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 …

Smoking in Nursing Homes

Many nursing home’s residents want to maintain certain aspects of their lifestyle. For that reason, many elders that enter a nursing home want to continue smoking. Unfortunately, this often proves dangerous because nursing homes fail to properly monitor the resident. Indeed, the dangers associated with resident smoking are easily negated with proper supervision and a reasonable smoking policy. Nursing homes …

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 …

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 …

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 …

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 …

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 …