We Are Whelchel & Carlton, LLP

Guidance for families concerned about nursing home negligence

On Behalf of | Oct 31, 2024 | Nursing Home Neglect

Entrusting strangers in a care facility to look after a vulnerable loved one is difficult, to say the least. When a nursing home fails to provide proper care and attention, residents can suffer severe physical and psychological harm.

If you are worried about the care your loved one is receiving in a Medicaid or Medicare facility, the right information can offer clarity and potential solutions.

Recognizing nursing home negligence

Negligence manifests in various ways, including poor hygiene, unexplained injuries and behavioral or mood changes (depression, fearfulness, etc.). Document any signs of neglect or abuse with photos, notes and other potential evidence in case you need to take legal action.

Actions not allowed in nursing homes

Care facilities may not rule over residents with an iron fist, even if they believe it serves a resident’s interests. In nursing homes paid with government funds, staff members may not:

  • Withhold necessary medical care
  • Fail to protect residents from abuse and neglect
  • Use physical or chemical restraints inappropriately
  • Refuse to report abuse or neglect
  • Retaliate against residents for reporting issues
  • Provide inadequate staffing levels

Engaging in these and other activities violates the rights of residents and often constitutes abuse, neglect or both.

Rights of nursing home residents

Nursing facility residents have many state and federal rights, including the right to receive proper medical care, nutrition and hydration and be free of abuse, neglect, isolation and other harm. Residents or their family may sue the facility amid abuse or neglect and for violations of rights.

If you suspect neglect or abuse, don’t hesitate to act. That includes seeking legal guidance. This can help you protect your loved one and hold those responsible for their mistreatment accountable.