Understanding Your Legal Rights in Continuing Care

Continuing care facilities are a crucial resource for people wanting to provide their loved ones with the attention they deserve. Such establishments offer families a sense of safety and trust linked to a senior’s well-being.

Unfortunately, there can be instances of negligence and elderly abuse in some facilities. So, it’s important to be prepared for such occurrences by knowing more about the legal rights of residents in continuing care.

Resident’s Legal Rights in Continuing Care

The first thing to understand is the legal rights available to the residents at continuous care establishments. The facility being inhabited is supposed to provide care to all of the residents. The type of care includes nursing, food, safe accommodation, medical treatment, memory care, and more (depending on certain factors). Numerous legal protections safeguard residents from any physical or emotional abuse. But in many instances, people aren’t familiar with the legal routes they can take to address such concerns.

A reliable personal injury attorney can assist with understanding the legal rights afforded to continuing care residents.

If a personal injury occurs, the legal options available to you are:

Filing a Complaint

It is within a resident’s or their family’s legal rights to file a complaint if inadequate care is being provided or if there’s an instance of suspected negligence. Depending on the State you are in, the complaint can be filed with the establishment’s management or the State Health Department. Doing so will officially begin an investigation into the matter.

Take note that some facilities tend to address disputes via mediation or arbitration.

Legal Counsel

It is the resident’s right to seek legal counsel. They are free to talk to a personal injury lawyer who deals with negligence and other malpractices occurring in nursing homes. Such attorneys are ready to help residents find the most efficient path to legal compensation.

Importance of Legal Support

Having a lawyer in your corner can do a lot to ease the process of seeking justice during abuse and negligence claims.

A personal injury lawyer can help with the following.

Initial Investigation

You need to build a case if you want to win it. A personal injury lawyer can lend a hand in gathering evidence and determining the strength of the lawsuit. Such lawyers know how to adhere to facility policies when asking for medical records, creating timelines, collecting witness testimonies, and more. Personal injury lawyers are crucial for seniors who can’t do all of the work themselves.

Protecting Your Rights

The personal injury lawyer ensures your rights are protected during legal proceedings. They will advocate on your behalf so you can receive fair compensation for the suffering you have gone through, as well as compensation for other possible damages while holding the facility accountable.

Personal Injury Protection Across States

PIP laws tend to vary across States. Some States requiring PIP as part of the no-fault car insurance include Florida, Kansas, Michigan, New York, and Pennsylvania.

Some of the States where PIP is optional include Arkansas, Texas, Washington, and the District of Columbia. 

Take note that Tennessee doesn’t have personal injury protection insurance coverage. And that can make medical expense insurance tough when seeking compensation.

As an example, statistics share that approximately 21% of the population of Hendersonville, TN are seniors. Furthermore, more than a quarter of those seniors are living alone. That makes the availability of reliable continuing care facilities crucial in the area; something Finding Continuing Care can help with.

A reliable personal injury attorney can help you understand the legal complexities of senior continuing care and how to legally protect yourself during personal injury proceedings. 

According to such attorneys, the most common type of senior negligence deals with inadequate supervision and medication errors. Personal injury can show itself through unattended bedsores, accidental falls, malnutrition, and emotional or physical nursing abuse.

If negligence is suspected, the residents or their families can begin with proper documentation. Detailed records of the injury, medical data, and communications with the facility’s staff concerning the personal injury should be kept. Sometimes prompt communication with the facility’s managers can lead to resolution.

Conclusion

Cases of personal injury or negligence in nursing or similar facilities are accompanied by a whole of legalities. This is because the person’s well-being is linked to the healthcare system, insurance, and more. That’s why residents or their family members should familiarise themselves with the available legal options. A trustworthy personal injury lawyer specializing in continuing care can assist with that. Attorneys will advocate for the residents to ensure they get the fair compensation they deserve.

Remember, residents have the right to proper care when living in continuing care facilities and they also have the right to opt for legal support if negligence or personal injury is suspected.