Nursing Home Abuse Attorney Reveals Hidden Rights Families Miss

Understanding Nursing Home Abuse and Neglect

Nursing home abuse is a distressing reality that can affect the most vulnerable members of our society—our elderly loved ones. Abuse can take many forms, including physical, emotional, sexual, and financial exploitation, or even neglect, which is the failure to provide necessary care. According to the National Center on Elder Abuse, approximately 1 in 10 Americans aged 60 and older have experienced some form of elder abuse¹. Despite these alarming figures, many families remain unaware of the full spectrum of rights and protections available to them.

The Role of a Nursing Home Abuse Attorney

A nursing home abuse attorney specializes in advocating for the rights of nursing home residents and their families. These legal professionals possess a deep understanding of federal and state regulations governing nursing homes, such as the Nursing Home Reform Act of 1987, which mandates that residents have the right to be free from abuse and neglect². By consulting with an attorney, families can gain insights into these rights and learn how to assert them effectively.

Hidden Rights Families Often Miss

One of the most overlooked rights is the right to access and review medical records. Families have the right to request a resident's medical and care records, which can provide critical evidence in cases of suspected abuse. Additionally, residents have the right to participate in their own care planning, which includes being informed about their medical condition and treatments, and having a say in their care decisions³.

Another important right is the ability to file complaints without fear of retaliation. Nursing homes are legally required to have a grievance procedure in place, and residents or their families can report any concerns about care or safety to the facility, state agencies, or even the Long-Term Care Ombudsman Program⁴. Understanding these rights empowers families to take action when they suspect abuse or neglect.

Financial Considerations and Legal Recourse

Pursuing legal action against a nursing home can be daunting, but it's important to know that many attorneys work on a contingency fee basis, meaning they only get paid if you win the case. This arrangement can make legal recourse more accessible to families who might otherwise be deterred by upfront costs. It's crucial to search options and consult with an attorney to understand the potential financial implications and explore the best path forward.

Taking Action and Exploring Resources

If you suspect that a loved one is being abused or neglected in a nursing home, taking swift action is imperative. Document any signs of abuse, such as unexplained injuries or changes in behavior, and report your concerns to the nursing home administration and relevant state authorities. Additionally, you can visit websites of organizations like the National Consumer Voice for Quality Long-Term Care to find resources and support networks that can guide you through the process⁵.

By understanding the hidden rights that protect nursing home residents and leveraging the expertise of a nursing home abuse attorney, you can better safeguard your loved ones and ensure they receive the quality care they deserve. Explore these options and resources to stay informed and proactive in advocating for their well-being.

References

• National Center on Elder Abuse - Statistics and Data
• CMS - Nursing Home Reform Act
• Medicare - What Are My Rights
• Long-Term Care Ombudsman Program
• National Consumer Voice for Quality Long-Term Care