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Elder
Law
A nursing home exists to care for elders that do not require
constant, intensive hospital care, but need more care
than they can provide themselves at home and elder law
is meant to protect them and provide the best care. A
nursing home is able to administer care for elders requiring
some management of a medical condition without needing
the delicate care of a hospital facility. Today there
are over 17,000 nursing homes nationwide, with 1.6 million
nursing home residents, and with that many facilities
in operation it is important that elder law is upheld.
The
need for a nursing home is based on the individual's
requirement for constant assistance and since they are
unable to provide the best care on their own, elder
law is important. A nursing home is different because
it does not require that resident to be watched 24-hours
a day, but for instance the elder may need help moving
around or remembering to take medication at certain
hours. About half of every nursing home resident requires
some type of assistance with at least three of their
every day routines. Instances of abuse and neglect have
resulted in nursing homes that indicate elder law is
not as strong as it should be in protecting loved ones.
Currently, elder law is under high public scrutiny.
What
constitutes a nursing home or nursing facility?
What
is institutional elder abuse?
How
can you tell that elder abuse is occurring?
Should
I contact an attorney if a loved one has been neglected,
abused, or otherwise injured in a nursing home or other
assisted living facility?
Do
nursing home staff have to report abuse if they see it?
How
prevalent a problem is elder abuse?
What should you do if you fear elder abuse of your loved
one?
What types of damages are recoverable?
You should be aware of what rights
exist for a resident inside a nursing home. Upon admission
of an elder to a nursing home, they should provide you
with a copy of Federal
and State rules and regulations. In addition, obtain
a state copy of rights and regulations as they apply to
nursing homes in your state. This can be obtained from
the state department of health. In addition, you should
be aware of who the nursing home advocate or ombudsman
is and how to contact
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Should
I contact an attorney if a loved one has been abused
in a nursing home or other assisted living facility?
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It
is very important that you contact
an attorney if you suspect that your loved one is
being abused or neglected
inside a nursing home. A knowledgeable attorney can
help you protect your loved one's legal
rights.
If
the immediate safety and health of your loved one is
not in jeopardy, but you feel that they have suffered
some form of abuse or neglect, you should contact
an attorney.
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Simply because
you let the state know about a specific
offense, may
not bring you the  justice
that you and your loved
ones deserve. Taking legal
action
is often the quickest and most direct route to obtaining
justice for institutional
elder abuse.
The state agent handling the case is supposed to contact
the individual who filed the complaint
to discuss the complaint in more detail. Many states
tell you that they will contact you within a few days
of receiving your complaint.
The agent is then supposed to make a surprise visit
to the facility to investigate the specific complaint.
In the case that the alleged offense is found to be
true, the state will take whatever steps they feel is
appropriate.
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