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

Conclusion

A nursing home injury is any form of physical, cognitive, psychosocial, or financial harm that a nursing home resident suffers. In many cases a nursing home injury is preventable and is, in whole or part, the result of nursing home malpractice. A nursing home injury which is caused by nursing home malpractice can be the result of intentional act(s) or negligence.

Nursing home professionals have a duty to provide a standard of care and quality of life to each patient under their care. When these duties are not fulfilled and a patient suffers a nursing home injury, the negligent nursing professional or facility can be held liable for resulting damages.

Nursing home injury cases caused by nursing malpractice are a widespread problem in the United States. In 2003, USA Today reported that half of all nursing home patients suffer from untreated pain. While this pain is not always a direct cause of nursing home abuse, nursing professionals do have a responsibility to treat any patient with a nursing home injury. Federal government studies have indicated that at least thirty percent of the nursing homes in our nation have committed some form of negligence or malice that has caused nursing home injury to patients.

In response to this widespread occurrence of nursing home injury cases attributable to malpractice, the federal government passed a comprehensive law in 1987 called the Federal Nursing Home Care Reform Act. This law created a minimum set of standards regarding the care and rights of people living in nursing home facilities. As a result of this law and the prevalence of nursing home injury cases, state agencies now conduct unannounced inspections and evaluations of nursing home facilities every nine to fifteen months.

State inspectors investigate nursing home injury cases as well as any cases of non-compliance with nursing home standards. The results of these inspections are considered public information as well as any nursing home injury cases which are further investigated or prosecuted. There are at least 150 standards through which nursing home facilities are evaluated as outlined by federal law.

If you or a loved one has been the victim of nursing home abuse, please contact one of our experienced attorneys who will evaluate your case and assist you in protecting your rights.

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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 Davenport, Iowa at the Luthens Law Offices, P. C.. Give us a call at (866) 579-3816 or email us at Info@luthenslaw.com.