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Do you know federal and state laws protect elderly residents from nursing home abuse? The federal Nursing Home Reform Law, which took effect in 1987, and Nebraska state law protect numerous rights of such facilities’ residents and allow them to keep their dignity. Here are some of the protections and types of damages that injured residents can recover.

Legal Protections Against Nursing Home Abuse

Elements of Protection

Nursing home abuse protections include the patients’ rights to receive proper physical, medical, social, and psychological treatment for their needs. Residents have a right to privacy and personal communications with others as they choose and can express dissatisfaction with conditions without fear of retaliation. They are also entitled to freedom from chemical and physical restraints and receive dignified and respectful treatment. When care centers violate residents’ rights and cause injuries, nursing home lawyers file lawsuits for monetary damages on their behalf.

Types of Damages

nursing home abuseInjured residents can recover economic and non-economic damages for their losses. Economic damages are amounts of money that can be calculated easily, including medical care costs. Non-economic damages are subjective amounts that can only be estimated. Examples include pain and suffering and impairment of residents’ enjoyment or quality of life.

Damages Cap

Nursing home abuse cases may be subject to Nebraska’s restrictive cap of $1,750,000 on monetary damages when nursing home care providers qualify for protection under the Nebraska Hospital-Medical Liability Act. The cap covers both economic and non-economic damages.

 

If you suspect an elderly loved one has suffered nursing home abuse, contact one of the dedicated lawyers at Reed Law Offices in Omaha, NE. You can depend on these skilled and compassionate professionals to seek the full compensation allowed by law for your losses. Call (402) 933-0588 today to for an appointment with an elder abuse attorney. Visit their website to learn more about the firm’s services, and find timely information on their Facebook page.

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