Nursing Home Negligence

There are numerous federal and state laws that protect nursing home patients from abuse and neglect. But while states can develop and enforce their own negligence laws, nursing homes in all states must observe the minimum federal requirements for long term care facilities in order to participate in Medicaid and Medicare programs. Under federal regulations, nursing homes must:

• Employ enough nursing staff. (42 CFR §483.30)
• Conduct an initial, accurate assessment of a resident’s functional capacity. (42 CFR §483.20)
• Create individual care plans that meet the needs of each patient. (42 CFR §483.20)
• Ensure that residents are able to bathe, dress, groom, ambulate, use the toilet, eat and communicate properly. (42 CFR §483.25)
• Ensure that residents maintain good grooming, nutrition and oral hygiene. (42 CFR §483.25)
• Ensure that residents receive proper treatment to maintain their vision and hearing. (42 CFR §483.25)
• Ensure that residents remain free of bed sores and receive the proper treatment should bed sores occur. (42 CFR §483.25)
• Ensure that incontinent residents receive treatment that restores their normal bladder function as much as possible. (42 CFR §483.25)
• Ensure that residents receive proper supervision and assistive devices to prevent accidents. (42 CFR §483.25)
• Maintain a positive nutritional status for each patient. (42 CFR 83.25)
• Ensure that residents receive proper hydration. (42 CFR §483.25)
• Ensure that medication is properly prescribed and received. (42 CFR §483.25)
• Maintain residents’ quality of life. (42 CFR §483.15)
• Ensure that residents enjoy dignity and respect. (42 CFR §483.15)
• Ensure that residents are able to choose their own activities, schedule and health care. (42 CFR §483.40)
• Ensure that residents receive proper pharmaceutical treatment. (42 CFR §483.60)
• Ensure that the administration of pharmaceuticals allows the care facility to use its resources effectively. (42 CFR §483.75)
• Maintain accurate and accessible clinical records for each resident. (42 CFR §483.75)

If you feel that you or your loved one have received improper nursing care, contacting an experienced personal injury attorney will help you determine your case and receive just compensation if the care facility acted negligently.