Thursday, May 8, 2014

Preventing Nursing Home Abuse

Your involvement is key  to making sure nursing home abuse does not occur. Visit the facility frequently, so you assess firsthand the care. Try to vary the times you visit, so you can witness the care at all hours. If you have concerns, talk to the aides, nurses, social worker, administrator, or doctor.

Your state survey agency can be an excellent source of information. In each state's Department of Health, there is a division responsible for enforcement of nursing regulations. Yearly surveys are conducted, and the agency and follow up on these surveys investigating complaints submitted by family members. The division is required to provide you with they collect.

If you suspect a  resident is a victim of either neglect or abuse by the nursing home, a complaint should be filed with the state Licensing and Certification. This agency has the power to file a citation against the facility as well as fine and require corrective action.

Many are afraid to issue a complaint against the nursing home for fear of retaliation against the resident. If you have these concerns, the licensing agency can assist you with procedures designed to protect your family member. A common option chosen by many is to move the resident to another facility while the investigation takes place.

The complaints can be made either orally or in writing. Investigators will visit the facility as early as 10 days after the complaint has been issued. The nursing home will not be notified of the investigation in advance. Evidence will consist of observations, statements from witnesses, and facility records. If the investigator determines the complaint is warranted, a citation will be issued.

The person issuing the complaint will be notified of the decision in writing. If the complainant is not satisfied with the decision, an informal hearing may be conducted. If the decision from the hearing is still unsatisfactory, the plaintiff can appeal for review.

You have the right to take private legal action against the  home. However, each state has a certain time frame in which legal action can be taken. Once this time passes, a case can no longer be filed. Therefore, it is important to consult the advice of an attorney who can protect the rights of your loved one and guide you through the legal process.

If you suspect a family member has been the victim of nursing home abuse, visit waukeshapersonalinjurylawyer.com/waukesha_personal_injury_lawyer.aspx waukeshapersonalinjurylawyer.com today.








Joseph Devine

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