In This Issue
 NURSING HOME NEGLECT AND ABUSE
What You Need To Know To Protect Your Loved Ones
The Nursing Home Reform Act (NHRA), passed in 1987, provides federal statutory protection for residents of certified nursing facilities. Prior to the act, there was no minimum standard of care. The Act is comprehensive and provides numerous rights. Among the more pertinent are:
- The right to freedom from abuse, mistreatment, and neglect;
- The right to freedom from physical restraints;
- The right to privacy;
- The right to accommodation of medical, physical, psychological, and social needs;
- The right to participate in the review of one's care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility; and
- The right to voice grievances without discrimination or reprisal.
For a full list of residential rights, click here or you can find them in 42 C.F.R. § 483.10.
Unfortunately, victims are often not capable of expressing pain or reporting the neglect or abuse on their own. If you think there may be nursing home abuse or neglect occurring in a loved one's life, then you may be right. Any one or more of the following signs could evidence nursing home abuse or neglect and warrants investigation:
- failure to turn residents in their beds (leading to pressure sores also known as "pressure sores", "pressure ulcers", and "decubitus ulcers")
- skin rash
- urine and/or feces odor
- lack of attention to resident's personal hygiene
- Malnutrition and Dehydration/Improper Feeding
- falls resulting from lack of adequate precautions or assistance
- skin tears
- Unexplained Injuries: bruises, contusions, lesions or bone fractures
- significant weight loss
- disorientation
- depression or isolation
- unexplained mood changes
- fear or anxiety
- unexplained refusal or inability to communicate
- presence of unjustified chemical or physical restraints
- failure to provide proper nutrition and hydration
- failure to assist in personal hygiene when needed
- over-medication or under-medication
- failure to take reasonable precautions to prevent falls
- failure to answer call lights in a timely fashion
- failure to take residents to the toilet (leaving them in soiled garments or beds)
- slapping or other physical abuse of the resident
- use of unwarranted chemical or physical restraints
- emotional or verbal abuse of the resident
- retaliation for making a complaint or filing a grievance
- failure to take adequate precautions to prevent injury to the resident
- failure to provide for appropriate medical care
- Physical/Sexual Abuse by Staff/Assault by Other Residents
- theft of the resident's money or other personal property
- Wandering/Elopement Injuries
- Economic Exploitation of Elderly/Billing and Financial Medicare/Medicaid Fraud
After meeting with you, our qualified legal team will begin the process of gathering the documentation we need to determine if there is indeed a case of neglect or abuse. This often involves the obtaining and review of nursing home and medical records along with other pertinent information. Nursing home abuse and/or neglect can involve not only the physical well-being of the resident, but also the mental, and/or psychological well-being of the resident as well.
If you have any suspicion that a loved one may have been the victim of nursing home abuse or neglect, please feel free to contact our office at (203)573-1411. You should also consider reporting the matter to the director of nursing and the facility administrator. In addition, or alternatively, you may report the matter to the facility ombudsman, or notify the state and federal hotlines. We would be glad to assist you in locating the appropriate government authorities to file a complaint.
ANNOUNCEMENTS:
- Attorney Timothy C. Moynahan joined the International Council for Middle East Studies (ICMES) as a Board of Director. [For more details, please visit: http://www.icmes.net/].
- On September 14, 2011, Attorney Martin Minnella won a jury verdict, in which a former city police officer was cleared of illegally using a police computer to tip off the target of a drug investigation. [For a full story please follow the following links: http://www.rep-am.com/articles/2011/09/15/news/local/584737.txt and http://www.rep-am.com/articles/2011/09/13/news/local/584321.txt#comments]
- In May 2011, Attorney Joseph Tramuta became the managing attorney at our firm.
- In June 2011, Attorney Glorie Romaniello joined our law firm. Please see her profile for more details.
- On July 14, 2011, Attorney Regina Duchin Kraus presented an Employment Law speech before the ProfNet members at Waterbury Chamber of Commerce, Waterbury, Connecticut.
- On August 23, 2011, Attorney Joseph Tramuta spoke to a group of women about motor vehicle law and insurance, and provided practical advice about what to do at the scene of an accident: “Stay there and say as little as possible until the police come, and don’t say ‘I’m sorry,’ even though you might want to, because that could be seen as admitting fault.” (Please follow the link for a full story at: http://www.ctpost.com/default/article/Women-get-free-workshops-from-Milford-auto-2162161.php)
- On September 27, 2011 at 6pm, Attorney Glorie Romaniello is going to continue the series of Personal Injury Presentation at Greg’s Autobody, located at 500 New Haven Ave, Milford, Connecticut (http://www.gregsautobodymilford.com/).
- On October 7th, Attorney Joseph Tramuta will be presenting a workshop on "Protecting Your Business: Conducting a Legal Audit of Your Business – Innovative Solutions for Today's Competitive Marketplace" at the Milford Chamber of Commerce's morning monthly roundtable discussion.
This highly informative workshop will focus on the importance of reviewing your current business practices to identify any particular areas that may open up your company to legal issues. Most small and medium-size companies worry more about increasing their bottom line vs. protecting their assets. If you cannot attend and would be interested in having this presentation at your company or professional association, please contact Joseph Tramuta to schedule a date for your event. jtramuta@moynahanlawfirm.com
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