Nursing Home Abuse:

Forcing a Resident to Leave

Your loved one cannot simply be discharged from a nursing facility. There are specific regulations and procedures that must be followed in order to transfer a patient or terminate his or her treatment at the facility.

Federal regulations require any nursing facility to provide 30 days written notice and complete an appropriate discharge plan if they determine a resident can no longer stay at the home. The nursing home cannot terminate or transfer a resident without providing one or more of the following reasons:

  • The nursing home cannot provide the care necessary for the resident
  • Care is no longer needed due to the improvement of the health of the resident
  • The health or safety of individuals in the facility is endangered
  • The resident is unable to pay for care (although the facility cannot evict a resident who is waiting for Medicaid eligibility)
  • The nursing home is closing

If you or your loved have been inappropriately discharged from a nursing home, or forced to leave a nursing home without good reason and sufficient notice, you may be entitled to punitive damages. Contact a nursing home abuse lawyer as soon as possible to explore your options and protect your rights.

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