Our trusted nursing home lawyer Greenville, SC relies on from Poliakoff & Associates, P.A., knows that you may be surprised to learn that your loved one is experiencing elder abuse from people at their nursing home. In fact, most family members take a great deal of care to ensure that they are placing their loved one in a nursing home facility that will take care of their needs and help with medical concerns they may have. When you speak with your loved one and they indicate that they are being abused or neglected in some way, we understand that this news can be shocking and, in some cases, it may be hard to believe. Your loved one may have a history of exaggerating things or being dramatic, but we encourage you to always take an indication of abuse seriously. Our Greenville, South Carolina nursing home lawyer wants to help you see the signs of abuse. For more information on helping your family member, please call us now.
Understanding the Signs of Elder Abuse
Many times, family members and loved ones do not see the signs of elder abuse. In fact, especially when it occurs in nursing homes, these people may have so much experience with elder abuse that they know how to hide it well. That is why we want to equip our clients with the knowledge to spot elder abuse, be able to verify their loved one’s story, and have an attorney they can call who they can trust.
When You Have Signed a Nursing Home Arbitration Agreement
It is very common for nursing homes to require men and women to sign an arbitration agreement before they can move into the facility. These agreements may include a broad range of stipulations; however, as a Greenville, SC nursing home lawyer, we find that most include the following terms:
For rather obvious reasons, family members and residents may raise an eyebrow when reviewing an agreement like this. That being said, because nursing home care may be necessary, arbitration agreements are typically signed by residents because they feel like they have no other choice. When abuse or neglect arises, a situation involving an arbitration agreement can be worrisome.
If you or a loved one has signed an arbitration agreement, and believe abuse or neglect is taking place, please know that you may have options and rights. One of these rights includes the ability to speak with a nursing home lawyer in Greenville, SC. In fact, you should do so. A good lawyer can discuss your case and review the arbitration agreement. In many of these agreements there are weak spots or vulnerabilities that leave room for legal recourse. Even if there are no weak spots, having a nursing home lawyer Greenville, SC has to offer on your side can be invaluable.
If you choose to explore your legal options, you should remember the following:
At Poliakoff & Associates, P.A., we can help you to explore any options available and let you make a sound, practical decision based upon what we analyze. Rest assured, we are against abuses and neglect in a nursing home and will do our best to get justice.
How Can I Get a Copy of My Medical Records (or My Loved One’s) from the Nursing Home
Because of privacy regulations through HIPAA, as well as common misconceptions of the laws that apply to obtaining these records, it can be difficult to get medical records from a nursing home, or any other medical facility. This difficulty is not only on the part of the person seeking these records, but also may fall on the facility.
That being said, there are federal and state laws that ensure patients and authorized representatives can access their medical records – as long as the laws are complied with. These laws include the right to inspect, review, and copy the records of a person living in a nursing home.
As a Greenville, SC nursing home lawyer might explain to you, a request for any copies must be in writing. This request must be delivered to a director, administrator, or manager or the facility or to the doctor or provider. You will also be responsible for any fees that may be charged by the facility. The nursing home has thirty days to respond to the request.
In the event that the facility needs more time to comply with the request, they must give you a written statement of the reasons for their delay. They must also give you a date in which they will provide you with the records. The nursing home has no more than 60 days to gather the requested information.
Federal Law for Obtaining Nursing Home Records
According to federal law, the resident of the nursing home, or their legal representative, has the right to access all records, including clinical records, within 24 hours of notice. They must also receive photocopies of the records, and at a standard rate.
It is the right of the resident to have personal privacy, as well as confidentiality of all their records. At any time, the resident can approve or refuse the release of any of their records to parties outside of the facility. The exception to this is when they are being transferred to another facility or a release is required by law.
If at any time you are being refused your records, or those of your loved one’s, you should consult a nursing home lawyer in Greenville, SC for further help. Furthermore, if it appears as if records are being falsified or manipulated, gather any evidence you have that suggests this and call a lawyer.
What We May Ask From You
Once you decide to call a nursing home lawyer in Greenville, SC, there will be things that are expected of you. First and foremost, we would appreciate your honesty, as well as transparency. Without these things, we may be unable to do our job as best as possible. In addition to these things, we ask that you:
Do You Need a Nursing Home Lawyer for Abuse or Neglect?
Discovering abuse or neglect in a nursing home can be extremely upsetting. You want answers, and more importantly, you want these horrible actions to stop – and never happen to anyone else. Finally, you may feel that you deserve to be compensated. As a nursing home lawyer in Greenville, SC, we understand this and want to help. Call Poliakoff & Associates, P.A., today for a consultation.
Get Help From a Greenville Nursing Home Lawyer!
If you would like to learn more about the signs of elder abuse in a nursing home and what you can do to prevent or stop it, please contact our trusted nursing home lawyer in Greenville, SC from Poliakoff & Associates, P.A.