Somerset Nursing Home Abuse Lawyer

Caring for aging relatives and loved ones is difficult. For many people, a time comes when his or her loved one can no longer live alone, but they do not have the resources to provide the necessary care themselves. This often leads people to seek help from a nursing home or other facility that specializes in caring for the elderly.

Many of these facilities offer a great solution by providing relief for families and an appropriate balance of care and independence for the aging population. Sometimes, however, these facilities can harm residents—whether intentionally or through carelessness, a lack of training, or insufficient resources.

If you or a loved one has been harmed in this way, a Somerset nursing home abuse lawyer can help make your situation right. Call today to speak with a compassionate personal injury attorney about your case.

Common Evidence of Elder Abuse

Nursing home abuse is not always obvious and can be difficult to prove. It is rare for a third party to observe abuse directly, and often, the victim may be incapable of communicating what has happened to him or her.

Therefore, it is important to be able to recognize signs that abuse may have occurred, including:

• Frequent falls
• Malnutrition or dehydration
• Unexplained cuts or bruises
• Extreme weight gain or weight loss
• Increased emotional or mental distress
• Refusals to speak or interact with the facility’s staff

If you notice any of these signs, the facility may or may not help rectify them. A Somerset lawyer with experience handling elder abuse claims can investigate to determine whether abuse occurred, assist in rectifying the situation, and seek fair compensation for injuries.

State & Federal Nursing Home Regulations

Simply avoiding physical abuse, however, is not enough. There is a vast landscape of state and federal law meant to protect elders’ rights in long-term care facilities. Every case is different, and different laws may apply to different facilities depending on where they are located, whether they receive federal funding, and other factors. However, examples of regulations that may apply include:

• 42 CFR § 483.10(e) – provides that anyone living in an assisted facility should be treated with dignity and respect at all times
• 42 CFR § 483.10(e)(2) – states that no nursing facility can prevent residents from keeping and using his or her personal belongings, as is reasonable given the space available and any safety issues
• 42 CFR § 483.10(e)(7)(iii) – provides that a resident of a nursing home does not have to consent to a transfer to another room if the only reason for the change is that it would be more convenient to the facility or its staff
• 42 CFR § 483.10(g)(9); 42 CFR § 483.10(h) – residents can keep some things private and confidential, such as his or her medical records and any electronic communications
• 42 CFR § 483.10(j)(1) – residents should be able to communicate his or her grievances to the nursing home without the nursing home retaliating in any way

A knowledgeable Somerset nursing home abuse attorney can help you understand which laws apply to your loved one’s facility, investigate whether applicable laws have been violated, and help you understand what your options are in response to any violations.

Seek Help From a Somerset Nursing Home Abuse Attorney

The elderly deserve respect and should be able to live out their final years in peace and comfort.

If you or a loved one have been injured or abused during a stay at a care facility, you deserve to have the situation made right. A Somerset nursing home abuse lawyer at Marcus & Mack can help you get the compensation and treatment to which you are entitled.