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In 1987, the Nursing Home Reform Act (NHRA) was passed to help end abuse that was taking place in nursing homes across the United States. The act was created to ensure the safety and welfare of nursing home residents.
Unfortunately, nursing home abuse continues to be a problem. According to the World Health Organization (WHO), two out of three nursing home staff members admitted to abusing residents just last year. This is why it’s essential to pay attention to the care a loved one receives in a nursing facility.
Your family member has rights, and if they are not being upheld or you think he or she is being abused, you may have the right to sue the nursing home on behalf of your loved one. In most cases, when a resident is being abused in a long-term care facility, there are signs. Some residents are reluctant to tell family members they are afraid or they’re being treated poorly. There are things you can look for to determine whether your family member is being abused.
Many long-term care residents are frail and unable to fight back, which makes them an easy target for sexual abuse. Some conditions make residents more prone to this type of abuse. Residents with dementia and Alzheimers are less likely to tell family members about sexual abuse partly because they don’t recall the incident. The perpetrator can be an aid, nurse, staff member, and even a visitor to another resident.
Residents who are known to have a substantial amount of money are more likely to be targets of financial abuse.
Signs of this type of abuse are recent revisions to wills and other legal documents, withdrawals from bank accounts, stealing of belongings or cash, delaying bill payments, and cashing checks without consent.
The Nursing Home Reform Act was passed in 1987. Under this act, nursing homes that participate in Medicare and Medicaid are required to meet specific rights outlined in (42 CFR Part 483, Subpart B). Below are the Nursing Home Residents’ Bill of Rights under the (NHRA).
If you have a loved one in a nursing home, and you believe his or her rights are being violated you may have the right to legal action against the nursing home on your loved one’s behalf.