Nursing Home Malpractice
 
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With more and more seniors using long-term assistant care, there is the greater chance for abuse. Approximately one million senior citizens are abused every year in the United States. Nursing home abuse happens when the rights of residents are violated and those rights are governed by both state and federal regulations. The Omnibus Budget Reconciliation Act (OBRA) 42 USCA 1396 et seq. and 1395 et seq., is the federal statute which spells out how nursing homes are ultimately responsible for the health, medical care and well-being of their residents. One such protection is the requirement of the nursing home to list and give all new residents a copy of their right. The rights include, but are not limited to:
- Respect: the right to be treated with dignity and respect.
- Services and Fees: resident must be informed in writing about services and fees before entering the nursing home.
- Money: the right to manage their own money, or choose someone to manage it for you.
- Privacy: the right to keep and use personal belongings and property so long as it doesn't interfere with the rights, health, or safety of others.
- Medical Care: the right to be informed about your medical condition, medications, and to see the doctor of choice. This also includes the right to refuse medications and treatments.
A federal bureau known as the Health Care Financing Administration oversees compliance with these regulations. HCFA enforces guidelines for the evaluation, care and treatment of residents, aimed at maximizing the quality of each resident's daily life and minimizing abuse and neglect. If substantial compliance is shown, certification of the home is continued and the home can continue to receive government funds such as Medicare/Medicaid. If not, the home may lose its ability to receive these benefits. Care is expected to improve as nursing homes take steps to prevent injuries and avoid litigation, which is increasing.
If you determine that you or a loved one has been the subject of abuse or neglect, and litigation is an avenue you would like to pursue, it is important to obtain as much evidence and information as possible. A a review of the medical records is critical and all available family members, friends and witnesses should be interviewed to determine if there is any additional information regarding the elder's treatment or documents which will assist in evaluation. This should include inquiries regarding complaints and/or third party investigations by governmental authorities. Because most victims in nursing home cases are long past the stage of earning wages and often have short life spans, analysis of these cases is different. Important factors which may impact the amount of damages that may be recovered include the egregiousness of the nursing home's conduct, whether a pattern of neglect can be shown, and whether injuries from the nursing home's negligence can be distinguished from the resident's existing disease process.
Blackman Legal Group is committed to upholding the quality of care in our long-term care institutions by taking swift legal action to compensate nursing home residents and their families for injuries resulting from neglect or inadequate care. Only this way will the quality of care for all residents be assured. If you feel that you or a loved one has been victimized by medical malpractice while in the care of a senior citizen facility, call Blackman Legal Group now at 1-800-444-5602 or CLICK HERE TO SUBMIT YOUR QUESTIONNAIRE FOR A FREE CASE EVALUATION. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.