Families are often plagued with the thought of having to admit parents or loved ones into nursing homes across the Nation, but many do it because they do not believe they have the resources to keep them safe or provide adequate care in a home environment. Dementia is a common problem for elderly and a primary cause for long term care at a skilled nursing facility It is a federal violation of resident rights to disrespect and demean a 91 year old resident and post it on social media, leading to a lawsuit near Chicago. Contact an attorney if you have problems similar to this.

 

Federal laws.

Federal nursing home laws are in place to protect the residents of nursing homes to make certain they attain mental, physical and psychosocial well-being while living in a care facility, and address operational and staffing requirements to make certain residents have support they need while receiving adequate care. The Nursing Home Reform Act under Title IV: of the Omnibus Budget Reconciliation Act of 1987 created uniform guidelines for long-term care facilities receiving federal Medicaid and Medicare funding that grant all nursing home residents the rights to maintain and receive adequate nutrition, personal hygiene, mental and emotional support, and social involvement. Those who are incapable of daily living activities such as grooming and using the restroom are entitled to personalized care from nursing home staff.

Residents are entitled to receive:

• Medically-related social services
• Proper health care, such as primary and dental care
• Accurate dispensing, receipt, and administration of medicines and drugs
• Dietary services that meet daily nutritional needs of each patient
• Special services for mentally ill or retarded residents
• Personal, material, and financial privacy when requested
• Treatment that does not violate the resident’s dignity or respect

Nursing home abuse.

Nursing home abuse covers acts of negligence that cause or exacerbate existing health conditions or place residents in danger. Sometimes resident’s rights are violated unintentionally and others intentional misconduct. Nursing homes may be liable for negligence in care, negligence in hiring/firing staff, and/or negligence in training of staff, when a resident is mistreated or injured.

Types of abuse.

1. Verbal abuse – The directed use of oral, written language or improper gestures that include critical, offensive and belittling terms to residents or their families.
2. Sexual abuse – sexual harassment, sexual coercion or sexual assault.
3. Physical abuse – to hit, slap, pinch or kick or affect control by the threat of corporal punishment.
4. Mental abuse – humiliation, harassment, threatening punishment or deprivation, and gas lighting.
5. Involuntary seclusion – Separating a resident from other residents taking them from their personal space, or even confinement to his room against the resident’s will, or the will of the resident’s legal representative.
6. Unintentional Abuse – warning signs may include developing bed sores due to failure to change the victim’s sheets and/or regularly reposition the resident to improve circulation, exacerbation of conditions like diabetes due to changes in medication, diet and exercise, frequent falls, or poor hygiene such as bathing or brushing teeth.

Damages.

Residents or families can sue for monetary compensation for an injury resulting from abuse, neglect, or intentional abuse. Aside from those actions, state and federal agencies may impose fines and other restrictions on the care center.

Seek legal counsel.

If you have experienced nursing home abuse through a caregiver’s mistreatment of a resident, contact an experienced attorney at Dinizulu Law Group to discuss your legal options.

Dinizulu Law Group, Ltd.
21 North LaSalle Suite 1100 Chicago, IL 60601

(312) 384-1920
1-800-693-1LAW(1529)

[email protected]

Sources:

https://www.congress.gov/bill/100th-congress/house-bill/3545/titles