Idaho Nursing Home Abuse Lawyers

Idaho elderly woman

When a loved one is placed in a nursing home, family members want to know that he or she is receiving care and protection. The sad truth is that Idaho nursing homes have a history of deficiencies that cause injury, pain and suffering in residents. The statistics of nursing home deficiencies in Idaho only confirm this unfortunate reality.

In Idaho, over 34 percent of nursing homes had deficiencies that resulted in actual harm and jeopardy to residents in 2008. Over 63 percent of nursing homes had accident-prone environments, and over 45 percent of nursing homes had deficiencies in the quality of care provided to residents. In over 30 percent of nursing home facilities, residents were discovered to have developed pressure sores. These statistics show that even though federal nursing home reform laws exist, that nursing homes seem to take a blind approach in actually abiding by it.

One of the other disturbing statistics in Idaho is that in over 26 percent of nursing home facilities, residents are given unnecessary drugs to control their behavior or for other reasons. Some nursing homes administer chemical restraints as a form of punishment, and this is an act that is clearly prohibited by law. If you believe that a nursing home is administering chemical restraints as a form of punishment or to control a patient’s range of motion, then you should get in touch with a nursing home abuse lawyer as soon as possible. A nursing home abuse lawyer can thoroughly investigate the practices of a nursing home for your loved one’s safety.

Idaho Nursing Home Neglect Laws and Regulations

There are several statutes that protect the rights of nursing home residents in Idaho. The “Adult Abuse, Neglect and Exploitation Act” and “Adult Protective Services” acts clearly outline the rights of residents in Idaho. When a loved one has been the victim of physical, emotional, sexual or financial abuse, it is necessary that the abuse be reported to the appropriate authority. Workers who report abuse to the appropriate authorities may be granted immunity under the statute. Directors who receive these reports of abuse are then obligated to make a thorough evaluation of the reports. The district attorney must also be notified of any reports of abuse that are made.

The failure to report a suspicion of abuse is a misdemeanor crime in Idaho. This means that workers may have to serve up to six months in jail, pay a fine of up to $1,000 or both.

It is important for family members to be aware of when abuse may be impacting a loved one. There are certain signs that can alert family members that a loved one may be the victim of abuse, and they are:

  • Open wounds on the body
  • Cuts and scratches
  • Bruising throughout the body
  • Swelling
  • Fatigue
  • Anxiety and depression
  • Sleeplessness
  • Fractured and broken bones
  • Dehydration and malnutrition
  • Infection
  • Wandering
  • Head injuries
  • Bed sores
  • Weight loss
  • Isolation from others

When family members recognize any of these signs of abuse, they should report them to the appropriate authority and also get in touch with nursing home abuse lawyers.

Investigate Potential Neglect and Abuse Today

Nursing home abuse lawyers are available to investigate potential neglect and abuse today. The investigation process may involve visiting a nursing home, documenting any injuries on a loved one and making note of current patterns of behavior in nursing homes. In addition, nursing home lawyers may wish to interview workers in the nursing home to help build your case.

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Get Help from Idaho Nursing Home Abuse Lawyers Today

Idaho nursing home abuse lawyers will assist you in all aspects of handling a report of abuse for your loved one. They will take the time to research and investigate your case. Call now to schedule an initial consultation with a nursing home abuse lawyer in Idaho. Our attorneys are here to help families and residents throughout the State of Idaho in such areas as:

  • Boise City
  • Caldwell
  • Coeur d’Alene
  • Idaho Falls
  • Lewiston
  • Meridian
  • Nampa
  • Pocatello
  • Twin Falls

Idaho nursing home neglect is a serious incident, and attorneys are available to help you.

Nursing Home Negligence

STATUTE OF LIMITATIONS

  • 2 years from date of occurrence. (Idaho Stat. Title 5 (Proceedings in Civil Actions in Courts of Record), Chapter 2 (Limitation of Actions), §5-219 – Actions against officers, for penalties, on bonds, and for professional malpractice or for personal injuries)
  • Medical malpractice – 2 years.  In cases involving a foreign object, the cause of action accrues when the injured party knows or should have known of the injury, and the cause of action may be brought within two years of act complained of or one year following the date of accrual, whichever is later. (Idaho Stat. Title 5 (Proceedings in Civil Actions in Courts of Record), Chapter 2 (Limitation of Actions), §5-219 – Actions against officers, for penalties, on bonds, and for professional malpractice or for personal injuries)

DAMAGES CAP

  • $250,000 cap on non-economic damages per claimant in personal injury and wrongful death actions. The cap will be adjusted annually beginning July 1, 2004 based on the average annual wage. The limit does not apply to causes of action arising out of willful or reckless misconduct, or felonious actions or punitive damages. (§6-1603)
  • Punitive damages – Capped at $250,000 or an amount equal to three times compensatory damages contained in the judgment.(§6-1604 – Limitation on punitive damages)

Wrongful Death

STATUTE OF LIMITATIONS</h3strong

  • 2 years. (Idaho Stat. Title 5 (Proceedings in Civil Actions in Courts of Record), Chapter 2 (Limitation of Actions), §5-219 – Actions against officers, for penalties, on bonds, and for professional malpractice or for personal injuries)

DAMAGES CAP

  • $250,000 cap on non-economic damages per claimant in personal injury and wrongful death actions. The cap will be adjusted annually beginning July 1, 2004 based on the average annual wage. The limit does not apply to causes of action arising out of willful or reckless misconduct, or felonious actions or punitive damages. (§6-1603)
  • Punitive damages – Capped at $250,000 or an amount equal to three times compensatory damages contained in the judgment. (§6-1604 – Limitation on punitive damages)

Nursing Home Care State Law

  • Rules of the Board of Examiners of Nursing Home Administrators  (§24.09.01)

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