Nationwide, nursing home abuse is a serious problem that must be addressed more by the public and in the media. ABC News has reported that elderly citizens are abused in one in three nursing homes every year. The abuse that elderly citizens suffer can include untreated bedsores, malnutrition, inadequate sanitation, dehydration, preventable accidents and poor hygiene. It is important for family members to recognize when a loved one may be in an abusive situation in a nursing home facility.
It is unlikely that nursing home workers will actually make formal reports of abuse when they see it or suspect that it is impacting a loved one. It is up to family members to file a report of abuse and get in touch with nursing home lawyers who can help. With over 45 percent of Vermont nursing homes dispensing unnecessary drugs every year, there is a good chance that your loved one may have been a victim of abuse. Over 19 percent of Vermont nursing homes also have issues with infection control, which indicates that your loved one may have a great risk of developing an infection from unsanitary conditions.
The statistics make it clear that nursing homes are not going to change their ways any time soon. It is up to you to speak with nursing home lawyers who can have an impact on your case and create positive change in the nursing home industry.
Nursing Home Injury Laws In Vermont
In Vermont, there are strict nursing home injury laws in place to provide protections for residents in nursing homes. The Reports of Abuse Act and the Reporting Suspected Abuse, Neglect and Exploitation of Vulnerable Adults Act ensure that there are procedures available for reporting abuse, investigating abuse and ultimately holding administrators accountable for this behavior.
The Reporting Abuse Act requires that any individual who knows of or has information of abuse must file a report with law enforcement within 48 hours of becoming aware of such information. The statute also goes to great pains to discuss at length the individuals who have a legal duty to file reports of abuse. The list of individuals includes employees in caregiving, teachers, case workers, mental health professionals, dentists, psychologists, nursing assistants, medical examiners and other professionals.
Know the Rights of Loved Ones in Nursing Homes
It is important for family members to understand the rights that are also in place under federal law for residents. The rights of nursing home residents have clearly been stated in the Nursing Home Reform Act of 1987. In this Act, nursing home residents have rights to receive adequate care and participate in the creation of a care plan. The Residents’ Bill of Rights includes the following list of legal rights:
- The right to receive accommodations for medical, physical, psychological and social services
- The right to communicate with others
- The right to make choices about one’s medical care
- The right to be free from abuse, mistreatment and neglect
- The right to be free from physical and chemical restraints
- The right to review one’s care plan
- The right to be treated with dignity
- The right to voice disagreements without discrimination
If you want to learn more about the rights of nursing home residents, then you should get in touch with nursing home lawyers as soon as possible. Nursing home lawyers know also about the types of conduct that are considered to be Vermont nursing home abuse incidents, and they can also inform you with this knowledge. No resident should be the victim of Vermont nursing home abuse, and it is important for a resident to receive compensation if he or she is a victim. Nursing home residents have a right to receive adequate care under the law.
Speak to Vermont Nursing Home Lawyers Today for Help
Call or email nursing home lawyers to receive assistance with your case. You can learn more about the rights that your loved ones have to receive compensation. Our attorneys are available to help Vermont families in areas such as:
- South Burlington
Call a lawyer to learn more about the process of filing a lawsuit or settling a claim outside of court. Nursing home lawyers will help to protect your loved one at all stages of the investigation process and at trial.
Nursing Home Negligence
STATUTE OF LIMITATIONS
- 3 years with Discovery Rule. (Vt. Stat. Ann. Title 12 §512)
- Medical malpractice – 3 years from malpractice or within 2 years of the date the injury was or should have been discovered. If foreign object is not found within the period of limitation, the foreign object action may be brought within 2 years from the date of the discovery of the foreign object. (Vt. Stat. Ann. Title 12 §521)
STATUTE OF LIMITATIONS
- 2 years with Discovery Rule (Vt. Stat. Ann. Title 14 §1492)
- Vermont Department of Health
- Department of Disabilities, Aging, and Independent Living
- Division of Disability and Aging Services