Nursing Home Neglect
It is sadly not uncommon to hear stories about nursing home abuse, as an elder care lawyer Danbury CT trusts knows all too well. However, when many people imagine nursing home abuse, they probably are picturing terrible stories of nursing home residents that are being tormented physically and psychologically or exploited financially by their nursing home staff. While these examples are very serious types of abuse, there is another, equally as serious, type of abuse that often goes unacknowledged: neglect. With the millions of Americans who live in nursing homes throughout the country, neglect is often an understated problem that could cause a significant risk to the elderly. If you or a loved one has suffered from nursing home neglect, you may want to contact an elder care lawyer Danbury CT can turn to. The professionals at Legal Sweeney have many years of experience fighting to give voices to nursing home abuse victims.
What is Considered Nursing Home Neglect?
While the legal definition of what is considered nursing home neglect varies by state, it is usually described as nursing home staff failing to ensure or provide:
● Appropriate housing that is protected from the weather and is safe
● Adequate food
● Bathing services
● Adequate clothing for the environment
● Timely medical care
● Supervision by medical providers and staff
If a nursing home does not provide their residents with basic necessities or allows their residents to deny basic necessities for themselves, it is illegal. An elder care lawyer Danbury CT families need would be able to investigate the neglect and find the degree of illegality and how severe the violation would be by the nursing home staff.
Civil vs. Criminal Law
Nursing home neglect carries a mix of criminal and civil laws that apply to varied cases of neglect. If a nursing home staff were to unintentionally or accidentally miss a resident’s doctor’s appointment, it may not violate any law, however, if the neglect became more repetitive or serious, it could result in violations of civil or criminal laws. Once a nursing home staff is charged with civil or criminal charges, specific remedies for the neglected victim and punishment for the staff will begin.
There are many state and federal civil laws that are in effect for nursing homes. If a nursing home participates in Medicaid or Medicare, they must follow the regulations of the Nursing Home Reform Act. This law requires:
● Sufficient nursing staff
● Proper treatment and assistive devices
● Comprehensive care pans for patients
● Adequate patient supervision
● Maintaining complete and accurate clinical records
● Necessary services to effectively allow residents to carry out daily living activities
Should a nursing home not adhere to these regulations, they could receive civil or criminal charges and penalties, depending on the severity. Some examples of civil penalties include:
● Denial of Medicaid/Medicare payments
● Temporary management to oversee their facilities
● Transfer or removal of residents to different facilities
If a nursing home intentionally causes or allow a resident to be injured or their health to suffer that could result in death or great harm, they could face criminal charges, which could result in up to seven years in prison.
Make an Appointment
When you place a loved one in a nursing home facility, you are entrusting their lives into someone else’s care. It is important that nursing home staff are held accountable for their actions if they are neglecting their residents. If you believe your loved one has been a victim of nursing home neglect, you should contact an elder care lawyer Danbury CT residents look to. Legal Sweeney has experienced attorneys who have experience in nursing home law. Our team will work to give a voice to your loved one and will fight to ensure the nursing home stops their behavior and is punished for any wrongdoing. Contact an elder care lawyer Danbury CT needs at Legal Sweeney today to schedule a consultation.