When a lawsuit of abuse and neglect is brought upon a care facility, the resident family or loved one alleges that the facility intentional abused or neglectfully injured the elder resident through the care and treatment of the medical professionals. While care facilities are both health care providers and businesses, they are legally required to perform the job that they are paid for, which is to provide services, care, treatment, and assistance to the residents.
Along with having to perform their job duties, these facilities are legally responsible for any injuries that an elder person endures by negligence or intentional acts. The Federal Nursing Home Reform Amendments, established in 1987, increased the rights of residents. This reform requires that:
- A nursing facility must have a written plan of care that strives to achieve and overall well-being of the resident physically, mentally, and psychosocially
- A nursing facility must assess the resident’s capabilities by performing an accurate, comprehensive, and standardized reproducible evaluation
- A nursing home must always have a dietician present to ensure that the dietary needs and daily nutrition of each resident are met
- A nursing home must always have medical professionals present to ensure that a resident has their physical, mental, and psychosocial met for their well-being
- A nursing facility must keep all of the resident’s clinical records like their plan of care
- A nursing facility must ensure that the residents are free from involuntary isolation, mental abuse, physical abuse, sexual abuse, corporal punishment, and any restraints that are for the purpose of punishing the elder
While the Federal Nursing Home Reform Amendments prohibits nursing homes from trying to do whatever they want, abuse and neglect still occur within these facilities. Understaffing their facilities, hiring employees without conducting criminal background checks, not providing effective security, hiring untrained and unskilled medical professionals, and not maintaining appropriate records, just to name a few factors of which neglect and abuse can take place. The challenge for the plaintiff of an abuse and neglect case is proving how the injury or condition endured by the resident could have been prevented and would have been had they adhered to the mandated treatment plan.
Without rules and regulations, everyone would do as they believed and as they wanted to. The Best Miami elderly abuse lawyers are aware that these rules and regulations are often violated and an elderly person has to suffer the consequences of an unintentional neglectful act or an intentional abusive act. A lawsuit can be filed to recover for all of the damages that the elderly person had to suffer, along with their family. These facilities are places where people are entrusted to receive reasonable care and treatment for the time that they will remain there, not live in misery and pain.
Our best personal injury attorneys in Miami, FL will work extensively to recover the maximum amount of monetary compensation for their clients. Do not wait and ask questions today. The firm provides a free/no obligation consultation.