Nursing home negligence causes

Normally negligence refers to an act that holds people responsible for their careless actions which leads to suffering harm to elder people. The negligence effects include car accidents, dog bites, malpractice. In nursing home neglect, negligence occurs when an employee injures a resident by fail to provide a reasonable standard of care, taking into account, all the facts and situations. Then court considers things like common practices in the industry, and regulatory standards established by the government. 

Besides negligence, victims can sue specific federal or state statutes and bring a tort action for intentional conduct. The nursing home abuse involves intentional acts, and other careless mistakes or oversights. Cases involving wrong conduct with elder patients shall justify an award for punitive damages, compensate the victim, and immediately punish the offender. The other types of compensation used for nursing home cases include medical expenses, physical suffering, and mental anguish. Suppose if the victim passes away, loss of consortium and support for surviving relatives is offered.  


Nursing home regulations

The congress has formulated regulations related with nursing home negligence acts done to elder people. These regulations make sure that services and activities are provided efficiently to maintain the mental, physical, and psychological well being of people.

The various federal requirements to be complied with nursing homes include efficient nursing staff, perfect assessment of the patient’s functional capacity, development of exclusive care plan, prevention of deterioration related with patient’s ability to groom, ambulate and to communicate.

The nursing home regulation ensures good nutrition, personal hygiene, good treatment, and efficient devices to maintain vision and hearing abilities. If a patient has pressure sores, necessary treatment and services has to be provided to promote healing, thus preventing infection and further development of new sores.

Civil actions against negligence

State legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and their employees.

These causes of action authorize damages awards to victims, the issuance of injunctions and protective orders, for immediate relief from ongoing abuse or neglect. Nowadays some states have special statutory rights of action for the violation of the rights relating with long-term care facilities.

In order to get qualified for Medicaid funds, long-term care facilities that get qualified as skilled nursing facilities must meet certain federal, statutory and regulatory requirements. The most significant federal requirement is that such facilities has to comply with a residents bill of rights which ensures that people have the right to be free from sexual, physical mental abuse, corporal punishment and involuntary seclusion.