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Recourse For Nursing Home Abuse

Recourse For Nursing Home Abuse

Putting a family member in a nursing home can be emotional. Because you can’t be a full-time caregiver to an aging family, you place your trust in others to do so —and this can be expensive. When people pay upwards of $8000 a month, they deserve high-quality care. Discovering that your elderly family member suffered needlessly or was a victim of negligence enables you to take action against the facility. 

Because of the 1987 Nursing Home Reform Act, residents of these facilities have rights. It states that they have the right to be free from abuse, neglect, and mistreatment. Put yourself in a better position to protect them by understanding the following two things:

  1. What constitutes abuse
  2. Who is responsible if it occurs

What Is Abuse?

The Nursing Home Reform Act specifies what the residents’ rights are. To summarize, most of them are directly tied to acts of abuse and neglect. They also cover the right to privacy, file grievances, and communicate freely. You may overlook that the facility should be taking the proper steps to safeguard its residents. Did the nursing home or long-term care facility take the appropriate steps before hiring the staff members? These are the types of questions that speak to who is responsible. 

For example, imagine that you discover that your loved one was confined by physical restraints—something that is mentioned explicitly in the Resident’s Bill of Rights. The staff member will be held accountable, but did the facility conduct proper background checks and screenings before placing the resident’s care in their hands? 

Who Is Responsible?

As highlighted above, there are different ways multiple people could have prevented or contributed to the incident. The person or people responsible are dependent on the specifics of the situation. When you meet with an attorney, you may find that you can direct civil litigation against the person who committed the act, the facility, or even a third party that the facility hired. These can be cleaning companies, food providers, or anyone employed by the facility. 

Silberstein, Awad & Miklos, P.C.

Protect the people who matter most to you. Nursing homes and long-term care facilities that abuse or neglect their residents violate the trust that you place in them. Contact Silberstein, Awad & Miklos to schedule a free consultation. We want to hear the details and specifics of your case so that we can begin to find the responsible parties.