The widespread reports of nursing home abuse has prompted the government to enact legislation in 1987 which demanding nursing homes that participate in Medicare or Medicaid to follow specific rules to ensure quality of care. The Nursing Home Reform Act states that nursing home have the responsibility to “…provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial wellbeing or each resident in accordance with a written plan of care”. In order to engage in Medicare or Medicaid, all nursing homes should comply with federal requisites, especially for long-term nursing care facilities.

As the numbers of older patients in nursing homes and other assisted living communities increase, the seniors are being put in a very susceptible position for various types of nursing home abuse and this should cause alarm to many adult children and grandchildren on these elderly patients. As stated on the website of Habush Habush & Rottier S.C., whether the abuse was intentional or not, the family of the patient has the right to sue the doctor, nurse, hospital, or anyone who has caused abuse in the nursing home.

Just as there are several types of abuse that can happen to an elderly patient in a nursing home, there is also a number or claims that the family of the abused can file against the nursing home or assisted living communities. These can depend on the actions, whether they are physical or sexual in nature, verbal abuse, financial abuse (by way of consumer fraud or identity theft) or false imprisonment. Because in general, nursing homes have high standards of care, the family can also cite neglect in their lawsuit. They have to prove in court that the neglect was the cause of injury or abuse to their elderly family member.

Most nursing home abuse lawsuits take time to finish because they are complex and most nursing homes and assisted living communities are under corporations. Hiring an attorney who knows about this type of tort could help prevent your nursing home abuse lawsuit from being buried in the defendant’s paperwork. Once there is even little evidence of nursing home abuse, it would best to contact legal help to understand the next possible action.


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