Nursing Home Abuse Lawyers

What is Nursing Home Abuse & Neglect?

If a nursing home fails to adhere to the standard of care of nursing homes similarly licensed, then any injury to residents or patients that results can be considered nursing home abuse or neglect.

If you believe your family member or loved one may have been injured due to nursing home abuse or neglect, contact the nursing home abuse lawyers at Jinks Crow today to schedule a free and confidential consultation.​

Nursing Home Abuse Examples

A nursing home can be liable for injuries sustained by a resident or patient in its care. Injuries can include or be caused by:

• Bed sores

• Ant bites

• Insect stings

• Infections

• Bruising

• Broken bones

• Injuries from falls

• Rodent bites

• Choking

• Asphyxiation

• Burns

• Skin conditions

• Bed bugs

• Malnourishment

• Gastrointestinal maladies

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Can a nursing home be liable for the death of a resident?

A nursing home can be liable for the death of a resident which results from its wrongful conduct or failure to follow the standard of care of similarly licensed facilities.

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Arbitration Agreements in Nursing Home Admission Packages

A 2019 CMS final rule allows nursing homes to include arbitration agreements but they cannot be required as a condition of admission to, or as a requirement for, a resident to continue to receive care at the facility. 

The nursing home must explicitly inform residents or their representatives of the right to not sign the agreement as a condition of admission, or as a requirement, to continue to receive care at the facility. And the arbitration agreement itself must expressly state the same.

Nursing homes must ensure that:

1. The agreement is explained to the resident and his or her representative in a form and manner that he or she understands, including in a language the resident and his or her representative understands;

2. The resident or his or her representative acknowledges that he or she understands the agreement;

3. The agreement provides for (a) the selection of a neutral arbitrator agreed upon by both parties, and (b) the selection of a venue that is convenient to both parties;

4. The agreement may not contain any language that prohibits or discourages the resident or anyone else from communicating with federal, state, or local officials, including but not limited to federal and state surveyors, other federal or state health department employees, and representatives of the Office of the State Long-Term Care Ombudsman.