Nursing Home Neglect

By far, the most common complaints I receive concerning nursing homes is that the staff are not properly trained and are not responsive to the resident’s needs. This is highly disturbing since the Omnibus Budget Reconciliation Act (OBRA), the cornerstone of nursing home law, provides that facilities must provide services that a resident needs to attain or maintain the highest practicable physical, mental and psycho-social well-being in accordance with a written plan of care. Moreover, the law requires high quality of care for all residents regardless of the source of payment.

Nursing Home Care Standards

The requirements of OBRA represent a minimum accepted standard of care that nursing homes are required to provide. Nursing homes that fail to provide the proper standard of care can be held accountable for injuries and damages that result as from negligent care.

Sometimes, nursing home neglect is obvious. It is easy to tell when nursing home staff fail to change soiled briefs, conduct improper wound care, do not bathe residents or leave residents in soiled clothing. This type of neglect and abuse should be immediately reported to your state’s department of health.

In other cases, it is not so easy to tell if a loved one is being neglected or abused. Some nursing home caretakers and administrators lie to family members to cover up negligent acts or the facilities failure to provide proper care. These lies can be relatively benign such as “I just came from your mother’s room, and she doing great” when no such visit was made. Or, the lie may be told so to avoid accountability for serious injuries that were caused by negligent care. Families are sometimes given false statements concerning how an injury occurred or why an adverse event happened. For example, an administrator may tell family members that “the nurse diverted her attention for a split second and the resident fell” only to be contradicted by medical records that show the resident was found on the floor of his/her room after being left alone for several hours.

Brent Wieand: Nursing Home Abuse Lawyer

If your family member is seriously injured you have the right to investigate why this occurred. And you don’t have to do it alone. Nursing Home Injury Help Center attorney, Brent Wieand, is on your side. Call Brent for a free, no obligation consultation if you think your loved one was injured due to negligent acts of a nursing home or long term care facility.

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