Answering Your Frequently Asked Questions About Nursing Home Law

Hospital Negligence Lawyer

If you have a loved one in a nursing home, it is safe to say that you expect them to get the best care possible. So if they become a victim of a dangerous situation, it is easy to feel betrayed, confused, and not know where to start. In order to ensure you have as much knowledge about nursing home neglect as you can, here we answer some frequently asked questions about nursing home law.

What is Nursing Home Neglect and Exploitation?

Nursing home neglect happens when the patient is withheld proper services meant for their care; a lack of food, shelter, medicine, and medical care. Exploitation, on the other hand, is defined differently from state to state. However, some of the general definitions for nursing home exploitation include:

    • The misuse of a person’s property or financial assets

 

    • The wrongful use of a person’s property for advantage of a staff member

 

    • Resources that have been obtained without the owner’s consent/knowledge

 

  • The usage of duress, deception, or false pretenses

It is also important to mention that it doesn’t matter if these injuries were caused intentionally or carelessly, these cases can be brought to trial no matter the cause.

What Rights Do My Loved Ones Have While in a Nursing Home?

Federally funded nursing homes require that each person is treated with respect, and that they are free from physical, mental, and sexual abuse. Additionally, staff members are not allowed to use physical or chemical restraint for disciplinary purposes. State funded nursing homes, conversely, have a different statue of regulations to abide by, which vary from state to state.

What Are Some Examples of Nursing Home Neglect?

While there are many different types of nursing home neglect, there are some common symptoms you can look for, including:

    • Physical assault

 

    • Verbal assault

 

    • Not administering medication properly, such as giving too much or too little

 

    • Lack of proper hygiene

 

    • Inadequate food and water

 

  • Sexual assault

If you have a question about if your loved one has been a victim of nursing home neglect, our team will be able to discuss the details of your case and give you a timeline of next steps.

What Specific Signs Should I Look For That Show Possible Neglect?

Again, every case differs but there are some things you can keep an eye out for. This includes but is not limited to; bruises, broken bones, dry lips, lack of eye contact, a drastic change in mood, unexplained weight loss, and lack of energy.

Even if My Loved One Doesn’t Have a Contract With the Nursing Home, Can They Still Take Legal Action?

Yes, even the survivors of the victims are able to take legal action if there was no contract signed as there are different legal rules created for this exact purpose.

Since you have entrusted the nursing home with the care of your loved one, you deserve to get justice whenever possible, so if you have any questions about a contract or lack thereof, please do not hesitate to ask a nursing home neglect lawyer Phoenix, AZ residents rely on.

 


 

Thank you to our friends and contributors at Rispoli Law, PLLC for their insight into nursing home law.