Smoking in Nursing Homes

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 reasonable smoking policy. Nursing homes …

Signs of Nursing Home Abuse

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 report the abuse. …

Responding to Defendant’s Delay Tactics in Nursing Home Litigation

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 that plaintiff’s lawyers take the …

Request for Production of Records

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. Some of the most common …

Pre-Suit Discovery in Nursing Home Litigation

In nursing home litigation, it is essential to gather as much information as possible from the facility. This means demanding every document and record that the home is willing to provide before filing a lawsuit. Nursing homes are required by law to maintain many records that can provide insight into the case. While they may be slow to produce these …

Physical Restraints

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 situations, residents may only be …

Ownership of Nursing Home Facilities and Who to Sue

It is important to know who owns a nursing home before filing a lawsuit against the facility. This information has many practical applications. First, it may provide insight into which parties should be named in the lawsuit. Second, it may also establish how much a plaintiff can recover in litigation. In either case, it is important to ascertain the ownership …

Overview of a Nursing Home

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 …