Who to Depose in a Nursing Home Negligence Case

Depositions are a crucial aspect of a nursing home negligence claim. Depositions provide an opportunity to test and probe the nursing home’s sworn explanation of the circumstances leading to the injury. Depositions also lock staff and administrators into a position on a topic, thus providing impeachment material if the witness seeks to change his or her testimony at trial. Put …

Signs of Nursing Home Abuse

Families place an immeasurable amount of trust in nursing home staff when they admit a loved one to that facility. This trust is often misguided when nursing home abuse occurs to loved ones instead of the promised care. What can families do to help stop this? First, family members must not wait for nursing home staff to report the abuse. …

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 …

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 …

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 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 …