In an ideal world justice would be equally and readily available no matter where a person is injured. This is especially true in nursing home abuse cases. Families place their loved ones in nursing homes so they can receive the care they need and deserve. It should not matter where the nursing home is located […]
Depositions are a crucial aspect of a nursing home negligence claim. Depositions provide an opportunity to test and probe the nursing home’s sworn explanation of the circumstances leading to the injury. Depositions also lock staff and administrators into a position on a topic, thus providing impeachment material if the witness seeks to change his or […]
State and federal laws require nursing homes to provide reasonable and proper care to its residents. If a nursing home fails to provide an appropriate standard of care the state or federal inspector may issue a citation for “immediate jeopardy.” Immediate jeopardy refers to circumstances where the nursing home’s failure to comply with a safety […]
Many nursing home’s residents want to maintain certain aspects of their lifestyle. For that reason, many elders that enter a nursing home want to continue smoking. Unfortunately, this often proves dangerous because nursing homes fail to properly monitor the resident. Indeed, the dangers associated with resident smoking are easily negated with proper supervision and a […]
Families place an immeasurable amount of trust in nursing home staff when they admit a loved one to that facility. This trust is often misguided when nursing home abuse occurs to loved ones instead of the promised care.
What can families do to help stop this?
First, family members must not wait for nursing home staff to […]
Nursing home cases are a lengthy process even when both parties cooperate. This is because nursing home cases usually consists of thousands of pages of documents and medical records that each party must review, and then conduct numerous depositions. Too often the nursing home’s litigation strategy is simply one of delay. When this happens, it is important […]
Access to the proper records and documentation is key to any claim of nursing negligence. State and federal court rules of civil procedure allow plaintiffs to issue a Request for Production of Records after they file their Petition for Damages. Doing so allows the plaintiff to access documents he or she may not already possess.
Loved ones sometimes need physical restraints to prevent falls or recover from a medical procedure. It is also true that there are sometimes medical reasons to prescribe restraints. But too often nursing homes use restraints as punishment or a way to restrict movement of residents. This is against federal law. In fact, except for emergency […]
Nursing homes receive payments from a variety of sources. They then use the payments to provide the staff, medical equipment and facilities necessary to fulfill the needs of their residents. In fact, nursing homes are paid from both government and private sources. But in order for facilities to receive funds from the government they must […]