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Nursing Home Abuse and Negligence - Legal Rights

Nursing home abuse and negligence are very serious issues, and could result in severe injury, disability, and even death. An elderly parent or relative may not be able to voice what happens to them, so it is up to you to take a legal stance in order to protect their rights. If you suspect nursing home abuse and negligence, it is vital that you contact a nursing home abuse lawyer right away to discuss your legal rights and actions to take. 

Nursing Home Residents Legal Rights

There are four categories of nursing home services under federal law, so a nursing home may or may not provide medical services, depending on the type of facility and local regulation. The four categories are 1) adult boarding services, which provides the most basic services limited to mostly room and board, 2) residential care facilities, 3) intermediate care facilities, and 4) skilled nursing facilities, which offer certain medical services.

All nursing homes are required to have written policies outlining prevention of nursing home abuse. The residents receive this document before they are admitted, and have the right to know about all services offered, the cost, and ways to file a complaint.

The residents will also have access to their own medical records and have the right to refuse treatment. In cases where the resident is not able to make these decisions, a next-of-kin or a person with the power attorney has these rights.

File a Nursing Home Abuse Complaint

If you suspect nursing home abuse, start addressing this right away by contacting the administrator of the home. The nursing home should tackle the problem right away, especially if the problem lies with just one or two employees. However, if there is no satisfactory resolution, then it is vital to contact a state agency to file complaints.

You should also contact an experienced nursing home abuse lawyer to determine if you should pursue legal action. The trusted New York nursing home abuse attorneys at The Law Offices of Mark E. Weinberger have been New York City's leading personal injury lawyers for over 30 years. Contact us for a free consultation with a nursing home abuse attorney today.

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