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Five Things Nursing Homes Cannot Do

NursingHome

It is common knowledge that nursing homes cannot abuse or neglect their residents. The entire purpose of nursing homes is that elderly individuals have a place to receive the support they need when they or their family can care for them. However, there are other things nursing homes are prohibited from doing and these are not as well known. Below, our Tampa nursing home abuse lawyers explain what these are.

Withhold Appropriate Care and Treatment 

Again, nursing home residents are there to receive the care and treatment that they cannot otherwise obtain. Many need round-the-clock care. Nursing homes are expected to provide this care but they fail to. The main reason for this is that they would rather save money.

For example, nursing homes may not hire enough staff members in an effort to reduce their payroll, but it also means residents are not getting the attention they need. Or, nursing homes may choose to provide a less effective medical treatment because it protects their bottom line. All of these actions are prohibited if it means residents do not get the appropriate care and treatment they need.

Violate the Privacy of Residents 

All nursing home residents have a right to privacy during their stay in a facility. This right is protected under federal law. If staff members repeatedly violate a resident’s privacy, it not only infringes on their rights but it may also be a sign of abuse.

Make Important Decisions for Residents 

There are some decisions staff members will have to make for residents. For example, administrators decide to a certain extent what residents eat during the week. However, nursing homes cannot make important decisions for residents that will have a significant impact on them. Even if a resident suffers from a condition such as dementia, their legally designated representatives must make decisions for them. When a resident is of sound mind, they have the right to make decisions for themselves. Administrators and staff members must never make import decisions, such as those regarding medical care, for residents.

Close Without Notice 

Under the Elder Justice Act, nursing homes must provide all residents with 60 days’ notice before they close permanently. This ensures that vulnerable residents will not be left stranded and without a place to go in the event that the facility they are staying in does close.

Hire Staff Members Considered High-Risk 

Also under the Elder Justice Act, nursing homes must conduct thorough background checks on all potential staff members. They are prohibited from hiring anyone who has a criminal or violent history. This protects the safety and well-being of residents.

If you suspect nursing home abuse or neglect, it is critical that you report it. At Kohn Law, our Tampa nursing home abuse lawyers can advise on the different ways to report, and help you remain anonymous, if you choose to do so. We can also investigate your case and ensure your and your family receive the maximum compensation you deserve. Call us now at 813-428-8504 or fill out our online form to schedule a consultation and to get more information.

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