What Legal Protections Do The Elderly Have Against Nursing Home Abuse?

What Legal Protections Do The Elderly Have Against Nursing Home Abuse?

In 1986, Congress became concerned about nursing home abuse, and subsequently, upon its request, the Institute of Medicine conducted a study of nursing home conditions that led to the legislature passing the Nursing Home Reform Act (a section of the Omnibus Budget Reconciliation Act of 1987). The act created significant reform, including establishing that nursing homes had to be certified by the state and in compliance with requirements to receive Medicaid and Medicare payments for residents requiring long-term care. The act established a Bill of Rights for residents that guaranteed freedoms from abuse, neglect, mistreatment and physical restraints, and rights to privacy, dignity and self-determination. Residents had the right to voice grievances and communicate freely. They had to be fully informed in advance about any changes to their plans of care, treatment or status in their facility. The act set standards for the services that residents would receive, including rehabilitation, pharmaceutical, dietary and social services. Facilities with more than 120 beds were required to have a social worker on staff.

Despite improvements in legal rights, nursing home abuse still exists today in the form of malnutrition, dehydration, bed sores and other substandard dare. Just as it is vital to know what laws apply to any legal matter, so, too, is it important to understand your legal options in cases involving nursing home abuse. Attorneys in Manhattan can help you exercise your rights under the law if you or a loved one is subjected to nursing home abuse. Your choice in Manhattan nursing home abuse lawyers is a crucial one — an experienced law firm can investigate, gather evidence and prepare a strong case to seek justice.

At Rich & Rich, P.C., we fight vigorously on behalf of our clients to hold negligent parties accountable. Call 646.736.3999 to learn how we can help.

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