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 …

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 …