Nursing home residents who are neglected or intentionally punished or harmed by their caregivers may be feeling overwhelmed by their situation. But nursing home residents have federal and state rights that protect them from such behavior, and they could do something about it.
If your elderly loved one has been abused or neglected while living in a nursing home, you may have legal recourse. An experienced personal injury lawyer could save you from the headaches that come with pursuing legal recovery on your own. A Euless nursing home abuse lawyer could review your circumstances and might be able to help you determine what your options are moving forward.
Federal and State Protections
The federal government has taken the initiative to put protocols in place that help prevent nursing home abuse from occurring across the nation. One of the staple pieces of legislation that continue to protect nursing home resident rights is the Nursing Home Reform Act of 1987, codified under 42 U.S.C. §1395i-3. Some of these protections were outlined in the Act’s “bill of rights,” which include the following:
- The right to voice grievances against nursing home facilities and staff members without reprisal
- The right to privacy
- The right to be free from physical and chemical restraints
- The right to be free from abuse, neglect, and mistreatment
- The right to physical, psychosocial, and mental accommodations
- The right to dictate their own treatment, as well as participate in family and residential group activities
State Protections
The Texas Department of Aging and Disability Services monitors regulations that act to prevent nursing home abuse in Euless. One of those regulations states that residents are required to receive services needed to maintain the highest possible wellbeing mentally, physically, and psychosocially.
In addition, nursing home facilities must have comprehensive care plans for each of their patients. These plans have to include information pertaining to the patient’s medical treatments, drugs, social services, and even their personal items. As enacted in the Nursing Home Reform Act and reiterated in state law, other rights that are enjoyed by nursing home patients are the quality of hygienic conditions, dietary needs, medicinal needs, as well as staffing and facility requirements.
For a free legal consultation, call (817) 775-5364
Seeking Relief for Nursing Home Abuse in Euless
Depending on the circumstances, a nursing home abuse victim in Euless may be pursuing different kinds of relief. For example, if the abuse that took place resulted from negligence, the victim would have to show the following four elements:
- Duty
- Breach
- Causation
- Harm
Nursing home facilities have a duty to act with reasonable care toward their residents. Regularly failing to change bedsheets, keep up with dietary needs, or infringing on a patient’s rights unintentionally, are all examples of breach, and could serve as potential grounds for a negligence case. Residents may also be intentionally abused in cases such as assault, battery, or false imprisonment. Under both negligence and intentional abuse cases, residents may seek economic, noneconomic, property, or punitive damages.
Euless Nursing Home Abuse Lawyer Near Me (817) 775-5364
Contact a Euless Nursing Home Abuse Attorney Today
There are many forms of abuse that could take place in a nursing home. If any of the protections and rights afforded to nursing home residents is violated by a staff member of the facility, residents have experienced an abuse of their rights. If your elderly loved one was physically, emotionally, sexually, or financially abused, you should reach out to a Euless nursing home abuse lawyer as soon as possible. Let a compassionate attorney help you seek justice. Call today to schedule a consultation.
Call (817) 775-5364 or complete a Free Case Evaluation form
