Arlington Nursing Home Lawyer

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Abuse and Neglect in Assisted Living Facilities

Families looking for a top nursing home lawyer Arlington VA has to offer are likely dealing with a very stressful situation: finding out that an elderly relative is being abused or neglected in a nursing home or assisted living facility. Assisted living situations, in particular, can be difficult when determining how much liability truly falls on the shoulders of the facility and staff.

At Cohen & Cohen , we know that clients might be looking for a nursing home lawyer Arlington VA can provide because they have questions about whether their relative could make a successful claim or lawsuit. While assisted living homes typically are not held to the same standard of reasonable care as traditional nursing homes, there is still a duty to provide adequate care to residents. Here’s a quick look at what these abuse and neglect cases might entail.

What is an assisted living facility?

These facilities provide care for elderly individuals who cannot live by themselves, but there is still some level of independence given to residents. Other types of assisted living facilities may also serve younger individuals with disabilities who do not need intensive care at all times but still require some amount of assistance throughout the day.

These facilities often have individual living spaces for residents resembling small apartments. Similar to nursing homes, staff members are typically on-site 24 hours a day and can assist with various basic living needs.

What types of duties would a typical assisted living facility provide to residents?

Assisted living facilities typically provide less care to residents than a nursing home would provide. However, as an experienced nursing home lawyer in Arlington VA would explain, assisted care facilities still have a legal obligation to provide certain duties to residents. Typical duties of an assisted living facility might include:

• Daily meals for residents that abide by each individual’s dietary restrictions
• Monitor and track health appointments
• Provide medications properly
• Assist with cleaning each resident’s living space
• Organize social activities
• Assist residents with basic living duties as needed, e.g., eating, dressing, bathing, and other hygienic needs

Each facility will likely have its own written policy of the types of duties that residents can expect to receive from staff members. When these duties are not fully met, the nursing home may be considered negligent.

If assisted living facilities operate based on giving residents independence, how exactly can a case of negligence be brought to court?

Just like nursing homes, assisted living facilities are legally responsible for providing a certain standard of care to residents. As a seasoned nursing home lawyer Arlington VA trusts might explain, it’s still possible for these facilities to exercise negligence even when giving residents their independence.

Examples of negligence in an assisted living facility might include failing to provide a resident with his/her correct medication. Other examples could include failing to keep a resident’s living space clean, failing to assist residents with sanitary needs, and failing to clean residents’ clothes/linens.

Is it possible to take legal action when negligence or abuse has occurred?

It could be justifiable to file a civil claim, particularly when injuries have resulted from the facility’s negligence. If a resident is being abused by one or more staff members, this is considered just as illegal as if it occurred anywhere else.

A difficult factor in nursing home abuse and neglect situations is that elderly residents — particularly those with cognitive degeneration — may not remember what happened. They might not even understand that what they are experiencing is abusive or neglectful. This could make it difficult for a Arlington VA nursing home lawyer to present a solid legal case. In cases involving assisted living facilities, however, residents may be more capable of recognizing what is happening. They may even be able to collect evidence of these wrongs.

Ultimately, it is generally a good idea to speak with a trusted nursing home lawyer Arlington VA has to offer before choosing to take any legal actions.

How would an assisted living injury case be handled in court?

Because assisted living facilities generally do not have to abide by the same standard of care as nursing homes, the standard for judging the facility’s liability may depend on how the facility was negligent.

Situations that are based on medical needs, such as failing to provide necessary medication, may be deemed a case of medical malpractice. Medical malpractice standards are typically much higher than general negligence. This is because negligence is based on the standard of what a “reasonable person” would do, and medical professionals would reasonably be expected to provide better medical care than other people could provide.  A situation that involves negligence but does not involve a medical need — such as keeping a hallway free of obstructions — may be considered general negligence when a resident is injured.

In either of these cases, if a resident is injured due to some form of negligence, it still may be reasonable to take legal action. This might entail a courtroom case or it might involve an informal settlement negotiation with the assistance of a local nursing home lawyer Arlington VA can provide.

If you have concerns about nursing home law violations, or are curious to learn more about what you may be able to do to prepare for your own residence in a nursing home, consider reaching out to a qualified and competent Arlington, VA nursing home lawyer to discuss your situation. In the meantime, consider the following two frequently asked questions about nursing home law:

• If I am living in a nursing home, who makes decisions about my medical care? You do. If you lack capacity to make decisions regarding your own care, however, your family will be able to make decisions on your behalf. It is important to remember that a nursing home facility is required to take your wishes into account and, in the event of your incapacity, your family’s wishes, in designing a care plan for your stay. For example, a nursing home cannot use medications, restraints, or feeding tubes to make caring for you easier unless it is a last resort. Having a plan for your end-of-life care is important. Contact a Arlington, VA nursing home lawyer or elder law attorney to find out the best way to designate someone to make decisions on your behalf in the case of your incapacity and to create a living will that will specify how you would like end-of-life decisions to be made on your behalf.
• Who pays for the cost of my stay in a nursing home? Generally speaking, you do. Medicare may partially pay for your nursing home stay, but typically Medicare payments are short term and are only awarded for stays in a skilled nursing home or rehabilitative facility, or for a short-term stay in a nursing home after hospitalization. It is also important to remember that your family is not required to assume the financial burden of your care unless that is something that you want. It is a common practice for nursing homes to request a family member to sign as a responsible party upon your admission to a nursing home. Make sure your family members know what they are signing. They may think that they are agreeing to be your emergency contact, but what they may really be assuming is financial responsibility for your nursing home payments in the event you can no longer pay. If you have questions about your nursing home contract or how you will be able to get reimbursement for your stay from Medicare, contact a Arlington, VA nursing home lawyer who will be able to answer your more detailed questions.

Prepare for your future by learning about nursing home law now. Consider calling an experienced nursing home attorney today to discuss what you may need to know to plan for your care.

Contact a Nursing Home Lawyer Arlington VA Depends On

Whether your relative currently lives in a nursing home or an assisted living space, it’s important to know that there is a certain standard of care required by these facilities. Elderly adults still have the same basic rights to live in a safe community where their caregivers will provide all necessary health requirements. When these requirements are not met, it may be in the best interests of the family to make a personal injury claim under the counsel of a skilled nursing home lawyer Arlington VA depends on.

Federal Nursing Home Regulations

All across America there are frequent reports to abuse and neglect in nursing homes. Because of this, congress came up with legislation which requires nursing homes to follow certain care rule requirements. This legislation is known as the Nursing Home Reform Act which states that “nursing homes must provide activities and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of every resident” and that each resident must have a written plan of care.

According to Arlington, VA nursing home lawyers, federal nursing home regulations require nursing homes to:

• Have sufficient nursing staff
• Conduct initially many assessments of each resident’s functional capacities
• Develop written care plans for each resident
• Help residents with everyday needs like baths, dressing, grooming, transportation, toilet access, eating, and communication
• Provide residents with proper treatment plans and assistive devices that help maintain vision and hearing abilities
• Watch residents and make sure they do not develop pressure sores
• If a resident has pressure sores the nursing home must properly watch over the resident and treat them
• Ensure that the resident receives enough supervision and help to prevent any injury
• Maintain acceptable nutritional status
• Make sure each resident has sufficient fluid intake and stays properly hydrated and healthy
• Ensure that residents are taking all of their medications correctly
• Promote a positive quality of life
• Maintain dignity and respect of each resident
• Ensure that the resident is allowed to choose the activities, schedules, and health care they desire
• Provide pharmaceutical services that meet the needs of all residents living in the home.
• Be structured in a manner that enables all residents to use its resources effectively and efficiently
• Maintain accurate, complete, and easily accessible (to family members and residents) clinical records on each resident

State Nursing Home Regulations

Arlington, VA nursing home lawyers will likely inform you that any nursing home that receives Medicare or Medicaid funds has to (by law) comply with all federal nursing home regulations at a minimum. This however can vary from state to state because some states do have more regulations and stricter laws for nursing homes.

Humane Treatment

All nursing home residents have the right to make decisions like what time they want to go to bed and wake up, what time to eat meals and what activities they want to take part in.

Resident also should not take part in or be victims of:

• Physical or verbal abuse
• Drug abuse
• Personal property loss (including mail and private phone calls)

According to Arlington, VA nursing home lawyers, other humane rights include:

• Patients must be allowed to have visitors (within reasonable hours) and be able to forbid certain visitors of their choice.
• Family members must be able to access at any time
• The Facility is responsible for every patient’s behavior and must ensure the safety of all patients

If you believe you loved one’s rights have been violated in a nursing home, don’t hesitate to contact the experiences attorneys at Cohen & Cohen today to get the compensation you or your loved one deserves. Call us today to speak to experienced and skilled Arlington, VA nursing home lawyers on our team.

At Cohen & Cohen , we understand that these types of abuse cases can be incredibly complex and emotionally draining. While it’s important to note that every case is different and may not result in the same outcome as similar cases, it’s still essential for abuse victims and their families to have an opportunity to claim financial damages. Our legal team ensures that our clients receive some of the best legal counsel in the local area.

For more information about our law firm, or to schedule a free case evaluation with a top nursing home lawyer Arlington VA can provide, contact Cohen & Cohen today.