Numerous standards and regulations apply to nursing care facilities and their staff, and nursing home residents have legally guaranteed rights regarding their safety and their health. However, these rules, unfortunately, do not guarantee that residents will be safe from all forms of negligent harm. When the careless actions or omissions of nursing home staff result in injuries, you could seek justice on behalf of your loved one through legal action.
If you or someone you love sustained bodily injury due to nursing home abuse or neglect, you may wish to speak with a Brighton nursing home abuse lawyer. Alerting a skilled attorney to a nursing home’s violation of the standard of care or a resident’s rights could be the first step to protecting your loved one and their rights.
Rights of Nursing Home Residents Under Federal Law
All nursing facilities must ensure they protect the rights of residents under the Nursing Home Reform Act. The rights that this Act guarantees to nursing home residents include:
- Freedom of choice regarding treatment decisions
- Freedom from restraints
- Privacy and confidentiality
- Freedom to communicate grievances regarding treatment or the lack thereof
In this context, freedom of choice means that nursing home residents receive adequate information about their current care and proposed treatments. Unless the resident is found to be incompetent, nursing home medical staff should include the resident in all decisions regarding their future course of treatment.
Freedom from restraints means nursing home staff should only use restraints when it is necessary to ensure a resident’s safety and authorized by a physician’s written order. A patient’s privacy and confidentiality rights refer to communications, visits, and residents’ records. Finally, residents have the right to communicate their grievances regarding care without fear of repercussions.
Residents and patients should be informed of their rights at admission to a nursing care facility. If this does not occur, or there is suspicious that has a nursing home has violated these rights, an elderly care abuse lawyer in Brighton could help determine if a nursing home or their staff has failed to provide adequate care in accordance with their legal duties.
Evidence in Nursing Facility Mistreatment Cases
Medical records may contain valuable information to support a claim of nursing home abuse, especially since some elderly individuals are particularly susceptible to certain types of injuries and conditions. If nursing facility staff members dismiss these important aspects of patient care, their actions may constitute legal negligence.
Nursing home abuse or neglect could lead to injuries and conditions such as:
- Dehydration and malnutrition
- Pneumonia or untreated illnesses
- Pressures sores and ulcers
- Depression or mood changes
Even if a patient is unable to provide detailed information themselves, documentation of patient care may contain vital information regarding dates and individuals involved in the patient’s care that establishes who provided care to a patient and in what capacity. A knowledgeable nursing home abuse lawyer could use this documentation to evaluate the standard of care and determine if a patient’s rights were violated.
Reach Out to a Brighton Nursing Home Abuse Attorney Today
When you place a loved one in an assisted living facility, you trust that the staff will treat residents with respect and provide the utmost care. However, if you notice signs of abuse, you may wish to contact an experienced Brighton nursing home abuse lawyer.
Dedicated legal counsel could investigate the potential abuse and help you determine the best course of action. Allow an experienced attorney to hear your concerns during a free consultation and help protect your loved one.