Nursing Home Abuse in Knik-Fairview, AK
What Is Nursing Home Abuse?
Reading about nursing home abuse in the news can be shocking and disheartening. In 2021, the Anchorage Daily News reported on the horrific abuse of a local 75-year-old woman. The discovery of the neglect and assaults prompted a headline-making lawsuit against the facility.
Nursing home abuse can come in many forms in Knik-Fairview. Neglect, negligence, or coercive tactics against residents can qualify. If you need help determining if you have a case, talk to a local attorney right away.
Federal Laws Protecting Against Nursing Home Abuse
Nursing Home Reform Act (1987)
The Nursing Home Reform Act of 1987 set strict standards for nursing homes in Knik-Fairview, Alaska. This law exists due to a study by the Institute of Medicine, which found widespread abuse and neglect in nursing homes. As a result, nursing homes in Knik-Fairview must adhere to the following provisions under this law:
- Evaluate and record each resident’s health condition and specific requirements.
- Develop a personalized care plan.
- Encourage residents to lead an active lifestyle.
- Keep detailed health records for every resident.
- Ensure sufficient staffing levels to provide proper care.
- Provide hygiene and nourishment.
- Provide adequate oversight and utilize safety measures to prevent falls and other accidents.
Nursing Home Residents’ Bill of Rights
The Nursing Home Reform Act established a set of rights for nursing home residents in Knik-Fairview, AK. This legislation ensures that residents receive quality care and includes:
- Protection of their privacy and confidentiality regarding health-related matters
- The right to make independent decisions (if mentally capable)
- The freedom to express their opinions or raise concerns without fear of retaliation or intimidation
- Adequate health care and attention from nursing home staff.
Elder Justice Act
To combat elder abuse and neglect, the Elder Justice Act became active in 2010. It requires nursing home personnel to report any suspected elder abuse and neglect. The act also established other relevant provisions, which include:
- The Employee Background Check Database permits nursing homes to exercise more discretion when recruiting staff. Its objective is to prevent abuse by conducting background screenings on prospective employees.
- The 60-Day Closure Window keeps nursing homes from shutting down without first informing the Secretary of Health and Human Services. In addition, the personnel must ensure that all residents get relocated to suitable nursing homes.
- The Elder Justice Coordinating Council meets twice annually to develop new strategies for preventing elder abuse and neglect. The council also creates reports containing suggestions to Congress for improving protections for older adults.
State Laws Protecting Against Elder Abuse and Neglect
The laws surrounding elder abuse and neglect vary by state. Although federal laws provide guidance, each state can enact more laws. States with a larger population of nursing home residents tend to have more comprehensive legislation.
Alaska Adult Protective Services focuses on investigating claims of mistreatment of elderly individuals. They have the authority to look into cases from Knik-Fairview that involve the following:
- Undue Influence
- Neglect
- Self-Neglect
- Exploitation
- Abandonment
- Abuse
Can You File a Lawsuit in Knik-Fairview, Alaska For Nursing Home Abuse?
You can pursue maximum compensation if you or a loved one has experienced abuse or neglect in a nursing home. Legal action can be taken in both civil and criminal court, depending on the nature of the abuse. You may settle and receive financial compensation without going to court. But a lawsuit may be necessary if there are disagreements about reimbursement or who is at fault.
The Office of Long-Term Care Ombudsman outlines the entitlements nursing homes must uphold. Any breach of these rights can open a facility in Knik-Fairview to criminal charges or civil liabilities:
- Residents have the right to dignity and respect.
- Residents have the right to review their medical records.
- Residents have the right to transparency of their available options and their associated costs.
- Residents have the right to private and confidential communication.
- Residents have the right to file complaints about the services they receive.
How Can You Receive Compensation Through a Nursing Home Abuse Lawsuit?
Victims of nursing home abuse or neglect in Knik-Fairview can take legal action to seek compensation by filing a civil lawsuit. There are various avenues, including:
- Verdict – In this case, a trial jury hears case evidence and determines whether the defendant is at fault. If they find the nursing home liable, the jury decides how much compensation goes to you or your family.
- Settlement – The settlement phase is when both parties agree on compensation without a jury. All parties sign a legally binding document that often prevents further legal action. If the plaintiff signs this document, it ends a trial if one has started.
- Restitution – Victims will likely receive compensation through restitution payments after criminal cases. This punitive measure makes the guilty party make up for the harm they caused.
Nursing home abuse or neglect victims in Knik-Fairview may receive compensation to cover expenses. These costs include medical bills, physical therapy, mental health treatment, and pain and suffering.
Civil and Criminal Nursing Home Abuse Lawsuits
Most cases of nursing home abuse go through a civil court. But there are instances where both civil and criminal cases may happen.
For example, consider a situation where a nursing home employee physically abuses a resident. If they cause broken bones from a fall, that person can be held responsible both criminally and in a civil lawsuit.
The judiciary that handles your case from Knik-Fairview may vary. But many will go through the Nesbett or Boney courthouses in Anchorage.
What Types of Nursing Home Abuse Lawsuits Exist?
Most nursing home abuse lawsuits in Knik-Fairview, AK are either tort or breach of contract cases. Tort lawsuits are more prevalent as they allow victims to seek compensation for harm. Meanwhile, breach of contract lawsuits usually results in smaller compensation awards.
Tort Nursing Home Abuse Lawsuits
Tort lawsuits are a way for victims to seek compensation for the pain and suffering they experienced. There are several types of tort lawsuits, each corresponding to specific abuse:
- Abuse – This refers to intentional harm inflicted on the victim, which could result in serious bodily injury.
- Medical Malpractice – The nursing home healthcare professionals deviate from standard procedures and cause harm to the patient.
- Neglect – This occurs when the nursing home fails to provide adequate care to a patient. This lack of care may be due to laziness, carelessness, or indifference on the part of the staff.
- Wrongful Death – If a patient dies due to the nursing home’s negligence, medical malpractice, or intentional abuse, the surviving family can file a lawsuit against the nursing home.
Work With an Experienced Local Lawyer in Knik-Fairview, Alaska
If you’re considering a lawsuit, consult with a skilled lawyer in Knik-Fairview who specializes in the rights of senior citizens. Nursing home abuse attorneys can help gather information, locate witnesses, and go to trial if necessary. 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.
