Nursing Home Litigation

We. The Increasing Nursing Home People

Approximately 1 . 5 million Us citizens live in 16, 700 nursing services.

About 5% of persons 65 and older are in a medical facility at any one time.

An estimated 43% of 65 year olds uses nursing facilities at some point in their leftover years.

90% of the nursing facility population is over the age of 65.

More than 35% of the nursing facility population is over 85.

75% of nursing facility residents are women.

II. The Nursing Home Client

Medical facility residents are among the most weak members of our society.

Typically have persistent disability beyond others of comparable age.

Often lack a family member in order to care for them or provide assist when needed.

Are usually female.

Beyond actual physical disabilities, are more likely to have deteriorating intellectual functioning.

Often have multiple diagnosis of serious illness, disability or impairment.

III. Nursing Home Reform – The

Congressional reports and media accounts over the last 30 years have documented repeated substandard care in nursing facilities.

Groups such as the Long Term Care Ombudsman Program (Federally Mandated per 42 U. S. C. § 3027(a)(12) and National Citizens Coalition intended for Nursing Home Reform have powered new standards. If you are you looking for more in regards to Senior Care Massachusetts look at the web-page.

In 1983, the particular U. S. Department of Health insurance and Human Services commissioned the Institute of Medicine to study nursing house care and to recommend improvements.

In 1986, the Institute of Medication published its study which found nursing care facilities to be “grossly inadequate” and “appallingly bad”. Market abuse of residents was noticed.

In 1987, Congress passed specific standards for nursing facilities that participate in Medicare and Medicaid applications. (Omnibus Budget Reconciliation Act of 1987, 42 U. S. D. § 1396. )

Federal plus State regulatory agencies are jointly responsible for monitoring residents care and ensuring that substandard care is improved.

Generally, states have contracts with Federal governments to survey nursing facilities to determine whether they meet minimal governmental quality standards.

Each state taking part in Medicare/Medicaid is required to pass laws conforming to those established by the Federal government.

4. The Need for More Reform ( and Lawsuits)

Enforcement of minimum specifications for nursing facility care is constantly on the fall short.

Generally, the enforcement of minimum standards system is under well staffed.

Even if the enforcement of Federal plus State regulations were effective, the system is generally not designed or intended to monitor and ensure compliance in individual cases.

In 1995, Consumer Reviews reported that approximately 40% of all facilities certified by the Healthcare Funding Administration had repeatedly violated Federal standards of the previous four many years.

Billions of tax dollars are invested annually on damage resulting from poor care, such as treating Decubitus Ulcers (bed sores), hydrating residents who should not have become dehydrated, treating damaged bones sustained by patients walking unassisted or otherwise abused, etc .

V. Standards Applicable to Nursing Facilities

Federal Nursing Home Reform Changes to OBRA 1987/ “Nursing Home Reform Act” (42 U. H. C. § 1396)

Federal Implementing Regulations – – Requirements for Long Term Care Facilities (42 C. F. R. § 483. 1-75)

Federal Implementing Regulations – — Survey and Certification of Long Term Care Facilities (42 C. Farreneheit. R. § 488. 300-335)

“Accepted professional standards and principles that apply to professionals providing services in this facility” (42 C. F. R. § 483. 75)

Georgia regulation O. C. G. A. 31-8-100 et seq.

Rights to notification of rights.

Rights to certain information (ie. Daily rates, monthly rates, facilities basic services, directly to inspect copy of non-medical information kept by facility, etc . )

Rights to non-discriminatory admission.

Legal rights to care, treatment, and services (“With reasonable care and skill”; in compliance with applicable laws and regulations; without discrimination in the quality of service based on the source of payment; along with respect for the resident’s dignity plus privacy; etc . )

Rights in order to freedom from restraints, isolation or restriction.

Rights relative to pharmaceuticals.

Rights of citizenship.

Rights of personal option.

Rights to personal property.

Legal rights to physical management.

Rights relating to transfer or discharge.

Use of Condition or community Ombudsman.

Actions with regard to damages.

VI. General Theories of Liability and Specific Standards

Negligent failure to provide an adequate number of nursing personnel (nurses and nursing assistants).

Failure to ensure that competent nursing workers are hired and monitored throughout their employment.

Negligence in failing to adequately plan individualized care for residents.

Negligence in failing to continuously assess each resident and notify the attending physician when necessary.

Negligence in failing to help keep an adequate and effective record-keeping program to accurately document clinical circumstances and progress of residents.