Nursing home abuse is unfortunately rather common, although in general it takes the form of passive neglect rather than active malignancy. According to the website of Tennessee-based attorneys Pohl Berk LLP, nursing home abuse happens in one out of every three nursing homes. That is a sobering thought to bring home after visiting a family member or friend who is a resident in a nursing home.
But nursing homes are bound by law as well as ethics to a standard duty of care for these residents. Most of the staff closely involved with the care of residents have a health care or medical license that can be revoked if they are suspected of having breached their duty of care to the people left in their professional care. According to the website of the Leichter Law Firm with professional license defense experience in Houston and nearby counties, these may include doctors, mental health professionals and nurses, and the loss of their license means they may no longer practice in their field. Administrative cases may be brought against any member of the nursing home staff for alleged nursing home abuse, and this can have serious consequences for the professional reputation of the defendant.
It is a tricky situation when there is a conflict between protecting the right nursing home residents have to reasonable, professional care that is free from any type of abuse and the rights of a health professional to preserve his or her right to retain the license to practice in the absence of any wrongdoing. It all boils down to what can be proven through facts, and it often becomes a legal tussle. In order to ensure a fair and just inquiry, it is important that both sides retain experienced legal representation in the area in nursing home abuse as well as professional license defense.