Nursing Home Malpractice

Nursing Home Neglect, Abuse and Malpractice: A Lawyer to Fight for You
Abuse and neglect happen more often in nursing homes than many people would like to believe. In 2002, federal agencies reported that 30% of the nation’s 17,000 nursing homes have been cited by state inspectors for violations that harmed residents or put them in immediate jeopardy. Reports submitted to Congress indicate that over one million Americans live in nursing homes where there are not enough staff to give good care, and 40% of the residents are malnourished or dehydrated.

According to the Nursing Home Reform Act of 1987, all residents in nursing homes are entitled to receive quality care and live in an environment that improves or maintains the quality of their physical and mental health. This entitlement includes freedom from neglect, abuse, and misappropriation of funds. Residents do not surrender their rights to protection from criminal acts when they enter a facility. In addition to the legal information below, we also have information on the following:

Nursing Home Malpractice: Lawyer Provides Legal Information

Evidence of Nursing Home Malpractice—Various federal, state and local laws protect nursing home residents and specify procedures that must be followed for the health and safety of those residents. Violation of those laws may subject nursing home operators and staff to criminal and civil penalties. Those statutes also define the standard of care that must be followed by the nursing home. Violations are evidence of negligence.

Compensation for Nursing Home Malpractice—If a nursing home fails to administer adequate care, you or your loved one may be entitled to compensation. This compensation may cover medical bills, pain, suffering, disfigurement and even losses suffered by the resident’s family if the resident happens to die as a result of the situation.

Focus of Nursing Home Malpractice Lawsuits—Most nursing home abuse cases focus on the following:

Physical abuse, the use of force resulting in bodily injury or physical pain. This includes the inappropriate use of drugs and physical punishment of any kind.
Sexual abuse, non-consensual sexual contact, including unwanted touching, rape, sodomy, coerced nudity, and sexually explicit photographing.
Emotional or psychological abuse, the infliction of anguish, pain or distress through verbal or nonverbal acts and verbal assaults. It also includes ignoring a vulnerable adult, denying their rights, and using racist language.
Neglect, the failure to fulfill any part of a person’s obligations or care responsibilities, such as providing food, water, clothing, shelter, personal hygiene, medicine, comfort, and personal safety. Examples include:
- Incorrect body positioning;
- Lack of toileting or changing of disposable briefs;
- Lack of assistance eating and drinking;
- Lack of assistance with walking;
- Lack of bathing;
- Poor hand washing techniques;
- Lack of assistance with participating in activities of interest;
- Ignoring call bells or cries for help.
Abandonment, the desertion of an elder by an individual who has assumed responsibility for providing care or by a person with physical custody of an elder.
Financial or Material Exploitation, the illegal or improper use of an elder’s funds, property or assets.

Elder Abuse and Nursing Home Malpractice—In general, elder abuse is defined as any intentional or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult. Elder abuse is also a violation of an individual’s human and civil rights. Nursing homes are held liable for elder abuse.

Nursing Home Neglect and Abuse: Lawyer and Free Consultation
Senior partner Fred Pritzker, a certified civil trial specialist, has devoted his 29 years of practicing law to helping injured people. He is nationally recognized for his ability to litigate complex legal and medical cases and has been selected for inclusion in the 2005-2006 edition of The Best Lawyers in America. Call him toll-free at 1-888-377-8900, email him at info@pritzkerlaw.com, or fill in our online consultation form.

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