Nursing home residents have certain rights and protections under both state and federal law. The nursing home must list and give all new residents a copy of these rights.
These resident rights include, but aren't limited to:
At PSRB we review a wide range of injuries that can be suffered from nursing home neglect. Some injuries can be life threatening, painful and debilitating. Certain conditions may require immediate legal intervention to prevent further harm. PSRB is always here to advise you as to your rights and the person rights of the person receiving care. Please do not hesitate to contact us for a free consultation at 800-785-5399.
It’s critical that you immediately question any changes to your loved one that you notice. Report changes and concerns to the staff and management of the facility. All facilities are required to have a process for responding to concerns. Each city or town also has a long term care ombudsman that can provide assistance in the case of nursing home neglect. In Massachusetts, this link will provide you with some contact resources:
You may also file a complaint with the Department of Public Health.
Sudden mental or cognitive differences in the person will be an indication of abuse. Changes in alertness and depression are often common as are increases in combativeness and emotional outbursts.
Obvious physical changes such as bruises or bed sores, abrasions, cuts, burns or broken bones are examples of possible abuse. More subtle signs such as poor hygiene, unusual weight loss, bed wetting and medical needs that aren’t being met are also potential warning signs.
Financial abuse can also occur and is the fastest growing kind of abuse of the elderly. Sudden changes in financial situations may be a sign.
While each state defines neglect differently, nursing home neglect and institutional elder abuse refer to physical and or emotional mistreatment of a person who resides in a nursing home, assisted living facility, group home or anywhere where there is a contractual obligation for that institution to provide care.
Neglect can take many forms including physical abuse, mental or emotional abuse, sexual abuse, financial abuse and abandonment. More than one kind of abuse is often common at the same time or at different times during a person’s stay in an institution.
All residential institutions are expected to provide care that ensures the safety and heath of their residents including proper medical treatment, adequate shelter, food and nourishment, hygiene and supervision. If the institution fails to provide these services, it can be considered neglect. If the failure is intentional, it can constitute abuse.