- Patient Rights
- Nursing Home FAQs
- Are nursing homes required to have specific numbers of staff?
- Can physical or chemical restraints be used on a patient?
- What are the ‘stages’ of bed sores?
- How do I get a copy of the medical records?
- What is a nursing home ombudsman and how can they help me?
- What is the surviving spouse entitled to from a nursing home wrongful death lawsuit?
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- Reporting Poor Care
- Signs of Abuse
Nothing is more disheartening than seeing a loved one suffer from a debilitating illness or disease. If you have been forced to place your loved one in a nursing home, then you have likely done so as a way to ensure that your loved one receives the appropriate care. Even though you have the best interests of your loved one in mind, the nursing home may not have the best interests of a loved one in mind. A nursing home may engage in neglect or abuse that causes direct harm to your loved one. When this happens, you may have legal recourse with the help of Iowa nursing home abuse lawyers. Abuse in Iowa nursing home is illegal and absolutely unacceptable. Nursing home lawyers are here to stand by your side and assert your loved one’s legal rights in this difficult time.
Iowa Nursing Home Laws
Much attention has been given to the issue of nursing home abuse in Iowa, as indicated by the several statutes that concern it. The several statutes that currently set forth punishments and civil remedies for nursing home abuse are the Adult Abuse Act, Wanton Neglect or Nonsupport of a Dependent Adult Act, Department of Elder Affairs and Elder Abuse Initiative, Emergency Shelter and Support Services Projects. It is clear that the Iowa legislature regards nursing home abuse in a serious manner and will hold abusers accountable for their conduct under these statutes.
Under the Wrongful Neglect statute, a caretaker is deemed to neglect a nursing home resident when he or she knowingly acts in a way that injures the physical, mental or emotional health of a resident. This neglect is considered a serious misdemeanor under the statute. One who fails to provide support for a resident is guilty of a class D felony.
The Adult Abuse Act emphasizes the legal duty that individuals have to report incidents of nursing home abuse. Abuse entails a wide range of circumstances, including the withdrawal of health care or failing to acknowledge the wishes of a resident in light of his or her religious beliefs. A specific department has been designated to handle reports of adult abuse and will then investigate any reports after they are made. Individuals who work in a nursing home are under a legal obligation to report any incidents of abuse that they suspect exist, including a staff member, physician, psychologist, social worker or nursing home administrator.
If an adult has suffered from abuse and is at risk for suffering from additional abuse, then Iowa laws require that a peace officer must use all reasonable means necessary to prevent the adult from experiencing any further abuse. He or she may help to obtain alternative medical treatment for the dependent adult and will make the adult aware of his or her rights. He or she may also assist in the process of finding an alternative residence and support services for the adult.
Find Resolution for Your Loved One
If you believe that your loved one has suffered from abuse, then call an Iowa nursing home abuse lawyer today. Abuse in Iowa nursing home is intolerable, and it is important to end the abuse as soon as possible. Filing a lawsuit can help you and your loved one to find a sense of resolution after this type of tragic situation. You may feel a sense of uneasiness after discovering that your loved one has been abused in a nursing home. Instead of dwelling upon this feeling, taking legal action can be empowering to you and your loved one in this difficult time.
Speak with Iowa Nursing Home Lawyers Today
Iowa nursing home lawyers are available to meet with you in an initial consultation or speak with you over the phone. Take action so that you can proceed in securing the compensation that your loved one deserves as a result of the neglect or abuse that he or she has suffered. You should not be responsible for covering the cost of injuries that result from traumatic abuse or neglect. Our attorneys are here to help families and residents throughout the State of Iowa in such areas as:
- Cedar Rapids
- Council Bluffs
- Des Moines
- Iowa City
- Sioux City
- West Des Moines
Call today to learn more about your legal claim and whether filing a lawsuit is in your loved one’s best interest.
Nursing Home Negligence
STATUTE OF LIMITATIONS
- Medical malpractice – 2 years with Discovery Rule, but no more than 6 years from occurrence. SOL applies to minors 8 years and older. A minor under age eight has until tenth birthday to file suit. The mentally ill have 1 year from end of disability.
- None. (Iowa Code §633.336 – Damages for wrongful death)
- Adult Abuse – (Iowa Code §235B)
- Wanton Neglect or Nonsupport of a Dependent Adult – (Iowa Code Title XVI Criminal Law and Procedures, §726.8)
- Department of Elder Affairs – (Iowa Code Chapter 231)
- Elder Abuse Initiative, Emergency Shelter, and Support Services Projects – (Iowa Code Title VI Human Services, §231.56A)