Federal law

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Dec 01, 2014

Using Immediate Jeopardy Findings in Nursing Home Litigation

2019-06-11T07:06:23-05:00Categories: Nursing Home Law|Tags: , , , , , |

State and federal laws require nursing homes to provide reasonable and proper care to its residents. If a nursing home fails to provide an appropriate standard of care the state or federal inspector may issue a citation for “immediate jeopardy.” Immediate jeopardy refers to circumstances where the nursing home’s failure to comply with a safety [...]

Oct 15, 2014

Responding to Defendant’s Delay Tactics in Nursing Home Litigation

2019-06-11T07:06:25-05:00Categories: Nursing Home Law|Tags: , , , , , |

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 [...]

Sep 01, 2014

Physical Restraints

2019-06-11T07:06:27-05:00Categories: Nursing Home Law|Tags: , , , , , |

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 [...]

Aug 15, 2014

Payment Sources for Nursing Home Care

2019-06-11T07:06:27-05:00Categories: Nursing Home Law|Tags: , , , |

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 [...]

Aug 01, 2014

Ownership of Nursing Home Facilities and Who to Sue

2019-06-11T07:06:28-05:00Categories: Nursing Home Law|Tags: , , |

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 [...]

Jul 15, 2014

Overview of a Nursing Home

2019-06-11T07:06:28-05:00Categories: Nursing Home Law|Tags: , , , |

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 [...]

Jun 01, 2014

Medicare Liens

2019-06-11T07:06:30-05:00Categories: Nursing Home Law|Tags: , |

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 [...]

May 15, 2014

Key Players in Nursing Home Litigation: Nursing Staff

2019-06-11T07:06:31-05:00Categories: Nursing Home Law|Tags: , , , |

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 [...]

Apr 01, 2014

Federal Law’s Protection of Disabled Nursing Home Residents

2019-06-11T07:06:32-05:00Categories: Nursing Home Law|Tags: , , , |

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 [...]