The Legal Rights Of The Residents Or Patients

The laws have provided certain legal rights to the patients or residents of nursing home facilities. For example, they have the right not to be discriminated on the basis of wealth, sex, age, or any other ground. They have the right not to be harassed in any manner. They have the right to confidentiality regarding their past, medical history, financial and personal affairs. The patients also have the right to access individuals and entities that provide specific services, such as legal, social, or health related. Private and unrestricted communication is also one of the most important legal rights that the nursing home policy laws provide to the patients. They have the right to privacy when it comes to meetings, mails, or phone calls with other residents, friends, and family members.

Claims And Lawsuits For Neglect

Some of the most common nursing home lawsuits involve the following.

- Giving bad or wrong medications to a patients
- Failure to diagnose or misdiagnosis
- Wrongful death
- Allowing residents to wander and leave the facility without proper supervision
- Falls and fractures
- Restraint injuries and strangulation
- Abuse and assault
- Allowing avoidable bedsores to develop on a patient
- Failure to ensure the patients have got enough liquid or water
- Failure to ensure patients are properly fed

Signs Of Neglect And Abuse

Though there are nursing home policy laws to protect patients from abuse and neglect during their stay in such facilities, it is often not very easy to track the signs or abuse and assault. Many times, the patients are too old or weak to communicate the problems to their family members. In other cases, the patients sometimes are embarrassed or ashamed or just afraid to share the problems (what wrong is happening to them) to their family members. That is the reason why the family members are strongly recommended to pay regular visits and check everything on their own if the adequate care is being provided to their loved ones. The family members often play a very important role when it comes to identifying the signs of abuses and neglect. Every time you personally visit them in the facility, you should pay special attention to any significant changes in the attitude of the facility employees toward the patient, unusual changes in the behavior of the patient (especially toward the staff members), unexplained hair loss, broken bones, unusual bruises or cuts, and other such things. If you noticed that your loved one has injuries, you may consult with a personal injury lawyer to determine if you need to file a claim or a lawsuit.

Internal Policies Of The Facility

The nursing home policy laws have also made it mandatory for the facilities to develop their own internal policies regarding patient care and handling. These policies must not just be a copy of state and federal laws, but the facilities must also try to introduce better provisions above and beyond the basic laws to ensure the highest level of care to the residents. There is a wide array of factors that must be taken into account while preparing such internal policies for the facilities.

Following is a brief rundown on some of the basic points of the laws.

Maintaining Hygiene

As per the nursing home employee laws, the employees working in such facilities are responsible to maintain hygiene, such as they must use sterile equipment, they must ensure that the patients residing there wear clean clothes all the time, and that the rooms the residents are living in also free from any type of pollution. They must provide clean bedding to all patients. If they find any unhygienic condition inside the facility, they must notify the management of the same.

Providing Care To Bedridden Patients

The nursing home employee laws emphasize that the employees must provide adequate additional care to those patients who are confined to a wheelchair or are bedridden. The employees must take proper measures to prevent the development of bed sores or other skin conditions to such patients, such as by adjusting their position in the wheelchair or in bed.

Patients Must Be Kept Thoroughly Informed

Another important duty of the employees working in these facilities is to make sure that all patients are thoroughly informed on each and every aspect related to their health. The residents must have a thorough understanding of their actual condition, improvements observed, the treatments they get, and the cost involved in the care.

Restraints Must Be Used Only In Emergencies

The nursing home employee laws also make it clear that the employees can us restrains only in the most emergency situations. There can be cases, where a specific patient needs to be physically restrained as part of the process of providing them adequate care. Any restraints that have been used must be removed immediately as soon as the situation improves. Besides that, the laws also require the employees to do a thorough reassessment regarding the need of restraints to specific patients frequently after a reasonable time span, which is typically twelve hours in most states, but can vary depending upon the state the facility is located in.

Prevention Of Abuse Or Neglect

The nursing home employee laws are also very strict when it comes to preventing abuse or neglect to the patients residing in these facilities. The residents have the legal right not to be harassed or abused in any manner, be it emotional, physical, or in any other form. Unless there is a need to use some restraint or physical force as par of the process of specific treatment, employees are strictly prohibited to be involved in any such activity. Many employees use physical force in moments of anger or frustration. If that happens, civil or criminal charges can be placed against them depending upon the kind of abuse or neglect committed and the severity of the harm thus caused. Many employees also try to exploit the patients for financial purposes, which is again illegal. Employees who are not involved themselves but notice any kind of neglect or abuse in the facility against the patients must report immediately to social service.

Patient’s Privacy Must Be Respected

As per the nursing home employee laws, it is also the duty of the employees to protect and respect the privacy for the patients. As part of their job, the employees may sometimes get access to confidential and private information about the patients, the laws require them to keep such information confidential unless there is a genuine reason to share it, such as when a higher medical authority asks for that information or when required for legal purposes. It is also legally mandatory for the employees to maintain proper records, such as the complications or injuries caused to the patients during their stay in the facility. Besides that, proper records must also be maintained regarding the different types of medications and treatment procedures that the patients received.

Last, but not the least, the nursing home employee laws also make it mandatory for the employees to ensure highest level of care to the patients. For example, the must provide two or more snacks and three full meals to the residents. Besides, medications as and when needed must also be provided in a timely manner. Most importantly, the employees working in nursing home facilities must not discriminate against the residents on the basis of wealth, sex, age, or race.

Identify The Type Of Abuse

Not all lawyers can handle all types of nursing home abuse cases. Patrick Courtney, fighting against domestic violence charges can help which such cases. Therefore, the first thing you have to do is to identify the type of neglect or abuse that has occurred, such as whether the abuse is sexual, verbal, psychological, or physical. Before you contact an elder abuse attorney, you must also try to get all evidence and facts organized on your level. This way, the attorney will be able to do a quick analysis of your case and will be able to tell if you have a strong or weak case.

Do Some Basic Research

You are also advised to spend some time to acquire at least the basic understanding of how the state and federal laws work in these types of cases. You will able to make a more informed decision if you can find out whether similar lawsuits or complaints have already been filed against the same facility. All of this information will help you determine whether the lawyer you are considering hiring is the best one to handle your specific case.

Qualifications

Most attorneys offer the first consultation free of cost. You can take advantage of that and discuss your case with at least 3-4 lawyers one by one. While you are consulting with a nursing home abuse attorney, you must inquire about their specific qualifications and experience in this field of law. Considering the very fact that there are so many attorneys available out there, you may find it a daunting task to choose the best one out of them. This process will require you to do some basic research. You should be more careful while you are researching their credentials. Make sure that the lawyer you are considering hiring is duly licensed to practice law in your area. Look at the number of cases they handled and what their success rate is, especially in cases that are similar to yours. Ask for some references. You can also contact the local bar association to find out more information about the attorneys. If there have been complaints against a specific attorney, you must take it as an alert sign.

Comfort Level

You must also be comfortable working with the nursing home abuse attorney you are considering hiring. The best lawyer for you is the one who is not only highly qualified and experienced with a great success record but is also who is genuinely concerned about the problem of elderly abuse and is quite sympathetic to your case. Many attorneys talk to you only during the first consultation and when you sign an agreement, they leave your case for your assistants to handle and it becomes very difficult for you to access the attorney. Therefore, you must inquire about it clearly right in the very beginning whether they are easily accessible or not. A reputable attorney is not only easily accessible when you need them but is also willing to keep you updated with each and every development that takes place in your case.

Last, but not the least, before you hire a nursing home abuse attorney, make sure you have no confusion about the terms regarding their fees. In general, it is not wise to hire a lawyer who charges a hefty mount of money in advance. The best lawyer for your case is probably the one who charges their fee on a contingency basis, which means no win no fee. The contingent fee is typically applicable in cases where the lawyer is expecting to win you a certain amount of monetary compensation. The contingent fee is actually a certain percentage of that compensation that the lawyer keeps as their commission.

Breach Of Contract

Most nursing home facilities provide their services as part of a contract between them and the residents. Therefore, the caregiver in some cases may also be found guilty of breach of contract. The patients and their loved ones have the legal right to file a lawsuit against the nursing home facility in case they find that there has been violation of the contract and that they are not providing the kind of services as they promised. However, it is important to note that breach of contract is not a criminal offence and the lawsuits can be filed only in civil courts.

Wrongful Death

Sometimes, the abuse is so severe that it results in the victim’s death. As per the Nursing home abuse laws in Michigan, in cases of wrongful death, where a patient dies because of severe violation in prescribed treatment rules, criminal charges are placed against the caregiver. Any violation of such rules that results in the death of a patient attracts certain penalties that include up to $75,000 of monetary fine and/or five years of jail imprisonment. In many cases, the court even seizes the license and orders to close the facility.

Neglect

The abuse in Tampa lawyer for assault charges is considered as a misdemeanor when the nursing home staffs are guilty of criminal negligence. In these types of cases, the patients have to suffer from mental or physical harm because of inaction. The penalties for this type of crime include up to $1,000 of monetary fine with or without up to twelve months in prison.

Penalties Vary Depending Upon Whether It Is A First Degree, Second Degree, Or A Third Degree Abuse

“Vulnerable adult abuse in the first degree” is considered as the most severe type of abuse. In these types of cases, serious mental or physical harm is caused to the patients intentionally by the nursing home staff members. As per the Nursing home abuse laws in Michigan, the penalties for this type of crime include up to $15,000 as monetary fine and/or jail imprisonment for up to fifteen years. However, if the crime was not intentional and the harm caused to the victim was a result of the recklessness, it is considered as a “vulnerable adult abuse in the second degree”. The penalties for this type of abuse may include up to $5,000 of monetary fine and/or up to four years of jail imprisonment. The third degree abuse is punishable by up to $2500 of monetary fine with or without up to two years of jail imprisonment.

Overall, the Nursing home abuse laws in Michigan are very strict. The more you are informed about the laws and you legal rights, the more you can protect your loved ones who are residing in nursing homes.

Proof Of Abuse

When it comes to filing complaint in order to stop nursing home abuse, the first thing you have to do is to gather proof of evidence. Even though you have no proof and your case is genuine, you can still file the complaint. But, your case will be considered as more credible if you have proof. There can be different types of proofs that you can present with your complaint, such as unexplained injuries to the victim. Sometimes, the abuse is not visible. There may not be sign of any physical abuse, but if you have noticed negative changes in behavior and personality of the victim, you can use it as proof.

File A Complaint With The Nursing Home

There is a step by step procedure when it is about filing complaint to stop nursing home abuse. You can start by filing a complaint with the administrator of the nursing home. It is possible that the person in charge of the nursing facility is not aware of the incident. When you file a complaint in writing, it is a proof that the administrator is well aware of the abuse. Wait to see what kind of actions they take to solve the problem.

File An FIR With The Police

If the person in charge does not take adequate actions to stop the problem even after you did your best to bring their attention to the incident, you can go ahead and file an FIR with the police. Notify the administrator in advance that you are going to file an FIR. Also, send them a copy of the FIR.

Call A Nursing Home Abuse Hotline

You can also call a hotline number to file a complaint to stop nursing home abuse. You can find the number applicable in your state by visiting the official website of the National Center on Elder Abuse. If you are unable to locate a number applicable in your state, you can simply call at 1-800-677-1116. Do not call after 8 pm or before 9 am. When you give a call, the representative out there will guide you on how to proceed with your complaint. They will let you know about the different places in your area where you can report the abuse. It is important to note that this service is not available on weekends (Saturday and Sunday).

If the abuse is a very serious one and you believe that your loved one or anybody (who you know) residing in a nursing home is in immediate danger, you should straightaway give a call at 911. Overall, as you can see, it is a step by step procedure when it comes to filing a complaint to stop nursing home abuse.

Do You Need A Lawyer?

In order to report nursing home abuse, it is not legally mandatory for you to have a lawyer to represent you. But, it is often preferable to have one, as it will help you make the best use of your legal rights. Your personal injury lawyer will make sure that your rights and interests are well protected and that you get a fair judgment. If you have good knowledge about the basics of the legal procedures associated with these types of cases, you can choose to go ahead without a lawyer – the decision is entirely up to; there are no legal obligation regarding this. If you are considering hiring an attorney, make sure you a Personal Injury Law Firm that works on a contingent fee basis, which means you will be liable to pay their fee only if they win a certain amount of monetary compensation for you. Such lawyers usually charge a certain percentage of the total compensation received. You may also seek an economic damage analysis from experts in evaluating tort cases.

File An Official Complaint With The Director Of The Facility

The first thing you have to do is to contact the director of the facility and report nursing home abuse by submitting an official written complaint. As part of the process, you may be required to provide a confidential written statement with complete details of the incident. This statement plays a crucial role. So, you are recommended to prepare it carefully. Make sure that the information you are providing are 100% true. Do not try to manipulate with the facts just in an attempt to make your case stronger. Providing false information is an illegal activity and legal charges may be placed against you for that.

Fill Out The Incident Report Form

In addition to the statement, you are also likely to be asked to fill out an incident report form, where you will again have to provide complete detail relevant to your case. The most important sections in this form are “the type of abuse”, “the parties involved”, “the date and time of the incident”, and “the type of loss (injuries, monetary loss, or psychological torture)”. Make sure you keep a copy of everything you are submitting, including that of an incident report form.

Get The Report Forwarded To The Board Of Nursing In Your State

If the case does not get settled through negotiations and talk, you can forward the complaint report (along with a copy of the form submitted to the director of the facility) to the state’s board of nursing that will start further investigation process.

Monitor The Progress

Once you report nursing home abuse, you should not just sit back and wait; instead, you should keep contacting the state board of nursing to be updated on the progress in your case. After the investigation process is complete, a closing statement of the investigation is released by the Board. The copy of that statement is sent to all parties that were involved in the case.

File A Lawsuit In The Court

If you are not satisfied with the judgment passed by the board, you can file a lawsuit against the facility in the court. The court will look into each and every aspect of the incident reported (based on the proofs ad evidences provided in support), listen to the arguments of the lawyers, and then will issue a judgment accordingly.

Respect

To start with, nursing home residents have the right to get respect. They have the right to be called by any formal name or nickname they prefer. Visitors or nursing home staff members may not use them as subjects of ridicule. Besides that, they may not be forced to attend or not attend specific activities, such as field trips or worship services. It is entirely up to the patients to decide which activities they should participate and which ones they should not participate in. Any type of neglect or abuse by staff members is strictly prohibited. The elderly nursing homes must fulfill the basic needs of all the patients (such as food, clothing, and cleanliness) without resorting to anger or violence.

Restraints

There are also certain legal regulations regarding the use of restraints. Restraints refer to all such activities that restrict patient movements. Accidents which may cause slip and fall injuries are common in nursing homes so they may use specific restraints (such as bedside rails, wrist wraps, vests, and other such things) only if it is necessary to protect the patient. The restraints must also be checked thoroughly on a regular basis to make sure that patients are not being hurt because of that. If there are signs of skin breakdown (such as redness) or when the risks pass away, the restraints must be removed immediately.

Fees And Services

Elderly nursing homes must charge fees on the basis of the kind of services opted by the patient. Before getting admission, the patient must be clearly informed about the different kind of services that are available here and how much they cost. Patients have the right to choose only those services that are suitable for them. They must be charged only for those selected services.

Use Of Money

The residents of these elderly care centers are also free to use their money as they want. The nursing facility may not force the patients to put their money in a banking system (which is common in many centers). Any such thing must be done only after the patients give their consent. The staff members of the facility are strictly prohibited from taking or borrowing money from the patients. In case there is a plan to start a business they can seek the help of Hopkinsinsville business formation lawyers.

Privacy

Privacy is one of the most important aspects of the rights of patients residing in elderly nursing homes. People residing here have the right to privacy, especially in cases where they are getting personal care. Before giving such care, the visitors (if any) must first be asked to leave and window blinds, privacy curtains, and doors must be closed properly. Besides that, patients also have the right to keep their personal belongings to themselves while such care is being given except in cases where those belongings are disturbing other residents or interfering with the patient care.

The patients residing in elderly nursing homes also have the right to privacy when their spouses visit them.