Nursing Home Investigations
Nursing Home Litigation is divided into three parts. Part One introduces
you to nursing home litigation, nursing home structure and the
foundations of nursing practice in the context of nursing homes. Part Two
covers clinical liability issues, including those involving
physicians,administrators and nurses. It also covers liability issues
relating to the use of pharmaceuticals and falls and restraints. Part Three
addresses case screening, investigation of billing fraud as an aid to the
civil claimant, investigation and pretrial considerations, some practical
information for the defense and a discussion of the role of the legal nurse
consultant.
Today the population of the elderly in nursing homes is soaring. Nearly 2
MILLION ELDERLY and DISABLED individuals currently reside in a
residential care facility. A SHOCKING 30% of our nation's nursing homes
have been cited for either deficiencies involving actual physical abuse to
residents, or placing residents at risk of death or serious injury. What is
more alarming according to a recent government report is that these
numbers are likely to be UNDERSTATED.
Even more worrisome is the study only focused on physical abuse.
Unfortunately elder abuse is not just confined to a physical nature.
Today's abuse problems of the elderly and disabled include; financial
abuse, emotional abuse, psychological abuse, and neglect
Don't Let this happen to your loved one
We understand that in many instances, visiting a loved one in a
residential care facility on a regular basis just not possible. CALL US and
we will be your eyes and ears providing you with detailed written and
video reports. Our intensive visits will provide you with all the necessary
data so you can feel confidant that your loved one is receiving the best of
care. We will interview staff, fellow patients, and your loved one. During
our visits careful attention will be paid to the cleanliness and day to day
operation of the facility. We let it be known to the staff that we are there
as an advocate for your loved one. Our experience has been that the
patients who have regular visits from friends and family often receive
better care.
Common injuries and conditions which are often screened and evaluated
for a potential investigation are as follows:
1. Malnutrition and Dehydration/Improper Feeding
2. Unexplained Injuries, Bruises or Fractures
3. Physical/Sexual Abuse by Staff/Assault by Other Residents
4. Wandering/Elopement Injuries
5. Dignitary Injuries/Privacy Claims
6. Failure to Provide Appropriate Services -
Rehabilitation/Contractures
7. Injuries from Staff Neglect
8. Improper Use of Restraints (Chemical & Physical)
9. Improper Administration of Medications/Medication Errors
10. Theft of Resident Belongings
11. Economic Exploitation of Elderly/Billing and Financial
Medicare/Medicaid Fraud
12. Negligence
13. Negligence Per Se
14. Gross Negligence
15. Intentional Torts
16. Vicarious Liability
17. Duties To Protect Against Third Parties
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