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more_legal_areas nursing_homeWhen faced with the decision to commit a loved one into a nursing home facility, one hopes and expects that this person will receive respect, dignity, excellent health care and treatment, and a safe and secure quality of life. In the last few decades, instances of nursing home injury cases have flooded the news. Several studies indicate that approximately thirty percent of nursing homes are responsible for abuses that cause significant harm to patients or put patients in immediate jeopardy. Even scarier is the estimate that nursing home injuries caused by abuse are widely under reported. Each year since 1996 , the percentage of nursing home injury abuse reports has been on the rise.
Nursing home injury abuse can be the result of understaffed or poorly staffed facilities ; neglect or abandonment of patients ; financial, physical, mental, psychosocial or sexual abuse ; inadequate facilities ; inadequate health care ; and generally willful and/or incidental negligence on behalf of the nursing home staff. Nursing home injury from abuse and negligence can cause a variety of potentially deadly damages to nursing home patients. Indications that a patient might be suffering nursing home injury from abuse include: bed sores, fractures, unsanitary conditions, unexplained injury or death, slips and falls, poor staffing, malnutrition, dehydration, improper medication, or any signs of mental, physical or emotional anguish.
In 1999 the federal government conducted an extensive two-year study of elder abuse in nursing homes. They found widespread cases of abuse in nursing homes and reacted by creating several regulatory nursing home laws. State laws also regulate nursing home quality and must be as strict, if not stricter, than the federal laws. The following are just some of the rights guaranteed to nursing home patients under federal law: the right to sufficient nursing staff ; initial and periodic recording and monitoring of patient health ; individual comprehensive care plans ; maintenance of personal health including sanitation, nutrition, sensory functioning, sufficient food and fluid intake and proper medication administration ; and the right of all patients to respectful treatment, dignity and quality of life.
Nursing home injury victims have the legal right under these federal and state laws to seek compensation for their suffering. Nursing home injury lawsuits may be filed by the patient, though most nursing home injury lawsuits are filed by the patient''s family or friends on their behalf. In a nursing home , injury lawsuit victims can receive compensation for their injuries and pain and suffering. In addition, they can transfer to a safe facility and punitive damages can be awarded. The latter requires that nursing homes comply with staff and community educational programs, be subject to strict third party monitoring and regulation, and may include compulsory staff hiring requirements.
If you or a loved one has been the victim of a nursing home injury or wrongful death, you have the legal right to seek compensation for your suffering.
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