Nursing Home Neglect and Your Rights

your rights during elder neglect

Nursing home neglect is unfortunately common. According to the National Council on Aging, 10 percent of Americans over the age of 60 have suffered some form of elder abuse or neglect. Sadly, residents of nursing homes and assisted care facilities may become victims of neglect by the very staff who were trusted to care for them. When this occurs, families must know how they can protect their loved ones from future abuse and neglect, while holding abusive caregivers and institutions accountable. A nursing home neglect attorney can help you do just that.

What is Nursing Home Neglect?

Nursing home neglect is a category of elder abuse. However, it differs from nursing home abuse slightly. The law defines “elder abuse” as “acts of omission or commission that result in harm to the health and welfare of older adults.” What this means is that if a facility or its employees either do something they shouldn’t (whether negligent or intentional) or fail to act when they should, and there is harm, a claim may be brought. Intent to harm is not required. Abuse is a broad category and can include such things as assault, unreasonable confinement or dropping a resident.

On the other hand, “neglect” refers to a pattern of conduct which results in the deprivation of such things as food, water, clothing and medical services.

Examples of neglect can include, but are not limited to:

  • Inadequate care
  • Failure to comply with safety standards, especially for patients with mobility issues
  • Failing to help residents who ask for assistance
  • Not providing adequate medical treatment or oral care
  • Not caring for wounds properly
  • Over or under- medicating

Nursing Home Resident Rights

Seniors and vulnerable adults have the right to appropriate care and respect in a residential facility. Federal and state laws protect you from harm and ensure that you get the services you require. These include the right to:

  • Have your personal information kept private
  • Be treated with respect
  • Freedom from abuse and neglect
  • Participate in activities
  • Freedom from discrimination
  • Freedom from restraints
  • Information about your care
  • Receive proper medical care
  • Have your representatives notified
  • Manage your own money
  • Spend time with visitors
  • Get social services
  • Leave the facility for visits or for moving
  • Protection against unfair discharges or transfers

If you believe that the nursing home violated your rights or you worry that your loved one is a victim of nursing home neglect, you need help. A nursing home neglect attorney can help you through the legal process of filing a claim and taking legal action against the negligent institution.

Need More Information? Speak with an Experienced Nursing Home Neglect Attorney at Our Firm

If you have questions about nursing home neglect, we can help. Call our law firm today. A reputable, experienced nursing home neglect attorney at Miller Kory Rowe LLP will be there every step of the way to support you through the legal process. We represent injured nursing home abuse victims and their families and can hold abusive caregivers and negligent institutions accountable. Contact us today by calling (602) 461-8640 or by submitting a contact form online.

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