The Stanley Law Offices

Tuesday, May 27, 2008

Nursing home negligence

If you or a close family member resides in a nursing home, it is imperative that you understand your rights. The nursing home is required by law to act in your best interest. Negligence is more subtle and harder to identify than outright abuse, and it is also more prevalent.

Under the federal Nursing Home Reform Act of 1987, guidelines of nursing home care were adopted to ensure the general well being of residents. Any violations of the act's provisions may be construed as nursing home negligence, which could result in fines or loss of Medicare and Medicaid funding.

The act contains regulations for the following:
  • Adequate staffing
  • Proper nutrition
  • Comprehensive care plans for each resident
  • Proper hygiene
  • Activities to promote quality of life

Despite the law, many nursing homes rely on overworked and under-skilled workers to provide care. Insufficient supervision, errors in medication, and failure to assist with hygiene are all examples of neglect.

Many nursing home residents are unable to communicate effectively about how they are being treated. Some may not even realize the extent to which they are being neglected. So having an active family member visiting them and staying aware of their care and nutrition is the best way to protect them for painful and puzzling, even health-threatening, situations.

If you suspect that you or someone you love is being inadequately cared for, neglected, or abused in a nursing home, please call or email our Stanley Law Offices medical malpractice lawyers. They can assess the situation and advise you of your legal rights and options.

posted by Patti at 11:47 AM 0 comments

Tuesday, May 20, 2008

Nursing home abuse

It is a difficult enough decision to put a parent or loved one into a nursing home. On top of all the other considerations on where to place them, you also have to watch for potential nursing home abuse, which is on the rise. Many nursing home residents are easy prey for people with abusive personalities who take advantage of the poor employment screening practices of many nursing facilities.

Abuse can be verbal, physical, or sexual in nature and is sometimes difficult to detect. Many of the poor victims of abusive caregivers are unable to speak up about how they are mistreated. They either lack the communication skills to tell their family what is going on, or may not understand themselves what is happening. It is imperative for family members to recognize signs of possible abuse.

Potential areas of abuse include:
  • Improper physical restraint
  • Unexplained injuries
  • Isolation
  • Withholding medication
  • Verbal, physical, and sexual abuse

Do not assume that abuse won't happen to your loved one. It is important to check up on them frequently, so that the administrator and staff know you are interested and will check up on your family member's care. Ask questions about how they're doing and examine them for signs of physical abuse. If there are any incident reports, be sure and look at them.

If you suspect abuse of a loved one in Pennsylvania or New York, please contact the medical malpractice lawyers at the Stanley Law Office to protect their rights.

posted by Patti at 11:45 AM 0 comments