Nursing homes are supposed to be safe, secure environments in which elderly and medically vulnerable individuals can receive the care they need. These are often the safest places for older patients, especially those living with dementia or Alzheimer’s. But can a person leave a nursing home? And if so, when is it safe to do so, and when is it not?
Key Points and Questions We’ll Cover in This Blog Include…
What is elopement, and why is it dangerous?
Who is most at risk for wandering and elopement?
What can nursing homes do to protect patients from eloping?
No family wants to reach the point where they feel compelled to move their loved one into a nursing home, but many Charleston residents find themselves in a place where they feel like they have no other option but to do so.
Just like any other tenant, nursing home residents themselves, or their power of attorney, must sign a contract before moving in. There is often a unique clause outlined in the terms and conditions of that assisted living facility contractual agreement, which is an arbitration one.
Generally, nursing home arbitration agreements would, in essence, be a signing away of your or your resident loved one’s right to pursue civil litigation against the nursing home if a situation necessitated you doing so. Below, we discuss some of the reasons this is a bad thing and let you know what options you may have if you feel the need to take legal action but are already entangled in a legal agreement like this.
Realizing your aging loved one requires a level of care beyond what you can manage at home is a challenging moment. But it creates an opportunity for you and your family members to work together to identify a place that meets the needs and enhances the quality of life of someone you love.
However, knowing your relative needs a good nursing home and knowing how to pick the right nursing home are two different matters. There are dozens of long-term skilled nursing facilities in Kanawha County alone—and sometimes the specialized care your family member needs can’t be found in your immediate proximity.
Are you or a loved one planning to move into a nursing home here in Charleston or elsewhere in West Virginia? Or do you already have a loved one that lives in an assisted living facility like this?
If so, it’s a good idea to learn about West Virginia nursing home resident rights. Being over-prepared and educated in case of any incidents will ensure you’ll know what caregivers and the facility can and cannot do so that you or a loved one can advocate for your rights if an adverse situation occurs.
The law office of DiPiero Simmons McGinley & Bastress, PLLC in Charleston, WV explores the laws regarding video cameras in nursing homes and how they affect cases of nursing home abuse or neglect.
After learning more about care facility security camera regulations, please reach out to our office with any questions concerning your own case of nursing home abuse or neglect. We provide free case evaluations to empower families to make the best decisions for the care of an aging loved one.
Did you entrust your loved one’s care to a nursing home only to later learn that staff members mistreated them? If so, the time to take action is now. Aside from helping your family member take legal action against their abuser, you should also take reasonable steps to report elder abuse in West Virginia.
Reporting instances of elder abuse to the proper authorities will not only protect your loved ones, but may also prevent further harm to other victims who do not have a trusted family member to advocate on their behalf. Alerting authorities to acts of elder abuse also helps minimize the chances of future nursing home residents suffering at the hands of an abusive caretaker.
Nursing homes are important care facilities for older Americans who can no longer live on their own or with family because they require around-the-clock care. Since the facility houses the resident and is responsible for their care and safety, one of their biggest concerns should be preventing the spread of infection. Staff, residents, and visitors can all transmit infections if the proper precautions and cleaning are not taking place in a facility.
Placing a loved one into a nursing home is a challenging decision. Prior to doing so, it’s likely you’ll consult with your loved one, their doctor, and government resources to determine which facility is right for them. Unfortunately, problems can happen even in a facility that seems perfect.
Abuse can come in many different forms, including physical, emotional, and financial. Some of those types of abuse can manifest as neglect, sexual abuse, pushing, and yelling. When you make the tough decision to place your loved one in a long-term care facility, you expect their new community to take care of them as if you would. Unfortunately, that’s not always the case, as all types of abuse happen in nursing homes. And staff members aren’t the only people in your loved one’s nursing home who might abuse them, as fellow residents can cause abuse as well.
According to the National Institute on Aging, verbal abuse is a form of emotional abuse, but it can be much more than just yelling at a person. Verbal abuse can be a staff member insulting, threatening, blaming, or patronizing a patient. According to a study, verbal abuse was the most common form of abuse in assisted living facilities, with 203 instances of humiliating remarks occurring for every 1,000 residents per year.
Nobody deserves to be treated poorly, especially not older Americans who need the help of a long term care facility to live more comfortably. Though verbal abuse might sound like the least harmful form of abuse, it’s just as bad because it negatively impacts the patient’s mental and emotional state. A study funded by the National Institute on Aging found that verbal mistreatment can be associated with a decrease in physical and mental health and leads to a lower quality of life.
It’s hard to make the decision to place a loved one into a nursing home. Even if you want to take care of them on your own, sometimes a facility has better resources available for your loved one in their old age. But it can be an even harder decision to remove them from the nursing home if it isn’t the right fit for their needs.
When a long term care facility is no longer working for your loved one, you should get in contact with an experienced lawyer from DiPiero Simmons McGinley & Bastress in Charleston. We can help you stand up for your loved one if they have been mistreated by the nursing home who was supposed to be taking care of them. Let’s take a look at some of the reasons you might need to remove your loved one from a nursing home.
I would recommend the services of Mr.Lonnie Simmons. Mr. Simmons made me feel at ease, and all of my questions and concerns were addressed in understandable terms. Mr.Simmons years of experience, and knowledge of the court system would be beneficial to everyone he represents.
03:32 22 Jun 17
I’m very pleased to have been represented by Lonnie Simmons in a very confrontational lawsuit. His reassuring and patient manner was a comfort even as we presented to the State Supreme Court. He won the case and my appreciation.
14:47 16 Feb 17
Very friendly and helpful resources in the middle of downtown ,plenty of.parking around. Staff is n superb, clean , nice , cozy lobby.