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:
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Bed sores
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Ant bites
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Insect stings
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Infections
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Bruising
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Broken bones
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Injuries from falls
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Rodent bites
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Choking
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Asphyxiation
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Burns
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Skin conditions
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Bed bugs
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Malnourishment
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Gastrointestinal maladies
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.
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:
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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;
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The resident or his or her representative acknowledges that he or she understands the agreement;
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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;
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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.
Montgomery Nursing Home Abuse and Neglect Lawyer
If you suspect that a loved one has experienced abuse or neglect in a nursing home in Montgomery, Alabama, the compassionate attorneys at Jinks Crow are here to help.
With over 40 years of experience advocating for the rights of vulnerable individuals, we understand the devastating impact that nursing home abuse and neglect can have on residents and their families. Our Montgomery team is dedicated to investigating allegations of mistreatment, ensuring that nursing homes are held accountable for their actions. We will work tirelessly to pursue compensation for medical expenses, emotional distress, and other damages related to the abuse. Contact us today for a free consultation to discuss your concerns and explore your legal options.
Union Springs Nursing Home Abuse and Neglect Lawyer
At Jinks Crow, our attorneys have been committed to serving Union Springs residents affected by nursing home abuse and neglect for more than four decades.
We recognize that nursing home residents often rely on caregivers for their well-being, and any mistreatment can lead to serious physical and emotional harm. Our Union Springs team is dedicated to advocating for the rights of the elderly and ensuring that those responsible for abuse or neglect are held accountable. We will guide you through the legal process, helping you seek compensation for medical costs, pain and suffering, and other damages. Reach out to us today for a free and confidential consultation to learn how we can assist you in protecting your loved ones and pursuing justice.
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