Both federal and state laws combine to regulate almost every aspect of nursing home activity. If a patient is abused or neglected, it is likely that the nursing home is in violation of strict laws designed to curtail such activities.
Most nursing homes participate in both Medicare and Medicaid programs. If the resident who suffered abuse received Medicaid or Medicare benefits, then it is possible that inaccurate and illegal billings may have been submitted to the government.
In addition to federal laws regulating the quality of care in nursing homes, the state of Michigan has enacted laws, including Michigan's Statutory Patient's Bill of Rights includes the following (The Michigan Public Health Code MCL 333.20201; MSA 14.15(20201):
A Michigan patient or resident is entitled to be free from mental and physical abuse and, except as authorized by a physician, or as necessitated by an emergency to protect the patient, free from physical and chemical restraints.
A Michigan patient or resident shall not be denied appropriate care on the basis of race, religion, national origin, sex, age, handicap, marital status, sexual preference, or source of payment.
An individual may obtain a copy of, or inspect his/her medical records, and a third party shall not be given a copy without authorization of the patient except as required by law and third party contract.
A Michigan patient or resident is entitled to privacy, to the extent feasible, in treatment and caring for personal needs with consideration, respect, and full recognition of his/her dignity and individuality.
A Michigan patient or resident is entitled to adequate and appropriate care and to receive information about his/her medical condition, proposed treatment and prospects for recovery, unless medically contraindicated by the physician in the medical record.
A Michigan patient or resident is entitled to receive and examine an explanation of his/her bill. Also, he/she is entitled to know who is responsible for, and who is providing, his/her care.
A Michigan patient or resident is entitled to associate and have private communication with his/her physician, attorney or any other person, and to send and receive personal mail unopened, unless medically contraindicated.
Michigan patient's or resident's civil and religious liberties shall not be infringed and the facility shall encourage and assist in the exercise of these rights.
A Michigan patient or resident is entitled to retain and use personal clothing and possessions as space permits. At the request of a patient, a nursing home shall provide for safekeeping of personal property and funds, except that a nursing home shall not be required to provide for the safekeeping of property that would impose an unreasonable burden on the nursing home.
Each Michigan nursing home patient shall be provided with meals that meet the recommended dietary allowances for the patient's age and sex and may be modified according to special dietary needs.
A Michigan nursing home, its owner, administrator, employee, or representative shall not discharge, harass, retaliate or discriminate against a patient because a patient has exercised rights protected by law.
The cost of treating injuries suffered at the hands of a nursing home can be quite high. Often the resulting injuries are permanent. This is an extreme hardship for the injured person and his or her family.
If the condition was determined to be the fault of a nursing home, than there should be insurance in place to provide financial compensation for the substantial bills and expenses that will be incurred,
