Several laws have been put in place in order to protect the elderly from any form of abuse in their long-term care facilities. One of the Federal laws which have been put in place is the Nursing Home Reform Act. This act serves to protect residents from a lack of proper care, and it was put in place in 1987. The act urges that nursing home residents should be given privacy, dignity, self-determination, and proper care. It also mandates that residents should be free from any physical restraints, abuse, neglect, and mistreatment.
If a nursing home is found not practicing these rulings, they can be held legally accountable for their actions. A nursing home abuse lawyer in Greenville, SC can help a senior get the immediate protection they need from their nursing home as well as help launch an investigation into the nursing home to have their practices changed for the better.
Nursing home residents are not only protected from all forms of physical restraints and abuse, but they are also protected from emotional neglect as well. For instance, the Nursing Home Reform Act mandates that residents have the right to actively participate in all the activities which are available for them in their nursing home. Even isolating a resident and refusing to give them their right to active participation can be considered a legal offense and can lead to the nursing home going under Federal investigation.
If the nursing home fails the investigation, they may have to pay heavy fines, compensate their residents in various ways, and if the abuse was severe, they may even be forced to close their doors permanently.
When should I call a nursing home abuse lawyer?
Most seniors allow themselves to be mistreated because they fear the management of their facility and because they are not properly aware of the rights which they have. Residents need to understand that if they are uncomfortable in any way and their discomfort can be addressed by the management, but they are refusing to do so, they have every right to demand their voice be heard.
If a resident is being abused psychologically or physically, they should not hesitate before calling a legal professional to help them navigate out of their situation as soon as possible. Believe it or not, one of the rights which seniors have according to the Nursing Home Reform Act is that they have the right to complain without fear of penalization. Even if a resident gets punished in one way or the other for filing a complaint, they can contact an attorney to help them communicate with the management and try and rectify their behavior towards them.
The first step a resident should take when they are being mistreated is, they should contact their family members to try and help them negotiate with the facility. If bringing in family members brings no changes then a person should call a lawyer to help expedite a proper response from the management of the nursing home.