The population of senior citizens in the United States is on track to balloon from 15% all the way to all the way to 24% by the year 2060.
That means more people will be utilizing nursing homes to help themselves or their loved ones live their fullest lives in their twilight years.
While nursing homes are generally outstanding places that allow the elderly to flourish, sometimes that’s not the case. Nursing homes have taken advantage of their senior residents through actions like censorship, emotional, and even physical abuse.
If you or a loved one is getting preyed on by a nursing home, you may be considering filing suit. To help you get a better picture of what constitutes a sueable offense, below, our team has compiled a list of reasons to sue a nursing home.
1. Curbing Communication
All residents in a nursing home have the right to receive and transmit private communications via mail, over the phone or through any other means. If that right is being infringed on, you have grounds to sue.
Some nursing homes have been found guilty of opening their resident’s mail. Others edit emails that get sent to friends and family members.
Nursing homes have even gone so far as limiting verbal communication by prohibiting residents from leaving the property.
Remember, nursing homes are homes. They are not jails.
You’re entitled to every reasonable right that you were entitled to prior to enrollment.
2. Interference with Religious Practices
You are entitled to respectfully observe any religious beliefs you may carry in your nursing home.
For example, your home can’t stop you from setting up a small nativity scene on your desk in observation of Christmas. Alternatively, your nursing home cannot stop you from praying on your prayer mat if you prescribe to Muslim beliefs.
Any infringement on your ability to practice your religious freedoms in ways that are reasonably non-disruptive to other residents would be among reasons to sue a nursing home.
3. Refusal to Release Federal Inspection Reports
Government agencies will inspect nursing homes on a regular basis to ensure that all practices are in compliance with standards. These compliance standards extend from food safety to resident treatment and beyond.
All information found during these inspections get detailed in a federal inspection report and a copy gets left with the nursing home in case residents or family members would like to see it.
You have a legal right to see the results of any government inspections that take place at your nursing home. A nursing home’s refusal to show you federal reports is reason to sue.
4. Incorporate Management of Financial Affairs
Many elderly people are capable of managing their financial affairs. Others may request that their nursing home help manage their money so far as reasonable, day-to-day purchases are concerned.
In most cases, nursing homes will act morally when managing their resident’s spending. In other cases, staff may steal via outright money transferring into external accounts or through purchases for themselves.
If you have a loved one whose money is being managed by their nursing home, it’s imperative that you keep an eye on their accounts.
Ask for information on purchases, request summaries at the end of the month. Anything you can do to make theft difficult, do it.
Theft of senior funds is one of the most common reasons to sue a nursing home so remain diligent.
5. Injury Due to Negligence
It’s a nursing home’s duty to provide you or your loved one with a senior-safe environment. That means ensuring that obstructions are removed from walkways, providing extra assistance when walking to guests who need it, staying mindful of dietary restrictions, and similar things.
If for any reason injury befalls on a resident and it can be reasonably attributed to an oversight on the part of a nursing home, hire an attorney.
Many attorneys are specially trained to work with nursing homes and their insurance companies to get clients favorable settlements.
6. Medical Care Obstruction
You’re entitled to see any doctors you’d like for any number of psychological or physical ailments.
If a nursing home is pushing a particular practitioner on residents or if they’re preventing their residents from getting the kind of quality care they need, they’re in violation of the social security act.
7. Suspected Abuse
While it can be stomach-churning to think of, the truth is that many nursing homes have gotten found guilty of elderly abuse.
From causing their residents physical harm to emotionally abusing them, it seems like every day you turn on the news a new story comes out about a caretaker imposing their will on an elderly person in an abusive and illegal fashion.
If abuse is suspected in a nursing home, remove your loved one from the facility and contact an attorney immediately.
Wrapping Up Top Reasons to Sue a Nursing Home
Abuse. Censorship. Injury…
There is no shortage of reasons to sue a nursing home that’s acting inappropriately.
It’s important to note that if a nursing home is committing any one of the crimes on our list, chances are, they’re committing multiple. That’s why it’s important to remove your loved one from a bad nursing home as soon as possible. Once they’re safe, get legal help.
To find the best attorneys in the United States that specialize in nursing home-related abuses, our team at USA Attorneys can help.
At USA Attorneys we host a database of the country’s top lawyers and make locating and contacting them incredibly simple.
Start your nursing home attorney search right now by clicking here.