Motions to Expect from Defense Counsel in a Nursing Home Negligence Case

It is essential that plaintiff’s attorneys are aware of the motions defense counsel will bring to delay and distract the case from moving forward. The two most common motions are a motion to dismiss and a motion for protective order. Plaintiff’s counsel must remember that just because the defendants file these motions does not mean they will succeed. Often times, …

Medicare Liens

Many factors can influence the amount of a recovery in a nursing home negligence suit including how the plaintiff paid for his or her care.  Specifically, a plaintiff’s award is an award that may be subject to a Medicare Lien that allows Medicare to take a portion of any judgment as reimbursement. Medicare Liens are a result of federal law. …

Key Players in Nursing Home Litigation: Nursing Staff

Staff account for nearly two-thirds of all employees in nursing homes. This is because federal law requires that nursing homes possess adequate nursing staff to provide proper care for residents. Nursing homes employ three categories of nurses. Each serves a particular purpose and has certain qualifications. The first category are Registered Nurses (“RN”) who must possess degrees from an accredited …

Key Players in Nursing Home Litigation: Medical Director

Federal law requires each nursing home to appoint a physician as medical director. The medical director possesses the power to draft and implement resident care policies. The medical director is also responsible for ensuring that the facility abides by its standard of care for all residents. Developing a resident care policy is a complex process. For example, the medical director …

Key Players in a Nursing Home: Nursing Home Administrator

Nursing Home Administrator There are many different types of employees in a nursing home. Some employees work in a mostly administrative capacity while others work directly with residents. In nursing home negligence case it is essential to determine who are the appropriate and responsible parties in the nursing homes. The most important nursing home employee is the administrator. The administrator …

Federal Law’s Protection of Disabled Nursing Home Residents

Disabled Nursing Home Residents Families often cannot provide relatives with the care they need as they age. This is particularly true for elders with disabilities. As a result, families place their relatives in nursing homes with the expectation that they will receive the care their specialized needs require. Unfortunately, disabled elders are often overlooked in nursing homes. In fact, they …

Key Players in Nursing Home Litigation: Director of Nursing

Nursing homes require many staff members to operate properly. Among the most important nursing home staff members is the director of nursing. The director of nursing (DON) has many responsibilities. These include overseeing the nursing home staff and implementing resident care policies. The DON also reports to the administrator, medical director, and attending physicians regarding the medical needs of nursing …

Breach of Contract as a Claim in Nursing Home Litigation

Breach of Contract Nursing home residents are required to sign a contract during the admissions process. The admissions contract is a binding agreement between the resident and the facility. For example, the resident promises payment in exchange for reasonable and proper care. But in order to provide proper care the nursing home must abide by numerous state and federal regulations …

Admissibility of Prior Conduct in Nursing Home Litigation

Prior Conduct in Nursing Home Litigation Introducing past accidents or incidents is very valuable in a nursing home claim. These prior incidents can help establish that the circumstances leading to the injury were foreseeable. Prior conduct can also show that the nursing home facility knew of the potential for an injury. Showing that the injury was foreseeable and that the facility …