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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.
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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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.
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.
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.

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