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A Dirty Nursing Home May Be a Negligent Nursing Home

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Unsanitary and filthy conditions are types of nursing home neglect

The failure to clean the nursing home facility or to maintain the hygiene of a nursing home resident is not just laziness, it is not just unappealing; it is also a potential sign of nursing home negligence that could result in serious injury.

If your loved one has been hurt by unsanitary conditions, then it is important to recognize that your loved one might have the right to recover damages for any injuries, but first she must pursue a claim before her time to do so expires.

Federal Regulations Require Clean Nursing Homes

Nursing homes must perform a balancing act. Federal regulations require that nursing homes receiving Medicare or Medicaid funding provide residents with a “safe, clean, comfortable, and homelike environment.” The “homelike” piece of this regulation requires nursing homes to make living arrangements as unlike an institution as possible. Instead, residents should be encouraged to be individuals and to have their rooms the way that they want them. However, at the same time a nursing home is a type of institution and steps must be taken to protect all residents from injury. At the same time nursing homes must provide safe and clean places to live.

The same set of federal rules further require nursing homes receiving Medicare or Medicaid funding to provide the “housekeeping and maintenance services necessary to maintain a sanitary, orderly, and comfortable interior.” The interpretive guidelines for this section make clear that “sanitary” includes (but is not limited to) keeping resident care equipment clean to prevent disease. Resident care equipment includes things such as toothbrushes, dentures, catheter bags, bed pans, feeding tubes, positioning devices and other objects. “Orderly” is also defined in the interpretative guidelines and is meant to be an “uncluttered physical environment that is neat and well-kept.”

A nursing home resident who is hurt when either of these regulations is violated may have a nursing home negligence claim.

What to Do If Your Loved One Has Been Hurt by This Type of Nursing Home Neglect

If your loved one has been hurt by unclean or unsanitary conditions in a nursing home then we encourage you to contact us via this website or by phone at 1-800-800-5678 to discuss your loved one’s rights and potential recovery. We would be happy to provide you with a free consultation so that your family can make an informed decision.

Jason F. Abraham
Managing Partner, Hupy and Abraham

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