“Standard of care” is a key concept in claims against nursing homes. It is the level of care, skill and treatment that a reasonably careful and skilled health care professional would provide under similar circumstances. This means considering factors such as the patient’s specific condition, available resources and accepted medical practices at the time.
When a nursing home or its staff fails to follow the standard of care for a patient, resulting in harm, it could be grounds for negligence or malpractice. Both state and federal laws set clear standards for nursing homes and the care they provide to their patients.
There must be adequate staffing and facilities
Nursing homes must create an environment where residents can receive high-quality care and live comfortably. They must:
- Maintain specific staff-to-resident ratios
- Have registered nurses, licensed practical nurses and certified nursing assistants with proper training and certifications to work in a nursing home setting
- Provide safe living spaces with proper lighting, handrails and accessible bathrooms
They must also maintain medical equipment, ensure proper food storage and preparation areas and have plans for emergencies. All these ensure that residents receive the care that they need.
They must provide personalized care and protect resident rights
Nursing homes must provide residents with personalized care plans that cover their:
- Physical health
- Mental state
- Personal preferences
- Daily habits
Staff must monitor changes in the resident’s health and change care as needed. They must also protect residents’ rights by honoring their choices, keeping their privacy and supporting their social connections.
They must offer comprehensive health care
Facilities must offer a range of health services, including:
- Proper medication management
- Social services
- Infection control programs
Nursing homes must follow a standard of care that addresses a resident’s physical, mental and social needs.
Advocate for your loved one’s right to proper care
If you believe your loved one may be a victim of nursing home negligence, it’s important to take action. An attorney can help clarify your concerns and outline potential next steps.
