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Report Nursing Home Abuse

Reporting nursing home abuse is crucial to keeping your parents safe and increasing the quality of life.

ForMyParent ™ offers legal consultation and services for help with nursing home abuse and elder care.



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Elder Care Abuse

Nursing Home Abuse Lawyer

As baby boomers approach old age, the labor shortage among those who provide care to the elderly is increasing despite this industry providing one of the fastest growing occupations. The pending demand for caregivers in nursing homes is already outpacing the ability of those who run these elder care facilities to find direct-care workers. These problems are expected to increase exponentially with twenty percent of our current workforce consisting of those who are 55 and over according to The Wall Street Journal.

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The Economics of Nursing Home Mistreatment

This extensive demand for nursing home care has accentuated the most significant cause of nursing home abuse and neglect – understaffing. When nursing homes have poor resident-to-staff ratios along with staff that receive minimal training and pay, the situation is tailor-made to promote resident abuse and chronic neglect. As the shortage of workers lingers, nursing homes are faced with one of three options: (1) pay higher wages, (2) function with less staff than appropriate, or (3) hire even cheaper less qualified workers. Most families of seniors in nursing homes will not find it surprising that increasing the pay of nursing home staffs has not be the option chosen by most long-term care facilities.

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Rights and Remedies: Nursing Home Abuse & Neglect Victims

If you are an elderly resident in a nursing home or family member of a resident who is experiencing abuse or disregard for basic necessities, it is important to understand your legal rights and remedies.

  • Dietary and Nutritional care
  • Standards for providing for basic hygiene and other needs
  • Rights of visitation
  • Availability of a grievance process
  • Freedom from physical, emotional and financial abuse
  • Provisions for medical care and services
  • Medical Privacy Rights
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Federal Legal Requirements for Nursing Home Care

The Civil Rights of Institutionalized Persons Act was enacted in 1980 to create a framework for protecting the legal rights of those in nursing homes and other long-term residential facilities.

  • Involvement in treatment options
  • Right not to be subject to discrimination
  • Right to have one’s dignity respected
  • Choice of physician
  • Pecuniary rights
  • Freedom from inadequate chemical and physical restraint
  • Right to informed consent with information provided in understandable language
  • Right to be free from abuse
  • Immediate right to have family and the Ombudsman visit a resident
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Appropriate Standards of Care Required Depend on the Facility

The specific legal rights of residents and procedures required by a nursing home may also be affected by state law and the type of facility. Generally, a nursing home is a facility that provides the nutritional needs, housing and medical care for elderly residents that cannot safely provide for their own needs. The facility may have a legal duty to provide medical care, but this depends on the precise
nature of the facility and local law as well as regulations that govern that type of facility. If the institution is a “skilled nursing facility,” this is usually the type of institution that offers the most extensive level of care, which includes medical care, and will be subject to the most demanding legal requirements.

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