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Can Nursing Home Staff Sedate Patients to Get them to Fall Asleep Easier?
After caring for my elderly mother for several years in my home, I felt that I was no longer able to provide her with a satisfactory level of care, and I moved her into a nursing home a few months ago. Since that time, she seems increasingly lethargic and is usually asleep when I visit her. I am becoming concerned that the staff is sedating her as opposed to giving her the care she needs. Could this be considered abuse, and if so, what are her rights under nursing home abuse law?
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Answers (1)
Many nursing homes are chronically understaffed, resulting in a lesser than optimal level of residential care. While this is usually unintended, it nevertheless is a major contributor to nursing home abuse and neglect. Because an elderly person is often unable to communicate what is going on, it is important that you continue to pay close attention to warning signs indicating that your mother is not being adequately cared for.
Under federal nursing home abuse laws, each nursing facility must develop and implement written policies and procedures prohibiting mistreatment, neglect, or abuse of residents. There are many ways in which nursing homes can be held responsible for injuring others as a result of their negligence. An act of abuse, neglect or exploitation of an older person might give rise to one or all of the following types of proceeding: 1) an investigation and finding by an adult protective services agency; 2) a lawsuit; and/or 3) a criminal prosecution. The objective of a protective services investigation is to provide immediate help and relief to the victim and prevent further harm. The goal of a civil lawsuit is to remedy damages, and the criminal prosecution is meant to punish the harmful conduct.
If you feel that your mother is a victim of nursing home abuse and neglect, I would encourage you to solicit the advice of an attorney experienced in nursing home abuse law so that you may weigh your options.
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Posted by Jan Hill on 21 Jan 2010
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(5 Votes)