Nursing home negligence in Maine is increasingly becoming a phenomenon in nursing homes for the sole reason of finances. Nursing homes typically operate with inadequate staffing levels and lack necessary services for residents due to the cost factor. Administrators would rather pack in as many residents as possible into a nursing home and forego any extra costs of hiring additional staff members or paying for more services to treat residents.
Nursing home administrators are usually not aware that certain privileges can be taken away upon the recognition that abuse or neglect is occurring in the nursing home. They may no longer be able to accept Medicare or Medicaid patients into the facility. They may not be eligible to receive disbursements to cover the cost of patient care from Medicare or Medicaid.
If you suspect that the cutbacks of a nursing home are affecting the well-being of your loved one, then you may have legal recourse with the help of a Maine nursing home lawyer. A Maine nursing home lawyer can make sure that a loved one is taken out of an abusive situation as soon as possible. He or she can also begin the process of collecting information from administrators to further investigate any incidents of abuse, fraud, neglect or exploitation.
Maine Nursing Home Injury Laws
Nursing home negligence in Maine is a serious issue that the law has been developed to handle. The Adult Protective Services Act has been modeled after other similar acts in other states that intend to provide harsh penalties for those who engage in abuse or knowingly fail to report abuse of nursing home residents. Nursing home workers may be criminally liable if they failed to report the abuse of your loved one, despite the fact that they knew it occurred on a regular basis. When you hire a nursing home lawyer for your case, he or she will be able to research the possibility that nursing home workers knew that your loved one was being abused.
Under the Act, there is a long list of individuals who have a responsibility to report the abuse of your loved one. This list includes professionals like doctors, social workers, psychologists, speech therapists, physical therapists, medical examiners, dentists, chiropractors, podiatrists and even more individuals.
When a case of abuse has been brought to the attention of the judiciary in Maine, it is possible for the court to enter an emergency order onto the record. The court may put forth an emergency record that requires the abused adult to be placed into a different nursing home. The court may take any reasonable action that will ensure the abused adult is protected from any further harm.
Understand the Signs of Nursing Home Neglect and Abuse
It is vital that family members consider the signs of nursing home neglect and abuse that can impact a loved one. There are signs that a loved one is being victimized in an abusive situation, and family members must do whatever they can to remedy this situation. Some signs that a loved one may be suffering from neglect or abuse are the following:
- Spoiled clothing that remains unchanged
- Unchanged bed sheets and covers
- Unsanitary room conditions
- Unsanitary food
- Malnutrition and dehydration
- External bleeding
- Cuts and abrasions on the face
- Broken bones
- Poor hygiene
- Bed sores
- Emotional disturbance
If a family member notices any of these signs of abuse or neglect, then he or she should be immediately alerted that there is a strong likelihood of actual abuse and neglect. It will be vital that family members make a report of their suspicion to law enforcement. Law enforcement authorities can then investigate the case.
Assert Your Loved One’s Legal Rights with Maine Nursing Home Lawyers
Nursing home lawyers in Maine are available to represent the rights of your loved one and receive a settlement. A settlement may cover the pain and suffering, medical expenses and other losses that a loved one has suffered as a result of abuse and neglect. Our attorneys are here to help families and residents throughout the State of Alabama in such areas as:
Speak with our lawyers today about moving forward in your life and helping your loved one move forward in his or her life. It is about time that justice be served in your situation.
Nursing Home Negligence
STATUTE OF LIMITATIONS
- 3 years for adults, 6 years for minors. (MRS Title 14 §752 – Three years for adults, six years for minors)
- Medical Malpractice – 3 years. Minors must file claim within 6 years after cause of action or 3 years after minor reaches age of majority, whichever comes first. (MRS Title 24 §2902)
STATUTE OF LIMITATIONS
2 years. In wrongful death matters stemming from nursing home negligence, the statute of limitations is 3 years.
(MRS Title 18 §2-804 – Actions for wrongful death – http://www.mainelegislature.org/legis/statutes/18-A/title18-Asec2-804.html)
- $500,000 cap on non-economic damages (loss of comfort, society and companionship, emotional distress) and $75,000 cap on punitive damages. (MRS Title 18 §2-804 – Actions for wrongful death)
- Adult Protective Services Act – (Me. Rev. Stat. Title 22 Health & Welfare, Subtitle 2, Pt. 2, Chpt. 958-A §§3470-3493)