Federal Nursing Home Abuse Laws

Nursing home residents are protected by a number of federal laws, which require nursing homes across the country to meet certain standards when caring for residents. To learn more about these protections or to speak with an experienced Tulsa nursing home abuse lawyer about your own loved one’s rights, please call our office today.

Federal Nursing Home Laws

Federal nursing home laws apply on a national scale, which means that long-term care facilities in all 50 states must comply with them. While a number of these statutes have been passed in the last 60 years, a few stand out as being particularly important to residents, including the Nursing Home Reform Act. This federal law requires nursing homes to:

• Assess the health status and individual needs of their residents;
• Develop written plans for each resident;
• Provide residents with proper nutrition, hygiene, and hydration;
• Maintain accurate and accessible records;
• Maintain a proper staff to resident ratio; and
• Provide adequate supervision to prevent falls.

The Nursing Home Reform Act also created a bill of rights for residents, guaranteeing them the rights to:

• Proper healthcare and treatment;
• Privacy;
• Be free of physical restraints;
• Voice their complaints without fear of reprisal;
• Make their own decisions (if deemed mentally competent); and
• Be fully informed in advance of any changes in care, treatment, or status at the facility.

This is not the only federal law on the books that protects nursing home residents from abuse. The Elder Justice Act, for instance, requires nursing homes to conduct thorough background checks on their employees and mandates the reporting of crimes against residents. All nursing homes are governed by these federal laws, so facilities that fail to comply with these rules and regulations can be held liable by wronged residents and their families.

Filing a Lawsuit Under Federal Law

When a nursing home resident suffers an injury because of a facility’s negligence or intentional wrongdoing, he or she can file a civil lawsuit under federal law. Often, these claims are based on the following allegations:

• A facility’s failure to keep its premises safe by preventing falls and physical assaults;
• Negligent hiring or a failure to train and supervise employees;
• A failure to provide clean and sanitary conditions for residents;
• A nursing home’s failure to provide adequate medical care to residents;
• Intentional acts of violence or other forms of abuse; and
• Neglect, resulting in malnourishment, dehydration, bed sores, and other health problems.

Unfortunately, it’s not always easy to determine who is at fault when a loved one is injured at a long-term care facility. In these cases, having an attorney on your side can make all the difference in the success or failure of a claim.

Tulsa Nursing Home Abuse Lawyers

Please contact the dedicated Tulsa nursing home abuse attorneys at Levinson Law, P.C. to learn more about the federal laws that are in place to protect your own loved ones. You can set up a meeting with us by calling a member of our legal team at 918-492-4433 or by filling out one of our online contact forms.

Resource:

law.cornell.edu/uscode/text/42/1395i-3