A Nursing Home Resident’s Declining Abilities Could Spell Neglect
Posted by BSadmin - 09/02/10 at 09:02 amA decline in the ability to care for oneself or move around during a nursing home stay is not inevitable, and could signal neglect. Under federal law that regulates all nursing homes receiving Medicare and Medicaid, a resident’s ability to walk or transfer herself in and out of a wheelchair should not diminish over time unless it is due to an unavoidable medical condition. The resident’s ability to bathe, dress and groom herself, eat, use the toilet and move around also should not decline unless due to an unavoidable medical condition. The fact that a resident has a medical diagnosis does not justify a decline in her ability to move or care for herself. Under federal law, deterioration is only unavoidable if caused by a progression of disease, the onset of a new disability, or refusal of treatment.
If you or someone you know has been harmed by abuse or neglect in a nursing home or residential care setting, contact Ben Gideon at bgideon@bermansimmons.com.