Sadly, many elderly persons are abused or neglected in nursing homes.  Injuries sustained range from hip fractures due to falls to necrosis of skin tissue due to neglected bedsores.

Families of elderly persons injured due to nursing home negligence may file personal injury suits under state law.   Liability of nursing homes can be established under state law, but nursing homes are also held to the following standards under federal regulations:

  • The nursing home must have adequate nursing staff.
  • The home must conduct an initial comprehensive assessment of each resident’s functional capacity.
  • The home must develop a comprehensive care plan for each resident.
  • The home must prevent deterioration in the resident’s abilities to carry out daily functions such as bathing and grooming.
  • The home must provide services needed to assure that residents receive proper services to preserve vision and hearing abilities.
  • The home must take steps to prevent bedsores and to properly treat such sores if they develop.
  • If a resident is incontinent, the home must provide treatment to try to restore normal bladder function.
  • The home must provide the supervision needed to avoid falls.
  • The resident must be provided with adequate nutrition and hydration.
  • The home must have safeguards to prevent mediation errors.
  • The resident must be presented with health care choices.
  • Residents must be provided with needed medication.
  • The home must maintain complete and easily accessible clinical records for each resident.