Nursing homes have a duty to care for their residents. This duty is not just a moral obligation but it is also a legal requirement. Federal and state regulations require nursing homes to do things such as:
- Provide residents with the medications prescribed by their physicians
- Maintain the dignity of each resident
- Develop and follow a care plan for each resident
These requirements include providing pain medication as necessary to care for a resident who is suffering.
Some residents may experience pain because there are no medications that can adequately treat or control their suffering or because they have made an informed medical decision not to take pain medication. In these situations, nursing home residents who suffer from pain are not victims of abuse of neglect. However, a nursing home resident may be a victim of abuse or neglect if either of the following is true:
- Nursing home staff intentionally withheld pain medication or treatment. For example, it may be nursing home abuse to withhold pain medication as a consequence or punishment.
- Nursing home staff failed to provide the right dose of the right medication to the resident at the right time. Additionally, it could be nursing home neglect if the nursing home staff failed to recognize that the resident was in pain or failed to get the resident prompt medical care for his pain.
If you suspect that your loved one has been hurt by nursing home abuse or neglect, it is important to take action as soon as possible. Untreated pain can impact a person’s quality of life and have physical and psychological consequences. If your loved one has suffered from untreated pain because of nursing home abuse or neglect, our lawyers want to talk to you about your loved one’s rights and possible recovery. Please contact us today to schedule your free, no-obligation consultation.