Neglect of basic needs in nursing homes is illegal. Your loved one has guaranteed rights, including proper access to food, water, shelter, medical care, and hygiene.
Without access to these essential items, older adults can suffer severe injuries or death. If you believe that your loved one is suffering from basic needs neglect, contact an attorney as soon as possible.
Basic Needs and Their Importance
As humans, our most basic need is physical security. These include elements required for human survival, including food, water, shelter, clothing, warmth, companionship, and sleep. According to the Centers for Disease Control and Prevention (CDC), even exercises is an essential need, especially for elderly adults.
Older adults must have every opportunity to stay healthy since their lives depend on it. If a nursing home does not meet this standard, then it is neglecting your family member’s basic needs.
For example, if a caregiver does not take the time to cut an elderly resident’s food into small portions, or to make sure they eat their meals, they can start to suffer from malnutrition. According to Mayo Clinic, this medical condition can have grave consequences on the health of an elderly adult.
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Your Loved One Has Rights
Ensuring that a nursing home adequately provides care and protection to your loved one starts by enforcing the laws surrounding them.
According to the H.R.3545 – Omnibus Budget Reconciliation Act of 1987, your loved one has a right to:
- Live in a dignified manner, free from humility
- Fair treatment and consideration
- Freedom from neglect
- A maintained or improved quality of life
- A safe environment with access to personal items
- Access to quality physical care
- Reasonable accommodation of needs
- Participate in social activities
- And more
When a nursing home neglects your loved one’s needs and results in an injury or health issue, you have the right to file a neglect of basic needs in nursing homes claim. You may recuperate money for you and your loved one’s harm.
Right to Raise Grievances
Ethical nursing home care means giving families access to a grievance process. You and your loved one have a right to present any grievances while being free from retaliation or discrimination.
The complaint board in your state must handle the issue, and swift action on behalf of the nursing home should resolve the problem. If it does not, you can choose to escalate the complaint by making an insurance claim or personal injury lawsuit.
Neglect Is Different From Abuse
Nursing home neglect and nursing home abuse are two types of cases. Each type can cause harm to long-term care patients in different ways.
Neglect is a nursing home’s failure to attend to a resident’s basic needs. Typically, neglect is unintentional. According to the National Research Council, abuse is a form of negligence comprised of willful actions.
Both federal and state laws apply to nursing home neglect. If the treatment your loved one received resulted in legal charges against the home, you generally do not collect money at a criminal trial.
You can pursue your case against it at the civil level. This process usually involves hiring an attorney to file a claim with the nursing home’s insurance company and negotiating from that point as the facts and evidence unfold.
If the nursing home is unwilling to meet your reasonable demands, then your attorney may recommend that you file a petition in a civil court.
Liability for Neglect of Basic Needs in Nursing Homes
When nursing home neglect occurs, the nursing home is liable for causing an injury or your loved one’s death. Typical reasons for basic needs neglect in nursing homes includes:
- Poor hiring practicing
- Improper training
- Inadequate supervision
The nursing home is liable for employees since they act on the nursing home’s behalf. Third-parties may also play a role since long-term care providers hire contractors to perform various tasks.
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How a Lawyer Can Help Your Family
Having a lawyer on your side when facing nursing home basic needs neglect can help you resolve the matter effectively and directly. He or she will investigate and document your case so that you and your loved one can go after negligent nursing homes.
While every case is unique, you can recover money to pay for:
- Medical treatment costs
- Nursing home relocation expenses
- Missed work wages if you took time off to help
- Physical pain and suffering
- Lost enjoyment of life
- And more
An attorney can help you assess your losses, including those that may extend into the future. For example, an ongoing medical condition could result from the neglect and continue to cost your family in medical bills.
Call Ben Crump Law, PLLC for a Free Consultation
If you are ready to get your loved one help, call Ben Crump Law, PLLC for a free consultation now. You can reach us directly at 800-959-1444.
We take cases on contingency fees and do not charge you anything upfront. Our legal team can take your case to trial if negotiations with insurers do not result in fair compensation for your loved one’s losses.