NURSING HOME ACCIDENTS | BACK TO PRACTICE AREAS
FREQUENTLY ASKED QUESTIONS

I. General Information about Nursing Home Injuries
II. What is a Nursing Home
III. What is Nursing Home Abuse/Neglect
         A. Types of Abuse/Neglect
         B. Signs of Abuse/Neglect
IV. Rights of Nursing Home Residents
V. What is Being Done to Protect the Elderly
VI. Filing a Complaint
VII. Legal Procedures
VIII. Conclusion

What is being Done to Protect the Elderly

The Vulnerable Elder Rights Protection Program was created by Congress in the 1992 Amendments to the Older Americans Act (OAA) to protect and enhance the basic rights and benefits of vulnerable older people. The Administration on Aging (AoA), which administers the program at the Federal level, encourages its nationwide network of 57 State and Territorial Units on Aging (SUA's), their 655 Area Agencies on Aging, and 221 Tribal Organizations to focus their efforts on issues affecting those elderly Americans who are the most socially and economically vulnerable. The program brings together and strengthens four advocacy services--the Long-Term Care Ombudsman Program; Programs for the Prevention of Abuse, Neglect and Exploitation; State Elder Rights and Legal Assistance Development Programs; and Insurance / Benefits Outreach, Counseling and Assistance Programs--and calls for their coordination and linkage in each state. The program also calls on the SUA's to take a holistic approach to elder rights advocacy by coordinating collaboration among other legal services programs and encouraging advocates in each state to address those issues of highest priority for the most vulnerable elderly.

Although there is not a full proof way to choose a nursing home, there are steps you can take to better ensure the safety of your family members. By asking questions and looking for signs at the facility you can better prevent unnecessary instances of nursing home neglect and abuse from occurring. Here are a few questions you can ask the facility (information from Medicare):

• Is the home and the current administrator licensed?
• Does the home conduct background checks on all staff?
• Does the home have special services units?
• Is there nursing home neglect and abuse prevention training?

As with any important decision, by doing your homework you can help put your mind at ease with your final decision. Some other useful tips include:

The nursing home and its administrator should be licensed by the State to operate. Do the nursing home’s procedures to screen potential employees for a history of abuse meet your State’s requirements?

Some nursing homes have special service units like rehabilitation, Alzheimer's, and hospice. Learn if there are separate waiting periods or facility guidelines for when residents would be moved on or off the special unit.

Do the nursing home’s training programs educate employees about how to recognize resident abuse and neglect, how to deal with aggressive or difficult residents, and how to deal with the stress of caring for so many needs? Are there clear procedures to identify events or trends that might lead to abuse and neglect, and on how to investigate, report, and resolve your complaints? Are there policies or procedures to safeguard resident possessions?

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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

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If you would like to schedule a free initial consultation contact an attorney representing clients in Ames, Iowa at the Luthens Law Offices, P. C.. Give us a call at (866) 579-3816 or email us at Info@luthenslaw.com.