Nursing Home Neglect? Your Legal Rights & How To Take Action Today
When people make the difficult decision to place an elderly member of their family in a nursing home, they naturally expect the staff to protect their loved one.
Nursing homes must provide safe, dignified care, but neglect can occur. Understanding residents’ legal rights helps families protect their loved ones and take action when needed.
The experienced lawyers at Williams Newman Williams are dedicated to holding nursing homes accountable for the harm they do against elders under their care. We’re proud of the reputation we’ve earned and can help you pursue the maximum compensation as your lawyers for nursing home neglect.
You may be wondering what is considered negligence in a nursing home or have questions about how to prove nursing home neglect.
We’ll cover the key legal rights enjoyed by nursing home residents, as well as details to help you recognize signs of neglect and abuse. If you suspect abuse is occurring, read on for advice on how to proceed, with insight into your options for legal actions for neglect cases.
Key Legal Rights of Nursing Home Residents
When you enter a nursing home, you don’t surrender fundamental legal rights at the door. Here are the chief legal rights of residents for you to keep top of mind:
Right to Dignity and Respect
When living in a nursing home, you deserve to be treated respectfully and maintain your dignity. For example, you must retain independence in how you want to be groomed, when you eat your meals, and what kind of recreation you prefer, whether going for a walk, watching a movie or playing pickleball.
Freedom From Neglect and Abuse
Residents in nursing homes have legal protection against neglect and abuse, including:
- Verbal abuse
- Financial abuse
- Sexual abuse
- Physical abuse
- Emotional abuse
Right to Adequate Medical Care
Nursing home residents are among the most vulnerable of our population. They should get customized medical care that takes their specific conditions into account. The facility’s staff must also give patients complete information about the state of their health and treatment options.
Nursing homes are required to offer services to keep patients healthier and safe, such as:
- Managing medications
- Offering nursing care
- Providing physical therapy
However, residents aren’t obligated to accept a proposed treatment plan. They can decline to take medications or undergo procedures.
Right to Safe and Clean Environment
The nursing home should be a comfortable, clean and safe place to live, with staffers paying close attention to patients’ hygiene. This right extends beyond basic cleanliness to encompass a sense of dignity and well-being. Nursing homes should maintain a consistently high standard of hygiene and safety, ensuring residents feel respected and comfortable in their living spaces.
Right to Social and Recreational Engagement
This includes hobbies and group activities. Every resident deserves the chance to pursue personal fulfillment through social interaction and enjoyable activities. Nursing homes should actively support and facilitate opportunities for residents to engage in hobbies, social events, and recreational programs that align with their interests and abilities.
Freedom From Restraints
Nursing homes should only use chemical or physical restraints when it is a medical necessity. Residents have the right to live with dignity and autonomy, and restraints should never be used for convenience or as a form of punishment. Any use of restraints must be carefully documented and regularly reassessed to ensure the resident’s safety and well-being.
Control Over Finances
Residents maintain control over their finances unless they voluntarily have another person manage their affairs. This right supports residents’ independence and dignity. Nursing homes must respect residents’ financial autonomy and provide assistance only when requested or legally mandated.
Right To File Complaints
Residents and families can file complaints without worry of retaliation. This right is essential for advocating for quality care and driving improvements in the nursing home. Facilities should actively encourage feedback and view complaints as opportunities to enhance their services and address any issues promptly.
Recognizing Signs of Neglect
It’s important to understand the signs of nursing home abuse and neglect.
- Physical Signs: Look for bedsores, infections weight loss and unexplained injuries.
- Living Conditions: Does the facility have dirty rooms? Check for soiled bedding, and lack of proper food and water.
- Emotional Changes: Does your loved one show signs of withdrawal, depression, or seem fearful of caregivers?
What To Do if You Suspect Neglect
- Speak With Staff: Address concerns directly with caregivers or administrators.
- File an Internal Complaint: Nursing homes must investigate and respond to all complaints.
- Contact an Ombudsman: An ombudsman works as an advocate while helping with complaints and resident rights.
- Report to Authorities: File a report with your local adult protective services or licensing agencies.
Legal Actions for Neglect Cases
You have three main actions to undertake when you suspect a loved one is being neglected:
- Gather Evidence: When you notice signs of neglect, start documenting the elder’s injuries and living conditions with photos and videos. Reports from nurses and doctors can be crucial when pursuing legal action against nursing homes, so collect medical records.
- Consult an Attorney: Your lawyer will assess your case and advise you on the next steps.
- Pursue a Lawsuit: Hold the nursing home accountable. Seek compensation for all medical costs, pain and suffering.
Pursuing Legal Actions to Address Nursing Home Neglect Cases
Nursing home residents have rights protecting their safety and well-being. Families should stay informed, monitor care, and act when violations occur. Legal support can help hold negligent facilities accountable.
It’s best to work with a personal injury attorney familiar with signs of elder abuse in nursing homes and who has significant experience taking legal action against those responsible for harming the seniors they’re supposed to be looking after.
Are you or a loved one experiencing abuse or neglect at a nursing home? The attorneys at Williams Newman Williams have recovered millions for their clients and can help you. Contact us today for a free consultation.
