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Your Guide To Nursing Home Abuse And The Law

By Tim Popper

Nursing homes and medical rehabilitation facilities provide care that your loved ones need during the most critical periods of their life. Ideally, you would take care of your loved ones until they fully recover from surgery or leave this world, but that is not always possible. There are often circumstances that require you to seek out professional care for your loved ones. For instance, if you cannot provide around the clock care that you know your loved one needs, a residential facility is the best place or them to live. Since their life is in the hands of these medical professionals, you must select a nursing home with great care.

You cannot check your loved one into a nursing home and go on with your life. You have to remain active in their lives to ensure that they are being cared for according to nursing home law. This means the nursing home provides a safe facility, delivers medication on time, and properly grooms your loved one. You will make the best decisions on behalf of your loved one if you familiarize yourself with laws pertaining to nursing homes before selecting a nursing home or your loved one.

Do you think Medicare is going to pay for all charges incurred when your loved one stays in a nursing home? This is a common mistake that you will correct if you study the law. Medicare actually stops paying for nursing home charges after the 100th day of your loved one’s stay. Medicare will pay in full for your loved one’s care for 20 days, and then you must pay $144.50 per day until they reach the 100th day. Further, this coverage can be denied if your loved one does not stay in a hospital for at least three days prior to being admitted into the nursing facility. The hospital’s discharge diagnosis and the nursing home’s admission diagnosis must match completely.

Medicaid eligibility is determined by the state you live in. If you start gathering information as soon as you can, you will feel more comfortable with your interviewing of the different nursing homes. Your decision will also be more easily made with the assistance of knowledge of the nursing home laws.

The federal government regulates every nursing home to ensure proper care of each patient. Once your loved one is admitted, they should be thoroughly evaluated for functional capacity and a plan of care should be implemented. When these guidelines are not followed, the nursing facility may be shut down or issued fines.

The nursing staff in a nursing home should make sure your loved one is well groomed and nourished while they are in the facility. If they are able to bathe, feed, and dress themselves when they go into the facility, then they should be able to do those things when they come out. If your loved one cannot do these things for themselves, then it is the job of the nursing staff to do it for them.

Your loved one also has the right to nutritious food while staying in a nursing home. The nursing home must provide nutritious meals that support your loved one’s health prevent the development of pressure sores. The facility must also ensure your loved one remains well hydrated while in the facility.

What happens if your loved one does develop a pressure sore while in the nursing home? The nursing staff is obligated to immediately address the problem so it does not grow into multiple sores that cause considerable discomfort or pain for your loved one. The nursing staff must also properly treat all problems that develop with your loved one while in the nursing home, and that includes problems with your loved one’s bowels.

It is important to understand that a nursing home is not required to provide around-the-clock care. They are not required to dedicate nursing staff only to the care of your loved one. What they are obligated to do is ensure your loved one is properly monitored by the right equipment and attended to in an efficient manner. They must provide enough care to ensure the health and well being of your loved one.

Pharmaceutical services are to meet the needs of each resident. The home is also responsible to ensure that the residents are free of medication errors. The residents also have the right to receive proper treatment to maintain vision and hearing abilities. The nursing home is responsible by law to maintain accurate and accessible clinical records on each of its residents, including medication records.

Your loved one is entitled to a reasonable quality of life while staying in a nursing facility. The exact laws that regulate these facilities can vary by state. Make sure to look into these laws so you can determine whether each facility you consider for your loved one is up to the standards required by law.

Do you know all of the state and federal laws that pertain to your loved one’s care while in a nursing home? If not, you have some studying to do. It is your responsibility to know what your loved one is legally entitled to while in a facility and to ensure the nursing home lives up to those legal requirements of care. Once you know the laws, completely investigate every facility you consider for your loved one. Talk to other residents if you can, and make sure to check for past problems with the state.

Visit The Ryder Law Firm for more information on nursing home and elder care abuse and legal information.

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Article Citation
MLA Style Citation:
Popper, Tim "Your Guide To Nursing Home Abuse And The Law." Your Guide To Nursing Home Abuse And The Law. 2 Apr. 2014. 27 Jul 2014 <>.

APA Style Citation:
Popper, T (2014, April 2). Your Guide To Nursing Home Abuse And The Law. Retrieved July 27, 2014, from

Chicago Style Citation:
Popper, Tim "Your Guide To Nursing Home Abuse And The Law"

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