develop the condition, they must offer necessary treatment services. They are also required to take necessary steps to ensure that accidents do not take place at the premises. Lastly, they need to take care when administering medicines to the residents.

Each of the residents of the nursing home should be able to enjoy a good quality life while maintaining dignity and self-respect. The residents are also provided right to choose their own health care, schedules, and activities.

 

What to Do In Case of Nursing Home Neglect?

Nursing home neglect can be intentional or unintentional. In both situations, the nursing home will be held responsible for failure to provide proper care to the individual. If you suspect that your elderly loved one has been subject to neglect in the nursing home, you should contact professional Rockford personal injury lawyers. To get more information about your rights relating to nursing home neglect, you should call us at 815-209-9030 today to schedule a free consultation.

 

 

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