Mann Law Firm - December 2019

www.MannInjuryLaw.com

478-742-3381

DECEMBER 2019

The Laws of Nursing Home Neglect

assessment of each resident’s functional capacity. After this evaluation, a thorough care plan must be developed.

Our loved ones work their entire lives to provide for their families, but unfortunately, some of them don’t get the care they deserve later in life. According to NursingHomeAbuseGuide.org, more than 2 million cases of elder abuse are reported annually, and as many as 3 million additional cases go unreported. If you believe your loved one is being abused in their place of care, you need to know the laws designed to protect them. The Nursing Home Reform Act states that care facilities “must provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care.” Facilities can claim they’re maintaining this level of care, but with these specific laws, you can pinpoint exactly if and how they’re mistreating your family members. Every facility that wishes to participate in Medicare and Medicaid must have sufficient nursing staff per federal law. Before they begin care of a patient, facilities must conduct a comprehensive and accurate initial

It is the staff’s responsibility to prevent the deterioration of a resident’s hygiene, vision, hearing, and ability to communicate. If your loved one is unable to carry out these activities, the facility must assist them in doing so by providing access to necessary treatments and services. For example, if your loved one develops bedsores or experiences bladder issues, their care provider must treat them immediately and restore as much normal function as possible. “…more than 2 million cases of elder abuse are reported annually, and as many as 3 million additional cases go unreported.” Even if immediate assistance isn’t needed, care providers are required to supervise patients and maintain their dignity. In addition to physical health and hygiene, a patient’s diet must also be monitored. Everyone is entitled to proper nutrition, hydration, and medication. If the patient is aware enough, they have the right to choose their activities, schedule, and health care. Throughout your loved one’s stay, the facility must maintain accurate, complete, and easily accessible clinical records. Any nursing home receiving funding from Medicare and Medicaid must comply with federal nursing home regulations. If you think your loved one isn’t receiving the care they deserve, don’t hesitate to call. You can reach us by phone at 478-742-3381 or online at MannInjuryLaw.com.

-David Mann

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