Payment Sources for Nursing Home Care
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 be either Medicare or Medicaid certified. Unfortunately, no uniform standard exists for facilities accepting private [...]
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 of nursing homes before bringing a claim. Ownership of nursing [...]
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 essential to understand a nursing home’s structure to know the [...]
Opening the Estate
One of the saddest aspects of nursing home litigation is that it often involves the death of a loved one. In these cases, it is important that families know how to file a lawsuit. On the other hand, nursing home residents sometime pass away during the litigation process. Under these circumstances, families must know how to continue the existing lawsuit. In either case, a personal representative should be appointed for [...]
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, it is simply a strategic move to delay the case. [...]
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. Put simply, when a nursing home negligence case is settled [...]
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 nursing school. In fact, each RN is required to pass [...]
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 must consider many issues when drafting the resident care policy [...]
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 is appointed by the board of directors and licensed by [...]
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 are often denied the extra care they need, because nursing [...]
