A resident in a nursing home has the right to be free from verbal, sexual, physical and mental abuse, and any physical or chemical restraint that is imposed for purposes of discipline or convenience, rather than to treat a medical condition. A nursing home that participates in the Medicare program gives rights under statute. If a nursing home is not regulated by federal statute, its residents will still have rights under state laws.
Neglect of an elder person in a nursing home is defined as the failure to provide him or her with services essential to health and safety, such as food, clothing, supervision, and medical care. Depending on the case these failures may either be neglect or abuse.
Several reasons can often contribute to the abuse or neglect of nursing home residents, including poorly trained and unqualified staff, inadequate numbers of staff and, reluctance of residents to report abuse out of embarrassment or fear. Unfortunately, many living in nursing homes are unable to properly communicate instances of nursing home neglect and abuse because of their physical or mental state.
If you suspect that your family member may be the victim of nursing home abuse notify the nursing home administrator immediately. The administrator is required to investigate and report it to the state agency. You should also contact the Department of Public Health (Licensing & Certification Division) or the County Long Term Care Ombudsman. Mr. Bryant is committed to helping bring justice to the elderly and their families.
Attorney Joel Bryant is committed to helping the elderly and their families. If you suspect that your loved one has been the victim of less than adequate care at their nursing home contact Joel Bryant today at (619) 239-7900 for a free legal consultation.
“Joel and his team were the help I needed to approach the nursing home that didn’t take good care of my grandmother. With Joel’s help, my grandmother was fairly compensated for the injuries she suffered as a result of the nursing home’s neglect and abuse.”Andrea C.
“When one of the most tragic events happened in my life, Joel Bryant and Jason Julius were there for me when I needed someone the most. They both were very professional, honest, compassionate, and supportive."Brent R.
“Joel was amazingly accessible, by phone, email and often, in person, and still is. He is a professional with an understanding heart, and a sense of humor. I still feel very fortunate to have had him on my side.”Michelle B.