Posted on November 12, 2018 Nursing Home Neglect
Each year, 4 million elderly patients are reportedly subject to nursing home negligence in the United States, and there are an estimated 2 million at-risk living in negligent conditions.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) provides federal rules for ethical standards of patient care for nursing home and residential treatment centers. Legal protections from negligence are intended to ensure the rights of elderly and disabled patients residing in care facilities. Elderly and disabled patients have the inviolable right to articulate the terms and conditions of care, and to receive medical treatment that does not cause them further harm.
Federal and state laws set standards that nursing homes must follow in treating patients. Nursing homes and other long term care, rehabilitation care and similar facilities must provide a safe environment to resident patients. These facilities must follow protocols and care plans to ensure residents are not exposed to hazards, and make sure needs are met. Minnesota and Wisconsin state laws adhere to federal rules and regulations governing nursing homes.
Under U.S. federal law, residential treatment centers are obliged to uphold a duty to a professional standard of reasonable care of elderly patients. When a patient shows signs of mistreatment, they may have suffered intentional abuse or neglect. Violation of informed consent treatment of resident patients is grounds for a negligence complaint. If an elderly or disabled resident is put at-risk as a result of a nursing home’s failure to administer medication properly, failure to prevent falls and injuries, failure to prevent pressure sores, failure to meet daily needs, or other failures, the resident may have a legitimate negligence claim against the facility or its insurance company.
Negligence on the part of nursing home staff is increasingly cited as a common cause of elder abuse within personal injury cases. Duress associated with physical or psychological abuse is a risk an elderly or disabled patient cannot sustain. If an elderly or disabled patient residing in a nursing home has suffered from abuse or neglect during care or treatment, they may pursue a legal claim on their behalf. Minnesota and Wisconsin courts award compensatory damages for injury claims connected to nursing home abuse.
Board Certified by the National Board of Trial Advocacy, Bye, Goff & Rohde is an attorney practice serving clients in Minnesota and Wisconsin. Contact The Personal Injury Trial Lawyers at Bye, Goff & Rohde for legal consultation in a nursing home negligence matter.