Nursing Home Neglect

Negligence and medical malpractice in nursing homes, hospitals, and other healthcare facilities is more prevalent than one would expect. In fact, an investigation in 1999 by the U.S. General Accounting Office showed that 25% of the nation's 17,000 nursing homes "had serious deficiencies that caused actual harm to residents or placed them at risk of death or serious injury."

If you, or a loved one, is currently in the care of a nursing home facility, you should understand the legal rights that are afforded to anyone living in a nursing home. Nursing home residents and patients have a right to a quality level of care and United States laws provide for enforcement of that right. The Federal Nursing Home Reform Act, as well as specific state statutes, protect the rights of nursing home residents.

Your rights include:

• The a right to receive information about nursing homes.
• The right to the survey/inspection reports of Medicare and Medicaid facilities.
• The right to view the record of complaints and violations filed against nursing homes. This is available through the state licensing agency in the state the nursing home is located.
• The right to a sufficient number of staff, including nursing assistants, to give residents quality care and the personal attention that they require.
• Nursing home residents have the legal right to be free from physical and mental abuse. A resident cannot be isolated from other residents against their will, nor can they be restrained, (i.e. tied down) or administered drugs as a restraint, unless restraints are specifically required to treat their medical symptoms. Restraints may never be used to punish a resident or simply facilitate the caring for the resident by the nursing home staff.
• Nursing home residents have the right to choose their own personal physician and be informed about their medical care and treatment
• Nursing home residents also have the legal right to refuse treatment, if they so desire.

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Personal Injury

Injuries to one's person can occur in numerous different ways. In addition to car & automobile accidents, there are many other examples of situations that would provide a legal basis for personal injury claims. These include negligence towards others, as in medical malpractice claims and patient neglect in nursing home and healthcare facilities. Additionally, any person or business can be negligent of adequatley maintaining their property which may result in slips and falls or other accidents; and criminal incidents that may occur because of negligent security. Also, people can be injured as the result of intentional attacks, such as in the cases of dog bites or assault and battery.

Injuries to property can happen due to theft/vandalism, embezzlement, and negligence, while injuries to one's reputation typically occurs as the result of libel or slander.

When a person suffers an injury to his person, rights, reputation, or property, they may be entitled to compensation and should consult a lawyer immediately. In addition to Personal Injury claims needing to be filed within specified time periods, over time, critical evidence can dissipate making claims harder to prove.

An injured party may be entitled to recover damages for loss of earnings capacity, pain and suffering, and reasonable medical expenses, including both current and projected future losses.