Does not changing the sheets for a while and her having bedsores constitute nursing home negligence that I can sue for?

My grandmother is in a nursing home after suffering a severe stroke. She is not able to communicate, care for herself, or really move at all. We went to visit her a few days ago and it looks like her sheets haven’t been changed for a while and she has some bedsores. The nursing home seems pretty understaffed, and I’m concerned about the fact that maybe she isn’t getting proper care. Does not changing the sheets for a while and her having bed sores constitute nursing home negligence that I can sue for?

Answers (1)

The Nursing Home Reform Act of 1987, passed by the Federal Government, sets certain minimum requirements for nursing homes. Additional requirements are set forth for nursing homes who receive any sort of federal funding and/or who participate in Medicaid or Medicare programs. Depending on whether your grandmother’s nursing home receives government funding and/or Medicare and Medicaid Patients, the home may be in violation of several federal regulations. For example, 42 CFR 483.30 requires that nursing homes have a sufficient nursing staff. 42 CR 483.25 requires the home to help residents who are unable to care for themselves maintain good hygiene. 42 CFR 483.25 specifically requires homes to ensure that residents do not get pressure sores (bedsores, as you call them). If the nursing home is in violation of these federal regulations, that may indicate that you have a strong case for nursing home negligence. You should speak with an attorney who specializes in elder care law and explain the situation to evaluate your options.

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