Nursing Home Laws and Regulation Violations
The Nursing Home Reform Act requires that certain services and levels of care must be provided in nursing homes to protect our elderly and ill.
These federal nursing home regulations require that each facility care for their residents in such a manner and in an environment which will promote maintenance or enhancement of their quality of life. They also outline certain rights for residents which must be protected, including the right to a dignified existence, self-determination and to maintain the freedoms all Americans are entitled.
When a nursing home fails to provide the proper standard of care to residents and an injury is caused, they can be held liable for their negligent actions.
The nursing home law firm of Saiontz & Kirk, P.A. investigate and review potential claims for injury claims nationwide.
Nursing home lawsuits are pursued to obtain compensation for injuries suffered and operate as an important safeguard in our society to protect the rights of nursing home residents and to make sure that proper standards are followed.
REGULATIONS FOR NURSING HOME QUALITY OF CARE
Federal regulations require that each resident of a nursing home receive the necessary care and services to attain or maintain the highest possible physical and mental well-being. For residents who are unable to independently carry out activities of daily living, they are entitled to receive the services needed to maintain good nutrition, grooming and personal hygiene.
Some of the services that nursing homes are required to provide include:
- Nursing and related services
- Medically-related social services
- Accurate receiving, dispensing and administering of drugs and medicines
- Dietary services to assure that meals meet daily nutritional needs
- Proper monitoring and supervision
- Appropriate actions to prevent bedsores
- Routine dental services
- Treatment and services for mentally ill and retarded residents
NURSING HOME PLAN OF CARE AND ASSESSMENT
Every resident must have a written plan of care which describes the medical, nursing and psychosocial needs of the resident. It also must outline how the needs will be met. The plan of care is supposed to be prepared with participation of the resident’s family, a physician and registered nurse. It should include an assessment of the resident’s functional capacity and a description of their ability to perform daily life functions.
The assessment must be done upon admission to the facility and updated after any significant change in the resident’s physical or mental condition, but in no case less than once every 12 months. A proper assessment is necessary to make certain that the resident is provided with proper care and supervision.
DIETARY REGULATIONS TO PREVENT NURSING HOME DEHYDRATION AND MALNUTRITION
Federal nursing home regulations require that the facility provide each resident with a nourishing, palatable, well-balanced diet that meets the daily nutritional and special dietary needs of each resident. They must employ qualified dietitians and sufficient support staff competent to carry out services to meet the nutritional needs of each resident.
It is required that each resident receive at least three meals daily, at regular times comparable to normal mealtimes in the community. The facility also must provide assistive devices and special eating equipment for residents who need them. Failure to follow dietary regulations in nursing home can result in serious injuries as a result of dehydration and malnutrition.
>>INFORMATION: Nursing Home Dehydration and Malnutrition
NURSING HOME REGULATIONS REGARDING STAFFING
To comply with federal nursing home regulations, a facility must have sufficient staff to provide the services necessary to attain and maintain the highest possible level of health for the residents.
The general requirements provide that a nursing home must have 24 hour licensed nursing services and a registered professional nurse for at least 8 consecutive hours every day. Under some circumstances there can be waivers of these requirements as long as it does not endanger the health or safety of the residents. However, a failure of the nursing home to maintain adequate levels of staffing can cause serious injuries as a result of abuse and neglect.
>>INFORMATION: Nursing Home Neglect Lawsuits
NURSING HOME LAWSUIT EVALUATION
If a friend or loved one has suffered an injury as a result of nursing home neglect or abuse, request a free consultation and legal claim evaluation to determine if they may have a claim. Our nursing home lawyers have experience handling complex injury claims and can review the circumstances surrounding the treatment to determine if your loved one and family may be entitled to compensation.
There are no fees or expenses unless a recovery is obtained. However, every claim has a deadline, so it is important that you review any potential claim with a qualified nursing home neglect lawyer as soon as possible.