San Antonio Nursing Home Medical Malpractice Lawyer
Medical malpractice and negligence in nursing homes happen more frequently than most people consider. In 1999, an investigation by the U.S. Genera Accounting Office revealed that 25% of the nation’s 17,000 nursing homes “had serious deficiencies that caused actual harm to residents or placed them at risk of death or serious injury.” Statistics such as these can be alarming when we realize our loved ones are in the hands of these nursing home facilities.
Long term care for the elderly can be costly. Most residents spend all of their assets in a few months and then become eligible for federal Medicaid benefits. This is referred to as “spending down.” Medicaid pays for the costs of over 90% of nursing home residents. Most nursing home facilities receive Medicaid funds. Facilities that accept Medicaid funds must follow the minimum standards of government regulations. The Health Care Financing Administration (HCFA) administers guidelines for the evaluation, care and treatment of residents, also aiming at maximizing the quality of life and minimizing abuse or neglect of each resident.
For-profit corporations own many of the long-term care institutions. They have been known to cut back on employees or hire unqualified workers for lower salaries to decrease costs. It is essential to become familiar with the state statutes and the nursing home resident’s rights under the Federal Nursing Home Reform Act.
Your Rights include:
- The right to receive information about nursing homes.
- The right to survey/inspection reports of Medicaid and Medicare facilities.
- The right to view the history of complaints and violations filed against the nursing home, available through the state licensing agency in the state the nursing home is located.
- The right to an adequate number of staff and nursing assistants to give residents the personal attention and quality care they require.
- Nursing home residents have the legal right to be free from physical or mental abuse. A resident can not be isolated from others against their will, restrained or administered drugs as a restraint, unless restraints are specifically required to treat their medical conditions. Restraints must never be used to punish a resident or facilitate the caring for the resident by the nursing home employees.
- Nursing home residents have the right to choose their own personal physician and to be informed of their medical care and treatment.
- Nursing home residents have the legal right to refuse treatment, if they desire.
If a nursing home has violated your loved one’s rights, contact me today. Initial consultations are free and confidential. If you need an attorney in the San Antonio area call us at 210-227-1888.