Residents and their families entrust their lives to nursing home staff. It is hard to fathom that the people we depend on to care for our loved ones would engage in abusive and neglectful behavior, but it does happen
If your family member resides in a nursing home in Phoenix and has been the victim of abuse or neglect, consider seeking legal assistance from a personal injury attorney. A Phoenix nursing home abuse lawyer could speak with you and your relative about your case and inform you of your next steps to hold negligent facilities accountable.
The federal government sets out requirements for assuring the quality of care in nursing homes under the Nursing Home Reform Law, 42 U.S.C. §1395i-3. The law states that a “skilled nursing facility” must care for the residents such that the environment promotes the enhancement of the resident’s quality of life.
The legislation defines a skilled nursing facility as an institution that primarily provides residents with skilled nursing care or rehabilitation services for residents who require medical care or rehabilitation for injuries, disabilities, or illnesses. The law also states that a skilled nursing facility must provide services that maintain the highest practicable physical, mental, and psychosocial well-being of each resident, in accordance with a written plan of care.
In addition to complying with federal law, nursing homes in Phoenix are required to comply with Arizona state laws and regulations. Nursing homes in Arizona have a variety of codes to keep up with, including but not limited to 40 square feet of indoor activity space per resident, one toilet and one sink for every ten residents, and temperature regulation between 68 degrees and 82 degrees.
Dietary and dining requirements are also necessary for the health of a nursing home resident in Phoenix. A registered dietician must review the food menus used by the facility to ensure that they meet the nutritional requirements of each resident. Also, there must be enough dining tables and chairs for all residents, and the dining area must be separate from the kitchen where the food is prepared.
The law requires nursing homes to provide residents with information about their legal rights and to post the resident rights in a place that are visible and accessible. Some rights that help prevent nursing home abuse in Phoenix include the right to refuse treatment, freedom from abuse, neglect or unnecessary restraint, and the right to receive a referral to a different facility if they feel their current facility does not provide them with the correct physical or behavioral services.
If you are a nursing home resident that has had their rights infringed upon, or if you believe that a family member is the subject of abuse or neglect, you might benefit from seeking legal help. Fighting for your family member’s rights could be difficult on your own. Consult a Nursing home abuse lawyer to learn more about how you could hold negligent staff accountable and pursue financial compensation.