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Failure to Follow Care Plans

A care plan must be developed for every patient in a nursing home facility, as mandated by Federal law. All residents must be evaluated mentally, physically and emotionally to determine the best health care course possible, with the purpose of protecting all patients from nursing home abuse and neglect.

The Care Plan for Your Loved One

In order to continue receiving Medicare and Medicaid funds, nursing homes are required to adhere to the Nursing Home Reform Act (OBRA 1987). The Act underscores the minimum standard for “services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.”

The care plan is developed by the medical professionals responsible for your loved one’s care. You have the right to meet with these people to express your concerns and wishes about the care plan. You can also ask what care will be given, and by whom. Finally, you have the right to ensure the plan is followed and obtain a copy of the care plan.

When the Care Plan is Disregarded

If a care plan is disregarded or neglected, it may signal neglect or abuse on the part of nursing home administrators and staff. The abuse may be physical, emotional, or sexual and can encompass neglect, medication errors, or improper or unnecessary confinement.

Sometimes, care plans are disregarded because of inadequate training or supervision, or a lack of staff. However, the reason does not matter. Failure to follow the plan can lead to malnutrition, pressure sores or even wrongful death.

If you suspect your loved one’s caregivers have disregarded the care plan, talk with attorneys who are also doctors. Cullan & Cullan has lawyers who are also doctors. They will investigate caregivers if you believe your loved one has been injured due to nursing home abuse or neglect.

Please contact our Phoenix nursing home abuse lawyers today to schedule your confidential no-cost consultation. We serve clients in Phoenix, Scottsdale, and all of Arizona.


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