Nursing home negligence in Hawaii has become a widespread problem. Nursing home abuse and neglect can cause residents to receive serious injuries and in the worst cases, death. Statistics indicate that residents were harmed in over 17 percent of facilities in Hawaii. Further, 42 percent of facilities were discovered to have unsanitary food that was unsafe for nursing home residents. Over 33 percent of all facilities in Hawaii were also discovered to have an accident-prone environment. Over 11 percent of all facilities had patients who also developed pressure sores as a result of neglect.
Nursing home injury lawyers are available to help family members who have had loved ones suffer injuries as a result of deficiencies in nursing homes. Those who have injured loved ones can get in touch with Hawaii nursing home lawyers to receive immediate legal assistance with their claims.
Hawaii Nursing Home Laws
Hawaii laws seek to provide the maximum protection possible to vulnerable residents in nursing homes. The civil penalties for dependent elder abuse are codified in §28 to §94 of the Hawaii Code. This section indicates that a caregiver who is liable for abuse will face a civil penalty of $500 to $1,000 for each day in which the abuse occurred. Caregivers must also cover the costs of investigation into the abuse incidents.
A lawsuit based on nursing home negligence in Hawaii must be brought within two years of the original date of discovering a loved one’s injuries. In addition, there is a $375,000 cap on non-economic damages for loved ones who suffer injuries, except for mental anguish and other types of damages.
The term “abuse” also has wide range of meanings under Hawaii laws, and it is important for family members to be on the lookout for all of these forms of abuse. These forms of abuse include physical injury, psychological abuse, sexual abuse, neglect, financial exploitation, maltreatment and negligent treatment. The Hawaii Code even goes a step further to provide examples of these forms of abuse with the following list:
- Bleeding and skin bruising
- Injuries to the skin
- Bone fractures
- Subdural hematoma
- Soft tissue swelling
- Physical pain
- Mental distress
- Sexual assault or photographing
- Unauthorized use of personal assets
- Failure to use an elder’s income for his or her support
When any of these forms of abuse have occurred, the attorney general has the power to bring a civil action on behalf of the State and against a caregiver who commits abuse. If nursing home workers recognize any signs of this abuse that are affecting a resident, they have a legal duty to report the abuse to the appropriate authority. Nursing home workers are liable if they know of abuse that is affecting a resident and fail to report the abuse. Family members should also report any signs of abuse to authorities as soon as they become aware of its impact on a loved one.
Know Your Rights in Hawaii Nursing Homes
It is important for family members and nursing home residents to know all of their legal rights. The legal rights of nursing home residents are clearly listed in the Nursing Home Reform Act of 1987. Under the Act, residents are provided rights such as the right to be free of abuse or exploitation, receive treatment with dignity, be free of physical or chemical restraints, have privacy, communicate freely and be free of neglect.
If a resident is placed in immediate jeopardy for a violation of one of these rights under federal law, then the enforcement process will begin. If there have been repeated patterns of abuse in a nursing home, then severe sanctions may be available to hold a nursing home accountable for this abuse. Available sanctions include monetary penalties, revised training of staff, new management, termination of provider agreement, denial of Medicare or Medicaid payments, denial of Medicare or Medicaid admissions and more.
Speak with Hawaii Nursing Home Lawyers Today
Hawaii nursing home lawyers are available to discuss your case. Our attorneys are here to help families and residents throughout the State of Hawaii in such areas as:
- East Honolulu
- Ewa Gentry
Get in touch with Hawaii nursing home lawyers to receive the assistance that you need to succeed in making a claim and protecting your loved one from abuse.
While we endeavor to keep this website current, the information and laws published here are subject to change. This web site may not immediately reflect such changes, and should not be considered legal advice. Please consult a lawyer if you have a specific legal problem.more information »
About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the …read more »
Nursing Home Laws by State
- District of Columbia