Harlingen Nursing Home Negligence
Although nursing homes in Harlingen are supposed to provide care for your elderly loved ones, sometimes they fall short of their expectations. Elderly care facilities are often understaffed and underfunded, which can lead to Harlingen nursing home negligence. If you or a loved one has suffered because of negligence in the nursing home, you need to speak with a nursing home negligence lawyer in Harlingen. Our team at Carabin Shaw has decades of experience working cases of elder law, which means we can get you the justice you deserve. Our Harlingen elder neglect lawyers believe that the first step when dealing with nursing home negligence is for victims and their families to understand an elder’s rights.Federal Laws
At the federal level, there are several laws in place to protect the elderly, including The Nursing Home Reform Act, The Older Americans Act, and The Long-Term Care Ombudsman Program.
The Nursing Home Reform Act passed in 1987. It aims to ensure that residents of nursing homes are given a basic level of care. It is like a bill of rights for nursing home residents. A lawyer can tell you more.
In addition to the Nursing Home Reform Act, the Older Americans Act entitles the elderly to services like nutrition programs and proper health.
Lastly, the Long-Term Care Ombudsman Program is a federal law separately enforced by every state. When a nursing home does not meet standards according to the Ombudsman program, it can be penalized by fines. The local Ombudsman even has the authority to replace all management at the offending elderly care facility. If you have experienced Harlingen nursing home negligence, contact your local Ombudsman.Know Your Rights
Federal regulations differentiate four types of elderly care facilities based on the amount of nursing care they offer:
- Adult boarding facilities (least amount of care)
- Residential care facilities
- Intermediate care facilities
- Skilled nursing facilities (most amount of care)
Each type has different standards, and their differentiation depends on their participation in Medicaid and Medicare. An attorney can explain the differences in standards among these types of facilities in more detail.
According to federal law, nursing homes are required to create and enforce procedures and policies that protect the elderly residents from neglect, abuse, and mistreatment. Every resident has the right to know, via verbal or written notice, the services and freedoms to which he or she is entitled during their tenure at the nursing home. These rights must be communicated before or upon arrival and periodically repeated during the resident’s time at the facility. The law requires that these rights be given in the form of communication the resident comprehends, and residents must provide written confirmation that they have been told their rights.
The following is a select list of fundamental rights every nursing home resident in Harlingen possesses:
- The right to freely see whoever they want, including family members, doctors, service providers, the local Ombudsman, other residents, and representatives from both the federal and state level
- The right to keep medical records confidential
- The right to pick their doctor
- The right to be part of their treatment plan
- The right to refuse treatment
- The right to be free of physical and emotional abuse
- The right to freely raise grievances
- The right to privacy
If you or a loved one has been the victim of Harlingen nursing home negligence, you must know your rights. To learn more, talk to Harlingen elder neglect lawyers.How a Lawyer Can Help Your Family
Carabin Shaw is dedicated to fighting for the rights of victims. Every attorney at our firm is ready to stand by your side and get you justice. If you or a loved one has suffered because of Harlingen nursing home negligence, don’t wait. Talk to a lawyer on our team today by dialing 956-664-7255. You can also reach us toll-free at 1-800-862-1260.