According to the most recent federal study by the Health Care Financing Association, more than 91 percent of the nursing homes in the United States have insufficient nurse aid staffing levels to provide the necessary care to nursing home residents. In addition, more than 40 percent of all nursing homes would have to increase nurse aid staff by 50 percent or more to reach the minimum threshold necessary to meet the residents’ needs.
Alabama Nursing Home Abuse Lawyer at Belt & Bruner, P.C.
The attorneys of the Belt & Bruner, P.C. are dedicated to representing those injured or killed because of abuse in the nursing home. Unfortunately, reckless and negligent behavior by nursing home staff is the primary causes of such abuse. It has been called “the hidden crime” because it is often difficult to recognize, it has been concealed by nursing home staff, or the victims may be too frightened or incapacitated to communicate the abuse. Nursing home abuse and deaths are rarely detected by government inspectors, assessed by medical examiners, or investigated and prosecuted by law enforcement.
Our Nursing Home Lawyers Will Fight for Victims of Elderly Abuse in Nursing Homes
Every day, nursing homes are being cited with violations of state and federal laws, and your loved ones might be in harm’s way. Even with strict regulations, nursing home residents suffer abuse and neglect at the hands of those charged with helping them. Abuse may take the form of assault or battery, sexual abuse, rape, unnecessary physical restraint, insufficient food or water or the improper use of medication. Residents who are neglected may suffer lack of hygiene, lack of medical attention, bedsores, malnutrition, dehydration, emotional isolation, and “slip and fall
Under the Nursing Home Reform Act of 1987, a nursing home is required to “provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident” in accordance with a specific plan of care. To obtain Medicare and Medicaid funds, nursing homes must also comply with the U.S. Code of Federal Regulations policies for long-term care that specify that Nursing Homes must:
- Have sufficient nursing staff to provide nursing and related services,
- Develop a comprehensive care plan for each resident,
- Prevent the deterioration of a resident’s ability to bathe, dress, groom, transfer and ambulate,
- Ensure that residents receive proper treatment to maintain vision and hearing abilities,
- Ensure that residents do not develop bedsores,
- Provide appropriate treatment and services to incontinent residents,
- Ensure that the resident receives adequate supervision and assistive devices to prevent accidents,
- Ensure that residents are free of any significant medication errors,
- Promote care for residents in a manner and environment that maintains or enhances each resident’s dignity,
- Ensure that the medical care of each resident is supervised by a physician and must provide or arrange for the provision of physician services 24 hours a day, in case of an emergency, and
- Provide pharmaceutical services.
There are several ways that you can file suit against an abusive or neglectful nursing home, including fraud, neglect, financial irregularities, failure to provide adequate care, wrongful death
, breach of contract, pain and suffering, or failure to comply with nursing home statutes. One of the most effective ways to improve the lives of nursing facility residents is to take legal action when problems are discovered, in order to discourage the continued violation of basic human rights, as well as federal and state laws.
Do you have more questions regarding nursing home abuse? Speak with a nursing home attorney today at Belt & Bruner, P.C.!
The nursing home litigation attorneys of the Belt & Bruner, P.C. can advise you of your loved one’s legal rights, tell you what remedies what might be available, and what action to take.
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