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Nursing Home Negligence
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HOW TO SELECT A NURSING HOME
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- Location
- Surveys
- Attending family meetings
- Staffing
- Get to know the nurses and staff and make sure they know
your resident's special needs
- It is generally not advisable to have the medical director
as your resident's primary physician
- The staff: Administrator, D.O.N., R.N.s, L.P.N.s, C.N.A.s
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WHAT TO DO IF YOU SUSPECT ABUSE OR NEGLECT
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- Pull back the sheets
- Look at wounds without bandages
- Check for cleanliness
- Get a copy of the Resident's chart
- State law says they must let you see it upon request
- You are entitled to a copy within two days after written
request but you may have to pay for the copy
- Power of Attorney is required
- Guardianship may be necessary if resident is incompeteny
- Call the Resident's doctor for an examination
- Cleaning and cafeteria staff may have information
- Take pictures of the Resident, but not other people
- Talk to the Director of Nursing and Administrator
- Document dates, times, names and problems
- Wrong medication
- Medication theft
- Assault and Battery
- Failure to check background
- Failure to supervise
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HOW DO WE STOP THE ABUSE? |
- Be involved with your Resident
- File Complaints with the OLTC
- Nursing homes are for profit entities run by business people
- Contact your legislators and tell them not to give nursing
home greater protection than any other business in Arkansas
- Civil lawsuits for meritorious claims of negligence and
abuse
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TYPES OF NURSING HOME NEGLIGENCE CASES |
Nursing home administrators are under tremendous pressure from
their bosses to keep the expenses as low as possible. As a result,
nurses and their assistants are overworked, underpaid, and are not
present in adequate numbers.
- Medical Negligence (Errors of a medical nature)
- Generally need an expert to review and provide an opinion
- Statute of limitations is two years in most cases
- B. Breach of Contract (broken promise to resident and
family)
- Oral contract statute of limitations is three years
- Written contract statute of limitations is five years
- C. Ordinary negligence (numerous insect stings, washing
resident with floor cleaner, elopement, etc.)
- Statute of limitations is three years
- Expert opinion not required
- D. Wrongful Death
- Statute of limitations is three years
- Requires probate to be opened
For more information see
Nursing Home
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