Nursing Home Abuse in Juneau, AK
What Is Nursing Home Abuse?
Nursing home abuse comes in many forms, and each version of it can be arduous to prove. For example, neglect or malpractice have different requirements for legal action. Meanwhile, the stress of knowing a loved one may have suffered in long-term care is unbelievably stressful.
Juneau residents who believe they are in this situation can benefit from legal advice. The timing alone for pressing criminal charges and pursuing a civil action takes some significant planning. Accordingly, you can use this guide to help you know your rights and how to protect them with a local attorney.
Federal Laws Protecting Against Nursing Home Abuse
Nursing Home Reform Act (1987)
The Nursing Home Reform Act of 1987 created a stringent set of protocols for Juneau, Alaska nursing home facilities. Congress passed this law after a study from the Institute of Medicine found rampant elderly abuse and neglect in nursing homes. Under this law, Juneau facilities must:
- Document and assess the health status and individual needs of the residents.
- Create a written strategic plan for each resident.
- Assist residents in maintaining an active lifestyle.
- Keep accurate health records for each resident.
- Maintain the correct number of staff required to care for patients and avoid neglect.
- Provide proper hygiene and nutrition.
- Maintain adequate supervision and implement devices to prevent falls and other injuries.
Nursing Home Residents’ Bill of Rights
Part of the Nursing Home Reform Act implemented a Bill of Rights for nursing home residents. This legislation creates an outline of the benefits entitled to you or a loved one in a quality Juneau, AK nursing home. A few of the items it includes are:
- Privacy and discretion with health-related issues
- Ability to make their own decisions (if mentally sound)
- Ability to voice concerns or complaints without fear of retribution or harassment
- Sufficient health care and treatment from nursing home staff
Elder Justice Act
The Elder Justice Act became effective in 2010 to fight against elder abuse and neglect. This act mandates that the nursing home staff report elder abuse and neglect. The Elder Justice Act created the following applicable provisions:
- Employee Background Check Database – Gives nursing homes the right to be more selective in their hiring process. The goal is to prevent abuse by screening potential employees for past incidents.
- 60-Day Closure Window – Nursing homes cannot close without first notifying their home state and the Secretary of Health and Human Services. The staff must also relocate all residents to proper nursing homes.
- Elder Justice Coordinating Council – This coalition meets twice annually to discuss new methods of deterring elder abuse and neglect. The Council also drafts reports with recommendations to Congress on improving safeguards for the elderly.
State Laws Protecting Against Elder Abuse and Neglect
Each state has different laws on this matter. While states rely on the federal legislation above, it is entirely within a state’s rights to pass additional legislation. States with a higher percentage of nursing home residents typically have more laws than others.
Adult Protective Services has a division dedicated to investigating allegations of elder abuse in Juneau. They can also investigate incidents of abandonment, neglect, and exploitation. You can submit a report to them online or call (800)-478-9996 to get them involved.
Can You File a Lawsuit in Juneau, Alaska For Nursing Home Abuse?
Yes, you can and should seek maximum compensation. Victims of nursing home abuse or neglect (or their power of attorney) can start a lawsuit and criminal proceedings. You may settle and receive financial compensation before filing a lawsuit. However, litigation may be necessary if there is an argument about fair compensation or who bears responsibility.
The Office of Long Term Care Ombudsman describes the rights a nursing facility in Juneau must respect. The violation of any of the following examples they provide can justify legal action:
- Considerate, dignified, and respectful treatment
- Ability to complain about services
- Options to review medical records
- Availability of private and confidential communication
- Transparency of the options available and their corresponding charges
How Can You Receive Compensation Through a Nursing Home Abuse Lawsuit?
Nursing home abuse victims in Juneau can pursue compensation through a civil lawsuit. Multiple ways exist for victims to receive damages, including:
- Verdict – In this case, a trial jury hears case evidence and determines whether the defendant (nursing home/nursing home staff) is at fault. If they find the nursing home liable, the jury decides how much compensation to tender to you or your family as the plaintiff.
- Settlement – This arrangement happens when both parties agree on compensation without a jury trial. All parties sign a legally binding document that often prevents further legal action.
- Restitution – For criminal cases, victims will likely receive compensation through restitution. This arrangement makes the guilty party pay for the harm they caused..
The compensation awarded via a lawsuit can help pay for medical bills, relocation, and overall pain and suffering.
Civil and Criminal Nursing Home Abuse Lawsuits
A civil court handles most nursing home abuse cases. However, there are times when victims can file criminal charges as well. For example, if a staff member pushes a victim who breaks a bone, that worker can be criminally liable. Later, they may face a suit in civil court for the same incident.
The local trial court in Juneau will likely accept your civil complaint and adjudicate. Federal cases will go through the U.S. District Court for the District of Alaska.
What Types of Nursing Home Abuse Lawsuits Exist?
Most Juneau, AK nursing home abuse lawsuits fall under two major categories: tort and breach of contract. Out of these two, tort lawsuits are the most common because victims seek compensation for direct harm. A breach of contract lawsuit often carries more limited compensation amounts.
Tort Nursing Home Abuse Lawsuits
Tort lawsuits are when the victim seeks compensation for pain and suffering caused at the hands of the nursing home. There are multiple types of tort lawsuits that correspond with the different types of crimes:
- Abuse – Victims are intentionally harmed; could lead to severe bodily injury.
- Medical malpractice – The nursing home health care professionals acted outside the standard procedures of their position, and their mistreatment led to injury.
- Neglect – When the nursing home fails its duty to adequately care for a patient. Neglect specifically deals with nursing home staff being lazy, careless, or indifferent to patient care.
- Wrongful death – If a patient dies from a nursing home’s negligence, medical malpractice, or purposeful abuse, the surviving family can sue the nursing home.
Work with an Experienced Local Lawyer in Juneau, Alaska.
If you plan to file a lawsuit against your nursing home in Alaska for abuse or neglect, seek the assistance of a qualified Juneau attorney specializing in the rights of senior citizens. Nursing home abuse attorneys can help you collect the necessary information required, locate corroborating witnesses, draft the lawsuit, and move to trial if required.
Are you looking for an experienced Juneau nursing home abuse attorney to help your family? We can even help you connect with an attorney across Alaska state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
