Nursing Home Litigation

The goal is to avoid bad outcomes and if you succeed at avoiding bad outcomes, there should be no litigation. However, sometimes residents are victims of negligence, neglect or intentional wrongdoing. If you think you or a loved one was injured in a nursing home, EzElderLaw can put you in touch with an attorney who will evaluate your case. When examining your case, the litigation attorney will be looking at the following:

  • What’s the resident/patient like? Are they good people (or would a jury hate them)
  • Family: Are they good people (do they make good witnesses or would a jury hate them)
  • Duty and breach of duty (did the nursing home have a responsibility to do or not do something, and did the nursing home breach that duty?)
  • Causation
  • Damages

Some litigators explain injury claims in simple terms by using the acronym “POP”

  • Is it predictable,
  • Is it observable?
  • If so, then it’s usually preventable.
  • And if it’s preventable, then it should have been prevented.

 

Resources:

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Resident’s Right to Share a Room; Roommates

Nursing home residents have a right to share a room with whomever they wish as long as both residents agree. Specifically, 42 C.F.R. § 483.10(e)(4) – (6) provides that the resident has a right to be treated with respect and dignity, including: (4) The right to share a room with his or her spouse when […]

Resident’s Right to Reasonable Accomodation of Needs and Preferences

Nursing home residents have a right to reasonable accomodation of needs and preferences. 42 C.F.R. § 483.10(e)(3) provides that the resident has a right to be treated with respect and dignity, including: (3) The right to reside and receive services in the facility with reasonable accommodation of resident needs and preferences except when to do so […]

Resident’s Right to Personal Possessions

42 C.F.R. § 483.10(e)(2) provides that the resident has a right to be treated with respect and dignity, including: (2) The right to retain and use personal possessions, including furnishings, and clothing, as space permits, unless to do so would infringe upon the rights or health and safety of other residents. Appendix PP: All residents’ […]

Visitation in the Nursing Home

Nursing home residents have the right to visitation. Specifically,  42 C.F.R. § 483.10(f) provides that residents have the right to and the facility must promote and facilitate resident self-determination through support of resident choice, including but not limited to the rights specified in paragraphs (f)(1) through (11) of this section. (4) The resident has a […]

Nursing Home Resident’s Autonomy

Nursing home residents have the right to make their own choices. This includes basic life choices, the right to information and to socialize, and rights concerning financial matters. Specifically,  42 C.F.R. § 483.10(f) provides that residents have the right to and the facility must promote and facilitate resident self-determination through support of resident choice, including […]

Resident’s Right to Self-Determination

Nursing home residents have the right to make their own choices. This includes basic life choices, the right to information and to socialize, and rights concerning financial matters. Specifically,  42 C.F.R. § 483.10(f) provides that residents have the right to and the facility must promote and facilitate resident self-determination through support of resident choice, including […]

Resident’s Right to Choose Attending Physician

Nursing home residents have the right to choose his or her attending physician. The physician must be licensed to practice, and if the physician chosen by the resident refuses to or does not meet requirements specified in this part, the facility may seek alternate physician participation as specified in paragraphs (d)(4) and (5) of this […]

Additional Guidance Regarding Nursing Home Patients With Cognitive Impairments

Appendix PP provides the following additional guidance regarding treatment of residents with impaired, or potentially impaired decision-making capacity: Definitions: “Court of competent jurisdiction” means any court with the authority to hear and determine a case or suit with the matter in question. “Resident representative” For purposes of this subpart, the term resident representative may mean […]

Guidance Regarding Resident’s Right to Self-Administer Medications

Appendix PP provides the following guidance regarding a resident’s right to self-administer medications as provided in 42 C.F.R. §483.10(c)(7). If a resident requests to self-administer medication(s), it is the responsibility of the interdisciplinary team (IDT) (as defined in §483.21(b), F657, Comprehensive Care Plans) to determine that it is safe before the resident exercises that right. […]

Resident’s Right to Be Informed of and Participate in Treatment

Nursing home residents have the same right to participate in the informed consent process as any other patient. 42 C.F.R. § 483.10(c) provides: The resident has the right to be informed of, and participate in, his or her treatment, including: (1) The right to be fully informed in language that he or she can understand […]

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