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Nursing Home Abuse FAQ

Nursing Home Abuse FAQ

For more information on the legal rights which may be available to Connecticut nursing home abuse victims and their families or to schedule a confidential, no-obligation consultation with an attorney at Jonathan Perkins Injury Lawyers, complete the Free Case Review form on this page.

Neglect in a nursing home facility can be defined as the failure to provide a resident with the services necessary to their health and safety. This can include food, shelter, clothing, supervision and proper medical care. Typically, the determining factor between neglect and abuse is if these failures were intentional or careless mistakes.
If you believe that your loved one may be a victim of abuse, do not ignore the situation. Confront it right away. It is recommended that you contact an attorney who is well-versed in Connecticut law to guide you on the best course of legal action. The sooner you begin exploring your legal options, the sooner you will be able to put an end to the abuse for your loved one and possibly other residents at the facility.
If your loved one has been a victim of neglect or abuse in a Connecticut nursing home facility, they are entitled to hire a private attorney who will file a civil lawsuit in order to recover damages for the violation of any of the resident’s rights. Additionally, abuse or neglect often results in an investigation and fining of the facility by an adult protective services agency, a civil cause for legal recourse on behalf of the abuse victim and a criminal prosecution to seek punitive damages in order to punish intentional and malicious conduct.
Regardless of whether a resident has a contract with the facility, victims of abuse or their dependents in the event of a wrongful death claim, can sue the home for improper care and negligence.
It depends on the case who long it will take to settle. There is not a set time limit on how long a Connecticut nursing home injury claim can take. A claim can take anywhere from several weeks to several months for abuse victims to receive fair compensation and justice for their case. Negligence cases are typically complex and require extensive medical records and bills as well as the burden of proving that negligence occurred and was to blame for the injury.
The objective of a nursing home representative or risk manager is to save the home money by settling injury claims quickly and out of the courtroom. If you do speak to a risk manager, it is important to consult with an experienced elder abuse attorney shortly thereafter to ensure that the needs of your loved one are being met. You have the right to speak to a lawyer as well as to have a lawyer present when you are meeting with representatives of the facility.
In most states, nursing homes are regulated by a combination of state and federal authorities. In Connecticut, the state’s Department of Public Health and the U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services regulates all aspects of facilities, including resident care, staffing, policies, procedures and medical equipment.
Residents have the right to be free of all types of abuse; verbal, sexual, physical and mental. They also have the right to be free of any physical or chemical restraint used for either disciplinary purposes or for convenience. Restraints can only be used if necessary for medical conditions and to ensure the safety of the resident and others. They have the right to general quality care and the right to be evaluated and informed of their medical condition. Residents also have the right to complain without fear of retaliation. Additionally, residents have the right to refuse treatment and the right to choose their own doctor.

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