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In 1999, an investigation by the U.S. General Accounting Office showed that 25% of the nation's 17,000 nursing homes "had serious deficiencies that caused actual harm to residents or placed them at risk of death or serious injury." Headlines included:
- "Safe, clean and fed. Too much to ask?..."
- "Nursing home resident death and injuries tied to safety rails ..."
- "Elderly overlooked, critics say..."
- "Bed rails kill frail, elderly..."
- "Bed linens not changed, pain medication
not given..."
- "Facilities understaffed, workers untrained ..."
- "Raw, bleeding pressure sores ..."
- "Who Cares? ..."
Anyone who has a loved one living in a nursing home should know that nursing home residents have a
right to a good level of care and that there are United States laws that provide for enforcement of
that right. Federal laws included in the Nursing Home Reform Act are enhanced by regulations enforced by the states to protect the rights of nursing home residents.
"The threat of a lawsuit, says Sarah Greene Burger, interim executive director for the National Citizens' Coalition for Nursing Home Reform, is one of the biggest weapons nursing home residents and their families have against deficient care."
You have the a right to information about nursing homes.
- Medicare and Medicaid facilities are required by law to let you see their survey (inspection) reports. Ask the ombudsman to help you interpret the findings.
- Your state licensing agency has a record of nursing home violations and of complaints filed against nursing homes in your the state.
- The number of staff (especially nursing assistants) should be sufficient to
give residents the care and personal attention they need.
Nursing home residents have the right to be free from physical or mental abuse. They cannot be isolated from other residents against their will. They cannot be restrained (tied down) or given drugs as a restraint if restraints are not required to treat their medical symptoms. Restraints may not be used to punish a resident or to make it easier for the nursing home staff to care for the resident.
Nursing home residents have the right to choose their personal physician, be informed about their medical care and treatment, and the right to refuse treatment.
If nursing home abuse or negligence has violated your family member's rights, you may be entitled to compensation.
The Medlaw Legal Team of Janet, Jenner & Suggs, LLC
is committed to recovering substantial damages for our clients who
have suffered from nursing home abuse and negligence.
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