Stratford Nursing Home Abuse Lawyer
Nursing home facilities are required to adhere to laws and regulations that are intended to provide you or a loved one with the high-quality care that you deserve. When this requirement is not reached, you should exercise your right to hold the at-fault parties accountable for their negligence.
If you were abused, injured, or feel that your rights were restricted while living in your nursing home care facility, you are not alone. A committed personal injury attorney might be able to help. A Stratford nursing home abuse lawyer could talk with you about your situation and help you determine what relief you or your loved one may be able to receive moving forward.
State and Federal Nursing Home Laws and Regulations
The state and federal governments have implemented statutes and policies that help set quality standards for nursing home facilities and grant rights to nursing home residents. These quality standards and rights help maintain the quality of nursing home facilities, as well as protect nursing home residents from intentional and neglectful abuse.
Connecticut Nursing Home Regulations
Under Connecticut Regulations 19-13-D8t(e)(2), nursing home facilities in Connecticut must have, among other things, a governing body that is responsible for providing staff that complies with state and federal statutes and assures the protection of resident patient rights. The Administrator of the facility, licensed by the Department of Public Health, has a host of responsibilities under Connecticut Regulations 19-13-D8t(f) which include enforcing state and federal laws, protecting resident rights, and assist with the hiring of qualified personnel. For more information, consult with a knowledgeable lawyer.
Federal Nursing Home Laws
The Nursing Home Reform Act, 42 U.S.C. §1395i-3 delineates many of the federal rights granted to nursing home residents across the country. These rights supersede any state regulations that impede or restrict these rights under the legal doctrine of “preemption.” Some of these federal rights that nursing home residents in Stratford enjoy include:
- The right to be free from abuse, mental or physical
- The right to be free from physical or chemical restraints
- The right to be treated with dignity
- The right to voice grievance with respect to their treatment or care without discrimination or reprisal
Seeking Relief for Nursing Home Abuse in Stratford
A nursing home resident may be able to file a personal injury claim under a cause of action for negligence. However, the plaintiff would have to prove that the facility or staff breached their duty of reasonable care, and, as a result, they sustained injuries and damages.
If the nursing home facility or their staff violates or fails to adhere to one of the state or federal regulations, nursing home patients may be able to file a cause of action based on the theory of negligence per se. Under negligence per se, the plaintiff does not need to prove duty, only that the defendant violated the statute which was intended to protect them from the harm that resulted.
Obtainable Damages in an Elderly Home Case
Plaintiffs injured or infringed upon by their nursing home may seek economic, non-economic, or punitive damages as compensation for their loss. Punitive damages are rarely awarded, while economic damages compensate plaintiffs for medical bills and other monetary losses. Non-economic damages compensate a plaintiff for emotional distress, pain and suffering, and other less quantifiable losses. A Stratford nursing home abuse lawyer may be able to accurately estimate the damages you are owed and work towards helping you achieve full compensation.
Contact a Stratford Nursing Home Abuse Attorney Today
Taking care of nursing home residents is a great responsibility. Our governments have created standards of care that every facility must meet. When facilities fail to meet these standards, they should be held accountable. If you feel that your rights have not been met, or that you have been abused or mistreated in some manner, a Stratford nursing home abuse lawyer might be able to help guide you toward legal recovery. Call now and schedule a consultation.