Nursing Home Abuse in Badger, AK
What Is Nursing Home Abuse?
It can be tough to imagine someone would abuse a nursing home resident. Unfortunately, 1 in 9 women over 60 in a long-term facility suffer through it each year.
There are many kinds of nursing home abuse, but most cases involve neglect or negligence. In the most heinous situations, the lack of quality care can result in severe trauma or death.
Consequently, a lawyer near Badger should have criminal and civil experience. You will see why this requirement is critical in the sections that follow.
Federal Laws Protecting Against Nursing Home Abuse
Nursing Home Reform Act (1987)
The government established strict protocols for facilities in Badger, Alaska through the Nursing Home Reform Act of 1987. They passed this legislation after the Institute of Medicine published a shocking study about rampant elderly abuse and neglect. Under this law, Badger facilities must:
- Create a strategic plan for residents
- Provide for nutrition and hygiene needs
- Assess health statuses and document them
- Retain enough staff for adequate supervision and care
- Assist with giving residents what they need to enjoy a healthy lifestyle
- Implement any changes necessary to prevent falls and other injuries
Nursing Home Residents’ Bill of Rights
The Nursing Home Reform Act also created a Bill of Rights for nursing home residents. These legal requirements describe the benefits entitled to you or a loved one in a quality Badger, AK nursing home. It includes items such as:
- Confidentiality and discretion regarding health concerns
- Right to make decisions
- Ability to complain without harassment or retaliation
- Sufficient treatment and quality of care by the staff
Elder Justice Act
The Elder Justice Act started in 2010, and it exists to prevent neglect and elder abuse. This legislation obligates nursing home staff to report these incidents. Furthermore, it added the following provisions:
- The Elder Justice Coordinating Council must meet twice a year to identify new strategies for preventing elder abuse. Also, this group must submit reports to Congress with their recommendations.
- There is an Employee Background Check Database to screen nurses and doctors before hiring them. This service aids in preventing anyone with a history of abuse from continuing to harm others.
- Nursing homes have a 60-day close window to give adequate time for residents to move. They also must notify the state government and the Secretary of Health and Human Services.
State Laws Protecting Against Elder Abuse and Neglect
Each state establishes laws to punish elder abuse that often mirror the federal laws above. Generally, the states with a higher percentage of nursing home residents pass more protective laws than others.
The Division of Senior and Disabilities Services can accept and investigate elder abuse complaints. Any reports they receive can remain confidential. Moreover, they can look into the following types of allegations:
- Undue Influence
Can You File a Lawsuit in Badger, Alaska For Nursing Home Abuse?
Yes, and you have every right to seek as much compensation as possible. Depending on the circumstances, a nursing home abuse attorney may file a civil action and report the crime to a prosecuting attorney.
Many facilities would prefer to settle instead of taking a lawsuit to trial. Regardless, you may have to take them to court to receive fair compensation and hold those responsible accountable.
The State of Alaska describes the immovable rights that nursing home facilities should not violate. A nursing home near Badger that does not allow one or more of the following can be liable for its actions:
- Right to remain informed about services and charges
- Right to complain
- Right to participate in care
- Right to confidentiality and privacy
- Right to a transfer or discharge
- Right to visits from friends and family
- Right to make independent decisions
- Right to freedom, respect, and dignity
How Can You Receive Compensation Through a Nursing Home Abuse Lawsuit?
Nursing home abuse or neglect victims and their families in Badger have several ways to receive compensation:
- Restitution Payment – A part of the sentencing for criminal cases can include this financial penalty. Generally, this money goes toward making up for the harm caused by the defendant.
- Trial Verdict – If your case goes in front of a judge and jury, they will decide whether the nursing facility is liable for damages. They will determine this number based on your situation and state guidelines.
- Settlement – A defendant in a civil case may choose to settle at any point before a court delivers its judgment. As a result, your attorney will likely negotiate with them until the last possible moment.
The compensation awarded can help pay for medical bills, therapy, relocation, and overall pain and suffering.
Civil and Criminal Nursing Home Abuse Lawsuits
Civil courts are often the only judiciary involved in nursing home abuse cases. However, some circumstances call for criminal charges as well.
For instance, consider a situation where a staff member pushes a victim who breaks a bone. That individual can and should result in criminal liability. After they go through a trial, they can also face a civil case for the same incident.
Broadly, the courts for a civil or criminal case from Badger are in Fairbanks. But your attorney could advise going through the federal judiciary. In this circumstance, the U.S. District Court for the District of Alaska will get involved.
What Types of Nursing Home Abuse Lawsuits Exist?
There are two primary categories of nursing home lawsuits in Badger, AK: breach of contract and tort actions. The latter is most common because victims and their families have a clear-cut case for direct harm. On the other hand, a breach of contract case can limit the compensation you receive.
Nursing Home Abuse Lawsuits
Tort actions exist to allow victims to seek financial damages for their pain and suffering. The types of lawsuits typically correspond with the crime involved, like the following:
- Medical malpractice litigation depends on demonstrating the staff did not meet the standard of care and caused an injury.
- Neglect cases must prove the nursing home did not provide adequate care for a resident. The staff may have been careless, lazy, or indifferent.
- Wrongful death claims must connect a patient’s death to medical malpractice or abuse.
- Abuse lawsuits strive to show the harm involved was intentional. This type of tort tends to happen after a severe bodily injury.
Work With an Experienced Local Lawyer in Badger, Alaska.
Starting a nursing home abuse lawsuit in Badger requires careful planning. Accordingly, they need the expert advice of a lawyer who understands the rights of senior citizens. Your legal counsel will aid you in the collection of evidence, corroborate witnesses, and represent you in court.
Are you ready to talk to an experienced Badger nursing home abuse attorney? Call (866) 345-6784 immediately or send a request online to one of our friendly representatives. We also have the resources to connect you across Alaska state lines.