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more_legal_areas nursing_homeIn the last few decades cases of nursing home abuse across our nation have flooded public consciousness. Through several reports, including those conducted by the federal government, it has come to light that approximately thirty percent of all nursing homes are responsible for the abuse, neglect, and other atrocities suffered by their elderly patients. Studies have concluded that abuses of this nature have been significantly under-reported, with death and injury rarely investigated by the government, evaluated by medical examiners, or prosecuted by law enforcement. Since the publication of these studies , public awareness, federal and state legal regulations, and nursing home settlements have all increased in frequency and scrutiny. These measures seek to prevent and decrease the number of elder abuse cases occurring in nursing homes.
Nursing home settlement cases are the product of nursing home abuse lawsuits which can be filed by the patient, but are often filed by the patient''s loved ones. There are several federal and state laws that protect nursing home patients from neglect and abuse. Under these laws, the nursing home must: have sufficient nursing staff ; develop a comprehensive care plan for each patient ; provide service to prevent patient deterioration and to maintain good health ; ensure residents do not develop bed sores or any other physical problems related to negligence or abuse ; and ensure that a patient''s rights, dignity, respect and quality of life are not compromised by nursing home care.
There have been a number of successful nursing home settlement cases all over the United States. If a patient has been the victim of nursing home negligence, abuse, or if any of the aforementioned rights have been violated, the victim has the right to seek monetary reparations for their injuries, transfer to a safe facility, and recover compensation for pain and suffering. In addition to awarding these damages, many nursing home settlement cases also involve punitive damages. Not only does the nursing home have to pay damages, but they are also forced to correct the causes of their wrongful behavior.
These punitive damages in a nursing home settlement are designed to ensure quality care and the preservation of every patient''s respect and dignity regardless of their mental health, physical health, or station in life. These requirements set forth by nursing home settlement sentences often include the use of third party consultants to oversee the hiring of new and qualified staff and to monitor the entire facility. A nursing home settlement may also require mandatory hiring of specifically trained and specialized staff ; may require extensive background checks on existing staff ; and may mandate staff and community education and training programs designed to increase the quality of care that a nursing home can provide.
If you or a loved one has been injured by nursing home abuse or negligence, you may wish to speak to an attorney who can help you recover damages and hold the nursing home responsible for their wrongdoings. To find out more about nursing home settlement cases, contact us to confer with an attorney who specializes in this area of law.
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