If you have a nursing home case of abuse and neglect, your attorney will need a medical expert. The medical expert’s role is to determine whether quality care was delivered to your family member.
The expert must have training in geriatric medicine, and be thoroughly knowledgeable regarding medical issues.
The expert must also be familiar with the strict regulatory environment in these facilities. The government has Medicare and Medicaid requirements for long term care facilities. These regulations are found at 42 CFR 483 et seq.
Some of the regulations state: “A facility must care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident’s quality of life.” Other regulations provide: “Each resident must receive and the facility must provide the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being, in accordance with the comprehensive assessment and plan of care.”
All persons, regardless of race, education, or social status are entitled to dignity and compassion when the need for medical attention arises. All nursing homes are required to deliver quality care with empathy, understanding, and support. Because of a history of abuse and neglect, nursing homes have developed a tarnished reputation. If you suspect your loved one is a victim of abuse and neglect you should immediately contact an attorney who will have an expert review the medical record.
The medical expert will be aware of the regulations and how they apply to your loved one. If there are violations of the standard of care or the regulations, the medical expert can work with your attorney to recover for the harms and losses suffered.
For more information on this subject, please refer to the section on Nursing Home and Elder Abuse.