When a loved one must move into a nursing home, it is likely because the care they require far outweighs what you can provide to them. This is a decision that was probably difficult to come to terms with. The last thing anyone wants is for someone they care for to be placed in a nursing home. And no one wants to end up in a facility that is unsafe or riddled with issues. There are signs you can look for to determine if a nursing home you are considering may be dangerous. And, if you later discover problems with a nursing home where your loved one has been placed, it is important to know what you can do about it.
Nursing Home Law
In order for a nursing home to be able to accept Medicaid and Medicare funding, they must adhere to specific state and federal guidelines. These standards were put in place to protect residents and ensure that they are properly cared for in a nursing home setting. Some of these standards include:
When nursing homes do not comply with the laws put in place by State and Federal government, such as New Jersey’s Nursing Home Reform Act, they may face serious consequences.
Red Flags to Look For
The task of choosing a nursing home should be taken very seriously. Knowing what constitutes a “red flag” for quality care may help you to ensure that you place your loved one in a safe and reputable facility. Some points for consideration include:
One key factor that would allow you to truly be able to spot red flags is to visit the nursing home in person. This will give you the opportunity to assess the facility for any problems.
Reporting Problems with a Nursing Home
The course of action will be different depending on whether you simply witness abuse or concerns when looking for a nursing home as opposed to when you discover that your loved one has actually suffered abuse or mistreatment in a facility. If you directly witness abuse in a nursing home, start by contacting the police. You may also be able to file a formal complaint with the state agency designated for managing such complaints. When it comes to an injury or abuse suffered by your loved one, the process may be more complex. Once you have been able to secure your loved one’s safety, you may want to consult with a nursing home lawyer in Trenton, NJ.
If you or someone you love has been the victim of nursing home abuse or had their rights violated in some way, you may want to consider whether taking legal action is in your best interest. The road following abuse can be lengthy, your loved one may be forever changed. Contact a nursing home lawyer Trenton, NJ clients recommend so they may help you sort through the legalities of your case.
What Are the Legal Rights of Nursing Home Patients?
As a skilled Trenton, NJ nursing home lawyer, Davis & Brusca routinely counsel clients that their loved ones have legal rights as a resident in an assisted living facility. The federal government has mandated certain protections to nursing home residents. Each state has additional laws that are intended to protect those under the care of these facilities. New Jersey is no exception in this regard, and has a comprehensive “residents’ rights” statute. Due to the complexity of these laws, it’s important to work with a lawyer who is familiar with them.
At Davis & Brusca, LLC our nursing home lawyers in Trenton, NJ have assisted many nursing home residents and their families when their rights were violated, or when the careless actions of a nursing home placed their loved ones in harm’s way. If you have reason to believe a loved one’s safety or rights may have been violated, call our office immediately and request a consultation with a nursing home lawyer from our firm. These consultations are offered free of charge.
Depending on the nature of your concern, our nursing home lawyers in Trenton, NJ can provide you with detailed information as it pertains to your situation. However, here is a general guideline of the rights your loved one has at their New Jersey nursing home:
If you have concerns about the welfare of a family member who is in living in a nursing home, call Davis & Brsuca, the nursing home lawyer Trenton, NJ relies on, today and request a free consultation.