Chandler Nursing Home Abuse Lawyer

Nursing home abuse is a wide-spread issue that impacts families and residents across the United States. Roughly five million elders are abused every year.

If you have experienced abuse or neglect as a nursing home resident, you might be wondering how you could seek relief. It may be challenging to pursue action on your own without an experienced personal injury attorney guiding you each step of the way. A Chandler nursing home abuse lawyer could review your situation and help you consider your available options moving forward.

Nursing Home Regulations

42 U.S.C. §1395i-3, The Nursing Home Reform Act of 1987, states that nursing homes must provide services and activities for their residents to maintain the highest practicable psychosocial, mental, and physical well-being of each resident. Pursuant to the Act, nursing homes that participate in Medicare and Medicaid are required to comply with the Act and federal nursing home regulations.

Nursing homes in Chandler must comply with several federal regulations. These regulations range from how to maintain the facility, to how to care for each resident. For example, 42 CFR §484.20 requires nursing homes to conduct initial comprehensive assessments for each resident’s functional capacity. The following includes a list of some of the various federal regulations that nursing home facilities must:

  • Have sufficient nursing staff
  • Have comprehensive care plans for every resident
  • Promote the quality of life for each resident
  • Provide pharmaceutical services necessary for each resident
  • Maintain easily accessible clinical records on each resident

Nursing Home Resident Rights

 In addition to federal rights under the Nursing Home Reform Act, residents also enjoy state rights that reaffirm and add to their federal rights.

Nursing homes are required to protect and promote the rights of their residents. The failure to protect these rights could constitute an infringement of rights, and in potentially neglect and abuse. The following are nursing home resident rights given under the Act:

  • To be free from abuse, neglect, or exploitation
  • To be free from chemical or physical restraints
  • To request or refuse treatment
  • To be informed of the care being provided and the risks and benefits of proposed treatments
  • The right to access to visitors of their choosing and the right to refuse visitors
  • The right to privacy
  • The right to raise grievances without actual or fear of retaliation
  • The right to manage their own finances

Seeking Recovery for Nursing Home Abuse in Chandler

Nursing home abuse victims in Chandler might have the option to file a personal injury lawsuit. Whether through neglect or an intentional act, if a member of the staff, another resident, or the facility causes harm, or violates a nursing home resident’s rights, they may seek damages in court. An accomplished nursing home abuse lawyer in Chandler could help an injured victim recover damages.

Injured parties may seek punitive, economic, non-economic, and property damages that stem from the harm they suffered. Punitive damages, damages imposed by the court to punish a defendant, are only awarded in particularly egregious cases. Personal property damages, as well as economic damages such as medical bills or out-of-pocket expenses, may be recovered. Victims may also seek non-economic damages such as pain and suffering and emotional distress that result from the abuse.

How a Chandler Nursing Home Abuse Attorney Could Help

Seeking recovery as a nursing home abuse victim could be a challenging task. It could be difficult and uncomfortable to stand up to your abusers on your own.

A seasoned Chandler nursing home abuse lawyer could stand by your side and advocate for you and your rights. They could help you fight against the abuse and neglect, and empower you to achieve the relief you desire. To learn more about your potential recovery and schedule a consultation, call now.

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