Quality of Care for Nursing Home Residents

The Nursing Home Reform Act was enacted in 1987 (also known as the Omnibus Budget Reconciliation Act (OBRA 1987) to set forth requirements for quality of care in nursing homes. For those homes that receive Medicare and Medicaid funding, they are required to provide activities and services to attain or maintain the highest standards in physical, mental and psychosocial well being of each individual nursing home resident in coordination with a written plan of care. States are allowed to create even stricter standards of care if they desire to do so.

Nursing homes must comply with federal requirements for long term care facilities if they wish to receive Medicare and Medicaid funding as laid out in the U.S Code of Federal Regulations (CFR)

Under the regulations, the homes are required to adhere to many different care standards a few of these are as follows with the specific section referenced from the CFR:

• A comprehensive care plan is to be developed for each resident (42 CFR 483.20)
• Prevent the deterioration of a resident's ability to dress, bathe, groom, ambulate and transfer, toilet, eat and to communicate.(42 CFR 483.25)
• Provide for the resident, if he or she is unable to do so themselves, the necessary services to maintain good nutrition, grooming and personal oral hygiene. (42 CFR 483.25)
• Ensure that the residents do not develop pressure sores and if they do have them, ensure the necessary treatment and services are provided to promote healing, prevent infection and prevent further sores from developing. (42 CFR 483.25).

Many other areas of care are included in the code such as proper hydration, nutrition, supervision and care to prevent resident accidents and falls, proper administration and monitoring of medication, having a sufficient amount of nursing home staff to care for the number of residents and so forth.

What to Do If You Suspect Nursing Home Neglect or Abuse

If you have a loved one or friend in a nursing home and suspect that one or more of the above points are not being handled correctly, you need to contact a personal injury attorney who is experienced in handling nursing home neglect or abuse cases. In doing so, you will not only be helping your friend or loved one, but helping to prevent similar neglect or abuse from happening to other residents. The home must be held accountable for their neglect or abuse.

At the Law Office of David R.Silva, this is one of our areas of expertise. We are aggressive, responsive and dedicated to helping families correct injustices in this area. The elderly often cannot fend for themselves and need help from friends and family when under the care of a nursing home facility if neglect or abuse is occurring. We service the Sonoma County area and have an experienced team of personal injury attorneys who can help you gain any compensation that may be due you.

Contact a Nursing Home Neglect Lawyer at our office to set up a free consultation and we will review the details of your specific situation. Don't wait for more abuse or neglect to happen in the best interests of all concerned.