Tag: Nursing homes

The Legal Rights of Nursing Home Residents

The Legal Rights of Nursing Home Residents

The Centers for Disease Control and Prevention (CDC) estimates that there are around 1.4 million people living in nursing homes across the country. These nursing home residents may be in different nursing home facilities, but they all share the same rights. Here are some of the many legal rights of nursing home residents:

Healthcare Rights

Every nursing home resident has the right to see a healthcare provider. Residents should be allowed to choose their own healthcare provider, and they should never be kept in the dark about their medical condition. If a resident does not want to take a medication or undergo a certain procedure, he has the right to refuse to do so.

Money Management

Nursing home facilities must allow their residents to manage their own money. If a resident does not feel comfortable managing his own money, he has the right to ask a trusted loved one to manage his finances for him. In addition, the nursing home must allow all residents to access their bank accounts or financial records at any time.

Right to Privacy

Even though nursing home residents live in close quarters, every resident has the right to privacy. Nursing home residents should be able to make private phone calls, visit with loved ones in private, and keep their personal belongings in a private and secure space.

Representative Notification

Nursing home facilities must get in touch with a resident’s legal representative or family members in certain situations. For example, if the resident injures himself or becomes seriously ill, the facility should notify his representative or family as soon as possible. These parties should also be contacted if a resident’s mental or physical state starts to decline suddenly or if the resident is being transferred to another facility.

Free From Abuse and Neglect

Nursing home residents have the right to be treated with dignity and respect. No nursing home resident should ever be subjected to any form of abuse or neglect. If a resident is abused or neglect, he also has the right to complain to the facility’s staff without fearing retaliation. Unfortunately, the right to live freely without being abused or neglected is often violated.

Has your loved one been abused or neglected in a nursing home? If so, contact Reisch Law Firm at once. Our personal injury attorneys will hold the nursing home accountable for this clear violation of your loved one’s rights. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Are Nursing Homes Liable For Medication Errors?

Are Nursing Homes Liable For Medication Errors?

Many elderly adults have health conditions that need to be treated with prescription medications. This is especially true of nursing home residents, who often rely on employees at the nursing home to provide them with their medications. But, what happens when someone makes a mistake and a nursing home resident is injured as a result? Here’s what you need to know about medication errors in nursing homes:

Types of Medication Errors

There are many different types of medication errors that can occur inside a nursing home, including:

  • Giving the victim too much or too little of the medication
  • Giving the victim the wrong medication
  • Prescribing the wrong medication
  • Administering the medication incorrectly

These errors may not seem serious, but they can significantly harm the victim. In severe cases, victims can suffer from allergic reactions and organ failure. Some medication errors may even be fatal.

Proving Liability

A nursing home is not automatically held responsible for medication errors that occur within the facility. The victim must be able to prove that the nursing home was negligent in order to recover compensation in a personal injury claim.

For example, let’s say the error was related to the administration of the medication. The nursing home may be liable if it is determined they failed to properly train their employees on administering medication. A nursing home can also be held liable if an employee simply handed a resident the wrong medication or the wrong amount of a medication because she was distracted or in a hurry. Sadly, this is far too common in nursing homes due to understaffing issues.

However, third party healthcare providers and pharmacists can also be held liable for these errors. For instance, a doctor who accidentally prescribes the wrong medication would be held liable for his mistake. Pharmacists can be held liable if they do not fill the prescription properly. Both doctors and pharmacists may be liable if they fail to realize that a newly prescribed medication may produce dangerous side effects if taken with another medication that the victim is already on. In these situations, the nursing home would not necessarily be liable unless the doctor or pharmacist was employed by the facility.

If you or a loved one has been harmed by a medication error in a nursing home, contact Reisch Law Firm today. Our personal injury attorneys will get to the bottom of why the medication error occurred to determine who can be held responsible. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.