The number of individuals in nursing homes is projected to greatly increase as people live longer. Currently, there are approximately 1.5 million people currently in nursing homes and this number is projected to triple in the next twenty-five years. Moreover, advances in medicine continue to extend life expectancy meaning that nursing home residents stay longer in the facility. It is essential to understand a nursing home’s structure to know the rights loved ones are guaranteed by law.
A nursing home must agree to abide by state rules and regulations regarding its operation to become a licensed healthcare facility. The majority of nursing homes are also certified by the federal government so that they can receive Medicare and Medicaid funds. Upon certification nursing homes agree to treat all patients the same regardless of payment method (private pay, Medicare, Medicaid). However, federal certification also requires the nursing home to abide by certain federal regulations regarding the treatment of residents.
If a nursing home has negligently treated a resident then it has also likely violated state and federal law. As a result, nursing homes have made a concerted effort to make suing the facility for negligence more difficult. For example, many nursing homes have an arbitration clause in the admission contract. Importantly, many states including Missouri have been hesitant to enforce these mandatory arbitration agreements. Some nursing homes have also turned to self-insurance that fails to cover acts of negligence. This lack of insurance can greatly affect a plaintiff’s ability to collect the damages he or she is owed.
Nursing home negligence claims involve many complex legal and medical issues. Having the right attorney is essential to recovering what you deserve. Our Kansas City nursing home abuse law firm will do everything possible to assist you in obtaining the maximum compensation you deserve. More importantly, our Kansas City nursing home abuse law firm will serve as an ally that will give you and your family the respect and compassion it needs. Contact us for your free consultation today.