Using Immediate Jeopardy Findings in Nursing Home Litigation

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 rule has caused or is …

Responding to Defendant’s Delay Tactics in Nursing Home Litigation

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 that plaintiff’s lawyers take the …

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 …

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 …

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 …