When your loved one becomes a resident at a nursing home facility, they are entitled to a standard of care.
Generally, nursing home facilities fall into four levels of “care,” starting from the least and ending with the most specialized care. According to the Nursing Home Abuse Center, the four levels consist of:
- Adult boarding services
- Residential care facilities
- Intermediate care facilities
- Skilled nursing facilities
No matter the type of care your loved one receives, they are still entitled to general standards of medical care. In fact, any nursing home or senior facility is mandated to have written policies in place that describe their facilities and procedures in place to curb neglect and abuse.
Should a complaint be filed, residents or those in charge of their care have a right to know who they can contact and how.
Filing A Medical Malpractice Complaint
In an earlier article, we documented the common signs of medical malpractice and how to recognize abuse or neglect in a nursing home. If you believe that neglect or abuse has occurred, you should contact a medical malpractice attorney as soon as possible. An attorney will be able to help you document claims, file reports, and understand your legal rights.
In general, you want to make sure to document as much as possible. Keep meticulous records of:
- Any visible or demonstrated signs of abuse (bedsores, abrasions, fearful behavior, etc.)
- Date at which neglect might have started
- Any contact with nursing home staff, including time
- Any action or procedures undergone by nursing home staff, including time
- Any documentation about nursing home policy
Again, we can’t stress the importance of having a medical malpractice attorney on your side. An attorney who understands nursing home abuse and neglect can walk you through every step of the legal filing process, and, perhaps more importantly, can advocate for you and your loved one throughout.
What If You Live Out Of State?
If you live in a different state than your loved one’s senior care facility, you should follow the legal procedure of their state. So, if you live in Virginia but your loved one is in care in New York, you should contact a medical malpractice attorney in New York.
Luckily, a bulk of the paperwork, conversations, and documentation can occur via email or over the phone. Still, make sure to find a responsive local medical malpractice attorney so they can be your feet on the ground.
About Girvin & Ferlazzo In Albany
Girvin & Ferlazzo is a full-service law firm that practices in the realm of medical malpractice and personal injury law. We know that instances of nursing home abuse and neglect are incredibly sensitive and painful for all involved, and we don’t take our role lightly. With nearly three decades in practice, our law firm has litigated many medical malpractice and personal injury cases. Check out the testimonials from our satisfied clients to see what Girvin & Ferlazzo can offer you.
For a medical malpractice attorney in Albany who will advocate for you and your loved one, contact Girvin & Ferlazzo today.