Category Archives: Elder Law

1 year ago Elder Law , Laws

Respect Your Elders! Here’s 5 Rules That Elder Law Says Nursing Homes Need to Follow

Several state and federal laws protect residents, including the elderly, in nursing homes. These regulations entitle nursing home residents to privacy, security, and optimal health.

The elder law requires that nursing homes should offer quality services. These services should promote the mental and physical aspect of residents. This should be according to the documented plan of care.

The Nursing Home Reform Act makes up the main guidelines for nursing home laws. The Act has guidelines for each funded nursing home. State and federal laws also allow residents and their loved ones an important right.

They have a right to speak out their complaints about the facility. At times, the elderly can get harmed because of abusive or negligent behavior. If that happens, they can take legal action and hold the nursing home accountable.

Below is a simple guide to the Elder Law and its implications.

History and Background

The Nursing Home Reform Act came into force under the Omnibus Budget Reconciliation Act of 1987. The role of the Nursing Home Reform Act is to regulate nursing homes. The regulations target nursing facilities that seek funding for Medicaid or Medicare services.

The Act ensures that residents get protection in various aspects. These aspects include dignity, privacy, individuality, and medical needs.

Elders in a nursing home should receive the best care. Such care should be free from abuse, isolation, or unsuitable medical treatment.

Rules that Elder Law Requires Nursing Homes to Follow

The Nursing Home Reform Act put in place guidelines for the functioning of a nursing home. Residents in a nursing home must receive a good care plan. The plan should cater to their physical, mental, and psychological welfare.

Each of them stands to enjoy the following rights.

1. Aging Residents Have Basic Rights

Persons in a nursing home should enjoy basic rights like those listed in the U.S. Constitution. Nursing homes should promote the quality of life of patients as much as they can. The physical, psychosocial, or mental state of a resident may not decline if it is avoidable.

Residents have a right to keep banking or personal property funds with the nursing facility.

Residents should bathe, eat, dress, communicate, groom, ambulate, and transfer. Their ability to do these things should not deteriorate unless it’s unavoidable. If the residents are unable to carry out certain tasks, the facility should offer help.

Besides, each nursing facility should have enough employees to meet the residents’ needs.

The elders in a nursing home have a right to take part in the creation of their care plan. Moreover, they have the right to choose their best physician. They should also access their medical documents.

Residents in a nursing home may plan or take part in a resident or family council. Furthermore, residents should be free from inappropriate physical or chemical residents.

2. Health and Safety

The federal nursing home regulations need nursing homes to meet nutritional parameters. This includes providing adequate fluid intake to patients to maintain hydration. They should also provide pharmaceutical services to residents.

It’s essential for nursing homes to undergo inspection. The inspection will enhance the residents’ safety and hygiene. Inspectors ensure there’s proper handling of medication, food, and contaminated materials.

Nursing homes should help patients not to develop bed or pressure sores. Residents who develop these sores must receive appropriate treatment. The treatment should hinder infection, enhance healing, and prevent the recurrence of sores.

3. Full-Time Medical Care Cut-Off

Most states don’t need a person in need of constant nursing care to live in a nursing home. Most nursing home facilities can provide residents increased help with various medical tasks. The tasks include insulin administration, blood glucose testing, and medical management.

But, even quality nursing homes may not admit people that need constant medical care. Thus, if a loved one requires continuous care, consider taking them for home health care. You could also place them in a different skilled nursing facility.

4. The medication adherence rule

Residents reserve the right to control the receipt of medical services. This happens based on informed decision making, including the refusal to take medication. But, in some states, residents must take the prescribed medication or risk discharge.

A reputable nursing facility will record the refusal. They will also get in touch with the resident’s doctor and allowed family members to find a remedy. But, the facilities are not under any obligation to keep elders who put their own health at risk.

The rules on who should provide medications in assisted living homes can be challenging. You should establish which workers have permission to help residents with medication.

Besides, determine the extent of help the law allows them to help and how they deal with related issues. This will help you decide which prospective nursing facility offers adequate help. And their help should suit your senior loved one.

5. The Care Plan Mandate

Most states need workers in a nursing home to assess the needs assessment of every resident. This should happen after admission to create a personalized care plan.

In Georgia, for example, this should happen within 14 days after admitting an elder. The plan is subject to evaluation every year, and whenever the elder’s care requires change.

In California, the care plan of an aging adult must contain a list of their likes and dislikes. It should also contain suggestions for their preferred community-based social activities.

It’s also essential to inquire about the care plan policies of a prospective facility. You should access a document of the current plan whenever you want. Feel free to request the team in charge of care to address any issues and possible changes.

Elder Law

The elder law has many rules for nursing homes. But, only a few of these may apply to an aging person looking to join an assisted living community.

Even so, knowing more about the policies surrounding residential care is important. It will help you to figure out the type of questions to ask potential nursing home providers.

Contact us for any information regarding elder laws.


The Most Startling Nursing Home Abuse Statistics and Why You Should Take Legal Action

Do you have a loved one in a nursing home? You want to think your loved one is getting the best care. Unfortunately, there’s a chance your loved one is neglected or even abused in the nursing home.

Any kind of abusive act is one that causes harm or distress to another person. The abuse usually happens to someone who trusts and/or loves their abuser.

Abuse can be a single act or repeating acts. Abuse can be sexual, physical, emotional, and/or psychological.

Is nursing home abuse common? Here are some startling nursing home abuse statistics and what to do if your loved one is a victim.

Nursing Home Abuse Statistics: This Problem Is More Common Than You Think

It’s easy to think “elder abuse can never happen to my loved one” or “the nursing home we chose would never do this to their residents.”

But it’s important to keep your eye out for any signs. Why? Because these statistics prove nursing home abuse is more common than you think.

  • 1 in 10 elders have been abused
  • 5 million elders are abused each year
  • Only 1 in 14 elder abuse incidents are reported. That’s because most victims are unable or unwilling to report their abuse.
  • 24.3% of elders experienced physical abuse in a nursing home
  • The US state with the best elder abuse protections is Massachusetts. The worst is South Carolina.
  • Elder abuse only continues to rise

Elder abuse does vary between states, countries, and income levels. But your loved one can find themselves abused in any nursing home.

What to Do If Your Loved One Is Abused

If you discover your loved one is abused in a nursing home, the first thing you should do is contact the authorities. Report all of the abuse that occurred. You can also alert the Adult Protective Services if your state has one.

Keep a record of the abuse. Talk to your loved one and see if they can document all of the abuse that occurred, the types of abuse they endured, and when it all happened.

Get your loved one out of the home immediately. Make other living arrangements for them and ensure they’re safe. If they can’t stay with you, ask someone you trust.

There are many nursing home abuse support groups. Share your story and help spread the word.

If you decide to go to court, there are many lawyers who specialize in nursing home abuse lawsuits.

Nursing Home Abuse Is a Serious Problem

We all want to think our loved one is safe in their nursing homes. Unfortunately, nursing home abuse is more common than people think and it’s a serious problem.

These nursing home abuse statistics prove we need to take action to protect our seniors.

If your loved one was abused in a nursing home, immediately call the police and report the nursing home. Keep a record of the abuse if you go to court. And always hire a lawyer to help you with your case.

And don’t be afraid to tell your story and spread the word. This is the best way to educate the severity of nursing home abuse.

2 years ago Elder Law , Elder Abuse

Nursing Home Laws and Regulations: When You Should Sue for Abuse

Since people are dying later in life, there are more aged people than there ever has been. Sometimes, there’s not enough staff to keep up with them all.

Not having enough staff is illegal and leads to less accountability for abuse and potential abusers.

The situation isn’t hopeless, but it’s worth learning about nursing home laws and regulations.

Where does your loved one’s facility land?

Learn about nursing home laws and types of elder abuse below.

What is Elder Abuse?

As with domestic abuse and child abuse, there are different types of elder abuse. All of them are horrific and none should be held as more harmful than the other.

That said, none of the types following are in any type of order.

Sexual Elder Abuse

Yes, there are predators that prey on the elderly and take advantage of those who can’t consent. Someone who isn’t with-it can’t consent to sexual acts.

Nor can someone who’s unable to fight back or express discomfort with the situation.

Some sexual elder abuse doesn’t involve touching at all. This could be something like the caretaker exposing themselves or engaging in inappropriate activities in the room.

If you have any suspicions, find an attorney immediately.

Emotional Elder Abuse

The elderly are a vulnerable population, partly because they don’t have anyone to stand up for them. If they’re in a home and they depend on others for care, what can they do if they’re mistreated?

Not much, and there are bad people that take advantage of that.

Some examples of emotional elder abuse include humiliation and ridicule.

Others include intimidation, threats, and habitual (behavioral) neglect.

If you loved one won’t come right out and tell you they’re being mistreated, which caretaker do they seem upset around? Do they say they don’t like someone but won’t give a reason?

That’s where you want to explore further.

Elder Neglect

Contrary to some belief, neglect is a type of abuse, not a different category. For the elderly, neglect means a failure to fulfill necessary and agreed upon obligations.

Or, obligations that are considered common sense.

For example, if an elderly person falls, it’s the caretaker’s job to get them up. “Helping patient up” may not be written perse in their contract, but you would expect them to help them off the floor.

A lot of elder neglect comes from things that are biological in nature. Failure to administer medication regularly, to change sanitary supplies, or to clean up messes.

If you visit your loved one and notice that their supplies aren’t clean, they seem woozy and out of it, or they’re not their usual selves and seem off their medication, take warning.

Physical Abuse

The easiest type of elder abuse to notice is physical abuse. Does your loved one always have scratches, cuts, or bruises?

Depending on their ability level, there’s a good chance they fell. But, do you see these injuries becoming a pattern? Are the bruises in a place that wouldn’t make sense with a fall injury?

Does your loved one refuse to tell you how they got injured or tell you the same story over and over?

Unfortunately, those who abuse the elderly are sneaky. There won’t always be visible evidence of physical abuse.

The category also includes things like under or over administering medication, restraining or isolating them. These are things that are harder to catch.

How are you supposed to know if your loved one is getting the right dose of medication? They likely don’t know and trust their caretaker.

All of these abuse types are a big reason why having enough staff is important, and thankfully, that’s the law.

Staffing Regulations

In a nursing home, there are regulations for how many caretakers there are vs. patients. Think of it like a teacher-student ratio, if you will.

If there isn’t enough staff, then there will be fewer people to catch abusive behavior.

Even if someone does catch abusive behavior and they’re understaffed, they’re less likely to report it. They don’t want to lose more staff than they already have.

You’ll need to check your local and state laws to get the exact staffing number and regulations for specific nursing homes.

Another way to tell if they’re low on staff is to listen to the nurses. Are they always talking about how they’re understaffed and they have to take on more than they should?

Over-tired caretakers, even those who have the best intentions, can accidentally neglect patients.

Actual Nursing Home Laws and Regulations

Without getting too technical in the legal jargon, let’s talk about some actual nursing home regulations.

Paraphrased, some examples include:

  • Proper and continuing health assessments
  • Evolving and appropriate health plans
  • Health deterioration prevention
  • Proper hygienic care
  • Responsible nutrition and feeding
  • Pressure sore prevention and treatment
  • Promoting and managing the highest possible quality of life
  • Responsible use of resources
  • Accessible and up-to-date medical records

There are more, but those are some good examples. You should always be able to find a copy of local regulations online or request one at the facility itself.

When was the last time they got inspected? Did they pass? What were their problem areas and how are they addressing them?

These are people’s lives we’re talking about, not just boxes on a list to check off.

What to Do if You Suspect Something

If you suspect your loved one is being abused or there are gaps in their care, talk to them about it.

Someone is much more likely to open up about something if you bring it up. They may feel like abuse is their fault, whether the perpetrator put that in their head or not.

Stay judgment-free and causal when you approach the subject.

If that doesn’t work, talk to the care coordinator about your concerns about nursing home laws and regulations. Ask them what steps they’ll take to investigate and have them follow up.

If you don’t see any action, you can take your concerns up with the police, an attorney, or the health department.

There are many people here to make sure your loved one gets the best care. All you have to do is ask!

2 years ago Elder Law , Elder Abuse

What to Do if You Suspect Abuse in a Nursing Home

The decision to place your parents, grandparents, or loved one to a nursing home can be a difficult decision. There are so many questions and concerns that you will have. If you decide that it is a good option for everyone involved, let’s take a look at how to safeguard your loved one from abuse.

Before Being Placed In the Nursing Home

Have a medical professional outside of the facility evaluate their health. This can be a doctor, nurse practitioner, or an RN. You will need someone who is medically qualified with experience.

This will show the before condition of the patient so that everyone is on the same page. This is important because it will help everyone involve see the quality or lack of at the nursing home.

Common signs of neglect or bed sores, bruises,  and dehydration. If you can prove that the patient did not have either of those conditions before, but they currently do, you may be able to establish signs of neglect.

Regular Medical Checks During the Patients Stay

Again,  you will want an outside opinion of how things are going. A medical professional should evaluate them to ensure that they are being properly looked after.

This care should entail, a physical evaluation looking for signs of dehydrating, bruises, cleanliness, and bed sores. This also may include bloodwork.

If There are Signs of Neglect or Abuse

As soon as any signs appear, it is time to get involved. Ask a medical profession to evaluate what you believe to be neglect or abuse. They will thoroughly evaluate the patient.  If they feel that it is possible, they are required by law to report it.

You should also report them to the Adult Protective ServiceS, Long-Term Care Ombudsman, the police. You will have to show proof so be prepared. This is the time when your before and during care evaluations will be important.

The police department, as well as, the other agencies will make a report. This report will include and interview with you, the patients doctors, the nursing home, and any other important witnesses.  There should also be photos of the patient taken for evidence.

What’s Next

If you’ve had to make a report, it is time to get legal help. Choose a law firm that specializes in elder law, like Garcia, Artigliere & Medby Elder Abuse Lawyers. There is going to be a lot of things that happen that you will need to prepare for. Your attorney will be able to guide you through this time and help you find resolution.

Having a loved one in a nursing home can be a delicate and scary time. Elder abuse is becoming more common so you must be on the lookout for abuse or neglect. The best thing you can do is to be prepared, have regular check ups, and have a plan if you think something is going on. Do not be afraid to report the facility if you believe that there is abuse occuring.


Is Nursing Home Abuse Considered Medical Malpractice?

Helping our loved ones transition to the next stage of their lives in a nursing home is difficult for every family. Unfortunately, getting them settled in and Medicare up-to-date isn’t the end of the road of moving into a nursing home.

A report published by the Special Investigations Division of the House Government Reform Committee found that one in three nursing homes in the United States were cited for abuse that may be considered medical malpractice over a two year period.

Approximately 5,283 facilities received 9,000 individual citations from those who report nursing home abuse and medical malpractice. Crimes ranged from inadequate sanitation to malnutrition and dehydration to preventable accidents.

These violations weren’t the result of a bad day: they hurt residents and are illegal.

Your duty as a loved one of a person in a care home isn’t simply to visit: it’s also to report nursing home neglect or abuse in nursing homes that could potentially result in a legitimate medical malpractice case.

What Constitutes Nursing Home Abuse?

Just like elder abuse, nursing home abuse ranges across a broad range of behaviors and isn’t always detectable right away, particularly when the person being abused is suffering from memory issues related to dementia.

The most obvious signs of abuse are physical abuse, which can be committed by staff or other residents. Slapping, pinching, or allowing residents to fall are all types of violence.

Psychological abuse is also illegal. It includes shouting, shaming, or humiliating the patient.

Neglect makes up the bulk of many of the abuse citations, and it often isn’t malicious but the result of poor policies, training issues, or inadequate staffing. Like physical abuse, neglect takes a physical toll and is demonstrable.

Patients may also be sexually abused, which features sexual exploitation or unwanted attention either from a caregiver or another patient. Patients with dementia are particularly susceptible because they’re cognitively compromised.

What Are the Signs of Nursing Home Abuse?

The signs of abuse may manifest physically or in personality. It’s important to pay attention to behavioral changes over time to best determine whether they’re the result of disease or abuse.

Still, any suspicion should be reported. Unfortunately, elder abuse rarely begins and ends with a single patient in a facility.

Here are some of the symptoms:

  • Bed sores
  • Dehydration
  • Malnutrition
  • Recurring infections
  • Weight loss
  • Emotional outbursts
  • Reclusiveness
  • Poor hygiene
  • Bruising
  • Caregivers who hover when families visit

This list isn’t exhaustive, and some of the signs can be invisible, so it’s important to check in with your loved one regularly to notice more subtle signs of abuse.

How to Report a Nursing Home for Medical Malpractice

If you believe your loved one or someone else in the nursing home is being abused, then you should report it. Even if it’s not your family member or friend, it soon could be.

You have several reporting options. Start by contacting the U.S. Administration on Aging’s Eldercare Locator at 800-677-1116. They’ll provide you more information on elder abuse laws in your state and explain the proper channels.

Another avenue to report nursing home abuse is via your family member’s primary care physician. In most cases, primary care physicians are required to report suspected abuse in nursing homes – failure to report may be medical malpractice.

If you suspect the damage is threatening the life or immediate wellbeing of your family member, call 911.

Concerned about where to go from there? We always recommend contacting a lawyer who frequently works in elder abuse cases like Zanes Law.

Be Your Elderly Loved One’s Advocate – Report Nursing Home Abuse

While some within the industry suggest that nursing home citations are over-reported because of high and changing standards – elder abuse exists. And it’s often a silent epidemic.

The best thing you can do for your loved one is to be there even after they transition into their new home and keep a sharp eye out for signs of abuse. You can ensure every older adult receives the dignity they deserve.


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