A nursing home is to treat patients with utmost care and ensure their full recovery. Failure to do so can invoke state authorities to take legal action against the guilty. As a citizen, it is necessary to be aware of legalities associated with nursing homes. These rights protect a citizen against any malpractices, unruly behavior, negligence or abuse on part of nursing homes.
There might arise many situations wherein the rights of an individual might be compromised with. In such cases, with assistance from these rights, suitable action can be taken against the nursing home authorities by bringing them under the purview of law.
Different states have different laws. It is important to take the assistance of legal firm which can get you desired outcome from the legal proceedings. When you go out to sue a nursing home, you have to consider important questions which include what you can sue a nursing home for, who can sue the nursing home and how much compensation can you expect and be rewarded with. These along with other aspects of legal proceedings make the assistance of attorney a much-needed entity to get justice.
Be it a behavior of nursing home employees, an unfortunate or intentional accident, here are behaviors that ask for initiation of legal proceedings against a nursing home:
- Improper hygienic environment or failure to keep the premises free from any impending health hazards. A nursing home is supposed to ensure the safety of the patients in the facility which also includes protecting one resident by an attack from another.
- The training of the employees at nursing homes is also a responsibility of the nursing home authorities. An employee should know how to behave and take care of residents which otherwise is deemed as negligence on part of the nursing homes.
- A patient should be under the supervision of concerned people and all the necessary medical procedures should be carried out by proper professionals.
- Medical treatments should be carried out by adhering to the standard practices. When a resident patient suffers aggravation in condition due to any sub-standard practices, a case of malpractices can be initiated against the nursing home responsible.
What does the Standard of Care dictate?
Any nursing home which adheres to Medicare standard, in principle and practice must abide by the set Federal Regulations. The standard practices for the quality of care come under 42 CFR 483.25 – Quality of care. This covers every aspect of the day to day functioning of an ideal nursing home.
The 42 CFR 483.25 – Quality of care (h) which is for the accidents states that it is the duty of a nursing home to make sure that:
- The facility is rid of accidental hazards which can cause harm to residents.
- Each and every resident must receive proper treatment under necessary supervision.
For vision and hearing, the 42 CFR 483.25 – Quality of care (b), states that the residents must be supplied with assistive devices that aid in vision and hearing capabilities of the patients and the facility if required must make necessary arrangements to:
- Make necessary appointments for treatment on behalf of the patients.
- Arrange for transportation to carry them to and from the nursing home to the office of a professional who specializes in vision or hearing assistance devices.
Besides the above mentioned, there are other set standard of care practices which safeguard the interests of residents. Any shortcomings on part of the nursing home can and should be dealt with legal proceedings. An individual who gets injured due to the incompetency of the nursing home has the backing of the law to sue the guilty for compensation.
Many times there are ailments which get aggravated due to the callousness of the practitioners. It is incumbent on part of nursing home to abide by the standard of care practices. A nursing home has to keep these unwanted hassles at bay by employing the standard of care practices to ensure the safety and well-being of the residents.
The abuse and substandard practices at nursing homes are a real issue. There are many examples out there which can evoke a sense of fear in the common citizens. While sickness does not announce its arrival, it is necessary to take assistance from reliable professionals who do not have any dubious past record. The laid down laws are there to deal with any dispute that might crop up during or after treatment. Make sure you contact reliable law firm which knows how to deal with legalities associated with medical cases.