Nursing home abuse is a widespread 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 attorney guiding you each step of the way. Our Chandler nursing home abuse lawyers can review your situation and help you consider your available options moving forward.
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:
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:
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 experienced Chandler nursing home abuse lawyer can help you 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.
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. Contact Goldwater Law Firm at 602-502-6000 or fill our online form to schedule a free case evaluation.