When faced with the possibility that your loved one has been mistreated in a care facility, a nursing home lawyer should be one of the first calls you make, more than just a personal injury case, a claim against a nursing home also involves elder care rights for the resident. Nursing home lawyers advocate for the rights of vulnerable and elderly residents who aren’t in a nursing home by choice.
Because many of these residents suffer from cognitive decline, they must have someone advocating for them. This is usually a relative or friend of the family who visits and checks on their well-being.
Do Nursing Home Residents Have Rights?
They do. Eldercare rights for individuals in nursing homes include:
- The right to be treated with respect and dignity, free of abuse, neglect, and discrimination.
- The right to written notification of all fees and services before entering the facility.
- The right to handle their own money and finances or appoint someone to handle their finances on their behalf.
- The right to personal privacy, including confidentiality in their medical history and condition as well as their personal space.
- The right to keep and use your personal belongings, as long as it doesn’t infringe on the health, safety, or rights of others.
- Choice over their daily schedule (such as eating, waking up, and going to bed), as well as other activities and other things that are important to you.
- The right to a home-like environment that maximizes your comfort and offers support for your independence.
- Free from restraints and other methods of “discipline,” including side rails and chemical (drug) restraints.
- The right to file a complaint if needed.
These are just some of the elder care rights that your loved one is entitled to upon moving into a nursing home. West Virginia Code R. § 64-13-4 includes the full roster of rights and responsibilities for nursing homes in The Mountain State. Each home is required to provide each resident a copy of the full list of their rights when they enter a facility.
How a Nursing Home Lawyer Can Help
If you believe your loved ones have been subjected to mistreatment or their rights have been violated, a nursing home lawyer can right the wrongs committed by the nursing home. While a lawsuit and financial settlement can’t undo the damage, they can offer compensation to a family dealing with the expenses of helping a loved one in a bad situation. This can include medical expenses, relocation to another facility, funeral, and burial expenses, plus the other costs associated with helping your loved one in their time of need.
In addition to civil actions such as a claim or lawsuit, criminal charges may also result from a nursing home investigation into a resident’s care. Elder care rights include investigation of abuse allegations, which can uncover abuses to a resident in the facility. However, financial compensation, including pain and suffering, will only come from the civil lawsuit against the nursing home.
Defending The Vulnerable In West Virginia
If ever you discover that your loved one is not being cared for or being mistreated in a nursing home, please call us immediately and speak with our nursing home lawyer to help get justice for your loved one.
Because a nursing home lawsuit can be complicated, it is important to have a lawyer who understands the complexities of this type of case. Contact The Love Law Firm today at (304) 344-5683 or contact us online for a free consultation. We’ve helped thousands of West Virginians fight for their loved ones in nursing homes and are ready to help you.
