An Advance Directive for Nursing Home Negligence Cases
Having a properly executed advance directive is absolutely critical in nursing home negligence cases.
What is an advance directive?
An advance directive is a legal document that allows you to explain your decisions about medical care. If you are unable to make decisions or communicate in the future, this makes it easier for your loved ones and health care providers to understand your wishes.
What is the difference between an advance directive and guardianship?
Both of these legal tools help others make decisions regarding your medical care if you are unable to make them. However, an advance directive is appointed by you while you are still fully capable. Guardianship, on the other hand, is appointed by the court, after you have already become incapable of making decisions.
Please know that the medical facility has a right to charge you for accessing the medical records.
Why is it important to have an advance directive in a case of nursing home neglect?
In a nursing home negligence case, you need medical records to show the harm that the negligence caused. You have a right to the medical records; but you need legal authority in order to access them. This document gives you this legal authority.
How do I get a properly executed advance directive?
It is important that a person is competent to sign an advance directive. This can be complicated if a person is suffering from cognitive impairment. The usual issue is the severity of the impairment and in some cases, if the impairment is temporary or permanent. This is a tricky area of the law. If there is some sort of cognitive impairment it may be necessary to involve a physician. This can be the person’s primary care physician. Or, this could be an outside physician that specializes in the particular impairment. It is important to make sure that your document is executed properly. This includes, in some cases, a determination that a person should sign this particular document.
Our Attorneys Can Help
As elder law specialists in Maryland, we can navigate your family through whatever crisis you might be experiencing. If you think your family member isn’t being treated well at the nursing home, then let’s sit down and talk about it. Give us a call at (410) 296-8166 x292.
