When we entrust the care of our elderly loved ones to a nursing home, we expect them to be treated with dignity and respect. Unfortunately, this is not always the case, and instances of nursing home abuse are tragically common. What options do nursing home residents and their loved ones have in this difficult situation?
What legal rights do nursing home residents have?
While nursing home residents depend on staff at their care facility, the law also protects their right to be treated with dignity and respect. Nursing home residents have the right to be free from verbal, sexual, physical, and mental abuse. They also have the right to:
- Be fully informed in writing about services and fees before they enter the nursing home
- Make their own choices
- Participate in their own care planning and treatment
- Be free from restraints
- Voice complaints without facing discrimination or punishment
When a care facility does not meet these legal requirements, residents can take legal action to seek justice.
What can you do if a loved one suffers mistreatment in a nursing home?
The first step for many people with concerns about abuse or neglect in a care facility is to report those concerns to the nursing home administrator. If they do not resolve the issue, loved ones can escalate the issue.
At every stage, it is important to keep detailed records of the incidents of abuse or concerning signs like unexplained injuries or financial changes. This record should include dates, times and names, as well as any communications with the nursing home staff and administration.
You should also contact a lawyer with experience in elder abuse or nursing home litigation. They can offer guidance specific to your situation and help you understand the legal actions that you can take. They can also help you gather documentation that supports your legal claim.
In a lawsuit, victims and their families can seek compensation for medical expenses, pain and suffering and other damages resulting from the abuse. The court can also require nursing homes to stop certain practices and comply with federal and state standards. This can protect both victims of abuse and further residents.
Nursing home abuse is a serious issue that affects some of society’s most vulnerable. Taking the right steps can help families fight for the dignity and safety of their elderly loved ones.