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┬ácan also show that the nursing home facility knew of the potential for an injury. Showing that the injury was foreseeable and that the facility …

Admissibility of Survey and Report Results in Nursing Home Litigation

Survey and Report Results Nursing homes must submit to an annual survey to be licensed by the state where the facility is located. The surveys occur more frequently if the facility has a special license or has had a complaint filed against it. The results of these surveys may provide valuable evidence of past behavior in developing a claim against …