Many of our most vulnerable citizens, the elderly and infirm, are living in nursing homes across Oregon. Every family who has made the difficult decision to place a loved one in a nursing home has but one wish -- that the nursing home will provide a level of care that allows their loved one to live in comfort and with a sense of dignity.
More than a wish, providing such care is the law. When a nursing home accepts a resident into its facility it is required by Oregon and Federal law to provide the level of care which allows the resident to attain or maintain the highest practical degree of physical, mental and psycho-social well-being. This means the nursing home must be properly staffed to meet the needs of every resident, which may involve assisting with eating, ensuring regular bathing, providing incontinent care, and turning or repositioning bedridden residents. It means that the staff must take adequate precautions to make sure the residents do not fall and become injured. It means that the staff must insure that residents who do not suffer from conditions such as pressure sores, indwelling catheters, and infections – these health problems should not develop while in the home unless their medical status makes such conditions unavoidable. Additionally, the nursing home staff has a legal duty to closely monitor each resident and to notify the family if there are significant changes in the resident's physical or mental status.
These are just a few of the requirements - but the bottom line is that the nursing home must ensure that every resident is cared for and lives with respect and dignity.
Despite heavy regulation by the government, the nursing home industry is responsible for some of the most egregious cases of elder abuse and neglect in our society. Nursing home litigation is complex, but successful prosecution of a civil claim which forces a nursing home to be accountable can not only provide compensation for a loved one, it can also result in substantial improvements in the care of elderly residents in every facility across the state.
If you suspect that a loved one has been a victim of nursing home abuse, you need to be aware of the following:
Mr. Dretke is a member of the Nursing Home Litigation Group of the American Association for Justice, and a founding member of the Nursing Home Litigation Group for the Oregon Trial Lawyers Association. He has attended national seminars throughout the country and has received advanced training in nursing home abuse litigation. He has published articles for attorneys on the unique challenges of litigating nursing home cases, and holding accountable an industry charged with caring for our most vulnerable citizens.
Links Related to Nursing Home Abuse
Administrative Rules - Rights of Nursing Home Patients (Oregon)
Signs of Abuse (Sepsis, bedsores, pressure ulcers & decubitus ulcers)
http://www.oregon.gov/DHS/spwpd/abuse/def_signs.shtml
Oregon Laws & Rules on Abuse & Neglect - http://www.oregon.gov/DHS/spwpd/abuse/laws_rules.shtml
National Committee for the Prevention of Elder Abuse
http://www.preventelderabuse.org/
Nursing Home Comparison (Nationwide comparison of nursing homes)
http://www.medicare.gov/Nhcompare/Home.asp
Long Term Care Ombudsman's Office (Advocates for residents in nursing home facilites)
http://www.sos.state.or.us/bbook/state/executive/Long_Term_Care/long_term_care_home.htm
Seniors & People with Disabilities (Licenses, inspects, and follows up on complaints about nursing facilities, assisted living facilities, residential care facilities, and adult foster homes.
http://www.oregon.gov/DHS/spwpd/
Medicare (information relating to Medicare, health and long-term care)
http://www.medicare.gov/default.asp
Centers for Medicare & Medicaid Services (Administers Medicare program & quality standards in health care facilities)
http://www.cms.hhs.gov/default.asp
Social Security Online (Social Security Website)
http://www.ssa.gov/
State Area Agencies on Aging Directory (Lists state & local area agencies on aging)
http://www.aoa.gov/eldfam/How_To_Find/Agencies/Agencies.asp
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Hallman & Drekte Trial Lawyers
104 Southeast 5th St.
Pendleton, OR 97801
Tel:541.276.3857