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Suffering neglect or abuse from those who are meant to take care of you is a challenging experience both physically and psychologically. Bedsores are among the most harmful effects of nursing home neglect.
The prospect of seeking legal recovery could seem overbearing without adequate legal resources to help guide you along the way. A Rock Hill nursing home bedsore lawyer might be able to help. As a practiced personal injury attorney, they could review your case and help you develop a plan to move forward.
The Nursing Home Reform Act
The Nursing Home Reform Act is the chief piece of legislation that combats nursing home abuse around the country. The Act, codified under 42 U.S.C. §1395i-3, grants federal rights for all nursing home residents and imposes regulations on facilities that receive government aid, such as Medicare and Medicaid.
Federal Rights
Also known as the resident bill of rights, the Act establishes many rights that nursing home residents are entitled to enjoy. One of these rights is to be free from neglect, a common cause of nursing home bedsore injuries in Rock Hill. Other rights include the right to privacy, the right to be free from physical and chemical restraints, and the right to be treated with dignity.
Federal Regulations
Residential home facilities are also required to abide by the federal regulations outlined in the Act. Residential homes must allow residents access to social and rehabilitative services, dietary services, pharmaceutical services, and in larger facilities, access to a full-time social worker.
State Laws Protecting Nursing Home Residents
South Carolina Code §44-81-40 also establishes laws and rights for nursing home residents. These regulations apply to long-term care facilities, nursing home staff, and their residents.
Under the statute, residents must be informed of the available services offered by the facility and the facility’s refund policies. Additionally, residents are given the right to choose their own attending physician, participate in their own treatment plan, be informed of changes in their treatment in advance, and receive a complete and understandable description of their diagnosis. These state rights act to further protect and prevent Rock Hill nursing home residents from suffering from bedsores.
Filing a Nursing Home Bedsore Claim in Rock Hill
Plaintiffs may seek personal injury damages for nursing home bedsore-related injuries in Rock Hill. In order to file a personal injury lawsuit, a plaintiff must prove that the defendant’s actions or omissions caused their bedsore injuries to occur.
Plaintiffs must file their action quickly, however, due to the statute of limitations. The law grants victims three years from the date of injury in which to file a formal lawsuit against the defendant. Failure to meet this deadline would result in losing the right to bring an action to recover damages.
How a Rock Hill Nursing Home Bedsore Attorney Could Help
A bedsore is a painful and debilitating injury. Those who experience bedsores at the hand of nursing home staff might feel helpless to fight back against their abusers.
A Rock Hill nursing home bedsore lawyer could give you the courage to stand up against those who have treated you with abuse and neglect. They could help at every stage, from filing a complaint to arguing in the courtroom. Call Schiller & Hamilton to get started on your case.