Nursing home abuse lawyer in Buffalo discuss the rights of long-term care residents
Buffalo, NY- Some Buffalo seniors need to go into a nursing home for a temporary rehabilitation or the long-term, but they and their families have concerns. That’s with good reason since a simple internet search will yield countless stories of elder abuse and neglect. What’s more, the National Council on Elder Abuse reports that least one in three long-term care facilities across the U.S. has been cited for violations. Fortunately, nursing home residents have rights that protect them from abuse and neglect, and they have a course of action they can pursue if they are harmed.
In 1987, the U.S. Congress passed the Nursing Home Reform Act which was primarily focused on how Medicaid and Medicare funding for nursing homes would be allocated, but it also included protections for residents to reduce abuse and neglect.
According to the Nursing Home Reform Act of 1987, residents have the following rights:
To be treated with respect and dignity
To be free of mental and physical abuse
To be free of chemical or physical restraints
To express grievances and concerns without retaliation and must have a means to redress
To participate in the care and services they receive.
The Nursing Home Reform Act also outlines states that nursing homes must provide the following types of care:
Comprehensive, individualized care plans
Dietary, pharmaceutical, and rehabilitation services
Social workers (for some facilities)
Those rights can go a long way to protect some residents from abuse or neglect, but sadly many seniors become victims. If you are a victim of nursing home abuse and neglect, you need to start by reporting any troubling incidents to administrators at a facility and the New York Long-term Care Ombudsman. Your complaint will be investigated and if a facility is in violation, they can be cited.
After you report the abuse or neglect to authorities, USAttorneys recommends you get legal advice. We can connect you with a nursing home abuse lawyer. A nursing home resident has the right to seek compensation for their injuries, pain, and emotional suffering by filing a personal injury or nursing home neglect suit. If a resident died because of neglect or abuse, their family could file a wrongful death suit.
Consult with a nursing home abuse lawyer near you in Buffalo, New York today, so they can begin working on your claim. An attorney will be on your side through the whole process and help you make wise decisions about your case. If you plan on pursuing a civil suit, get the advice and assistance of a skilled lawyer.