Using Immediate Jeopardy Findings in Nursing Home Litigation

Using Immediate Jeopardy Findings in Nursing Home Litigation / The Steele Law FirmState 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 rule has caused or is likely to cause harm to a resident.

State agencies take three factors into account when determining if an immediate jeopardy citation is warranted: (1) harm; (2) immediacy; and (3) culpability.  Harm and immediacy refer to the immediate threat of serious injury or death. Culpability means that the nursing home knew or should have known of the danger.

Multiple situations may trigger an immediate jeopardy citation. For example, allegations of abuse are a common trigger. Similarly, allegations that the facility negligently failed to assess injuries in a timely manner or follow the care plan provided by the doctor are additional triggers. Finally, environmental hazards such as failing to properly store and secure chemicals and scalding water can also result in immediate jeopardy.

So what happens when a nursing home is issued an immediate jeopardy citation? First, the surveyor will notify the nursing home of its findings. The facility is then required to produce a plan to remedy the immediate jeopardy. Within ten days of the corrections being made, a revisit is scheduled to see if the immediate jeopardy has been removed. If the nursing home does not remove the jeopardy within the time frame specified by the Division, it is terminated from the Medicare and/or Medicaid programs within 23 days of the end date of the survey.

Immediate jeopardy citations are strong evidence in any nursing home negligence case. If you suspect your loved one is the victim of nursing home abuse please contact our Kansas City nursing home negligence and abuse law firm.

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.