The Nursing Home Reform Act of 1987
The Nursing Home Reform Act of 1987 establishes the basic rights and services for residents of nursing homes. The following rights are established under the law:
- The right to freedom from abuse, mistreatment, and neglect
- The right to privacy
- The right to security of possessions
- The right to freedom from physical restraints
- The right to participate in resident and family groups
- The right to necessary care, including medical, physical, psychological, and social needs
- The right to welcome or refuse visitors
- The right to exercise self-determination
- The right to be treated with dignity
- The right to communicate freely
- The right to voice grievances without discrimination or reprisal
- The right to participate in the review of their care plan
- The right to be fully informed in advance about any changes in care, treatment, or the status of the facility
Required Resident Services
The Nursing Home Reform Act specifies the required services that nursing homes must provide to residents. These include:
- Periodic assessments for each resident
- A detailed care plan for each resident
- Nursing services
- Pharmaceutical services
- Rehabilitation services
- Social services
- Dietary services
- The services of a full-time social worker for nursing homes and care facilities with 120 beds or more
Neglect and Liability
Nursing staff members are held to high standards concerning the welfare and care of residents. Neglect occurs when a caregiver fails to offer adequate care, medical treatment, supervision, and the professional services necessary to maintain the physical and mental health of the residents. Here are some signs of neglect:
- Bruises, fractures, and other unexplained injuries
- Personal hygiene problems
- Accidental or self-inflicted burns
- Insomnia or inadequate sleep
- New or untreated medical conditions
- Noticeable changes in personality
Several families have turned to the use of "Granny Cams" to monitor and ensure that their vulnerable loved ones in nursing homes are not being mistreated. Unfortunately, there is no Colorado state law or statutory guideline that allows for the installation of surveillance cameras or granny cams inside the residential rooms of nursing homes.
Who is Liable?
In the case of nursing home injuries, you may pursue legal action against the responsible party. The following people or entities may be held liable for nursing home injuries:
- Nursing Home Staff: The individual or nursing staff who caused the injury
- Owner of the Nursing Home: The care facility or its owner could be held liable for failure to provide a safe environment, negligent hiring and training practices, or failure to provide care that meets the required standards.
- Third Parties: A third party or vendors that provide staff, medical supplies, or professional services to the nursing home if a vendor caused the injury
Recovering damages for nursing home injuries to your elder loved ones requires proving negligence. To establish a nursing home injury claim, you must prove the following elements:
- The facility had an obligation or owed a duty of care to your elderly loved one
- The facility breached its duty of care or didn't meet its obligation
- The facility was negligent when it breached its duty of care
- The facility's negligence caused your loved one's injury or death
- You suffered monetary damages as a result of the injury or death
How an Experienced Attorney Can Help
Nursing home abuse, accidents, neglect, and injuries are common, which isn't reassuring. Filing an injury claim is the first step toward holding the care facility accountable for injuries to your loved one. Proving fault and recovering damages in nursing home injury cases, however, involves several legal complexities. Hiring an experienced personal injury attorney is crucial to protect your loved one's rights and pursue rightful compensation for their injuries.
At Gama Law Firm LLC, we're committed to providing comprehensive legal counsel and compassionate representation to clients who have been victimized by nursing home abuse and neglect. Our attorneys will review all the facts of your unique situation, carry out an in-depth investigation, and help you understand all of the possible legal options through which you can seek damages.
As your legal counsel, we will fight on your side to protect your loved one's rights and work diligently to seek fair compensation for their injuries and any additional pain, discomfort, and suffering they have been put through. We strongly believe that putting our experienced attorneys on your side can make a big difference in your personal injury case — so call today to schedule a free case consultation.