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Nursing Home Negligence

HOW TO SELECT A NURSING HOME

  1. Location
  2. Surveys
  3. Attending family meetings
  4. Staffing
  5. Get to know the nurses and staff and make sure they know your resident's special needs
  6. It is generally not advisable to have the medical director as your resident's primary physician
  7. The staff: Administrator, D.O.N., R.N.s, L.P.N.s, C.N.A.s

WHAT TO DO IF YOU SUSPECT ABUSE OR NEGLECT

  1. Pull back the sheets
    1. Look at wounds without bandages
    2. Check for cleanliness
  2. Get a copy of the Resident's chart
    1. State law says they must let you see it upon request
    2. You are entitled to a copy within two days after written request but you may have to pay for the copy
    3. Power of Attorney is required
    4. Guardianship may be necessary if resident is incompeteny
  3. Call the Resident's doctor for an examination
  4. Cleaning and cafeteria staff may have information
  5. Take pictures of the Resident, but not other people
  6. Talk to the Director of Nursing and Administrator
  7. Document dates, times, names and problems
    1. Wrong medication
    2. Medication theft
  8. Assault and Battery
    1. Failure to check background
    2. Failure to supervise

HOW DO WE STOP THE ABUSE?

  1. Be involved with your Resident
  2. File Complaints with the OLTC
  3. Nursing homes are for profit entities run by business people
  4. Contact your legislators and tell them not to give nursing home greater protection than any other business in Arkansas
  5. Civil lawsuits for meritorious claims of negligence and abuse

TYPES OF NURSING HOME NEGLIGENCE CASES

Nursing home administrators are under tremendous pressure from their bosses to keep the expenses as low as possible. As a result, nurses and their assistants are overworked, underpaid, and are not present in adequate numbers.

  • Medical Negligence (Errors of a medical nature)
    1. Generally need an expert to review and provide an opinion
    2. Statute of limitations is two years in most cases
  • B. Breach of Contract (broken promise to resident and family)
    1. Oral contract statute of limitations is three years
    2. Written contract statute of limitations is five years
  • C. Ordinary negligence (numerous insect stings, washing resident with floor cleaner, elopement, etc.)
    1. Statute of limitations is three years
    2. Expert opinion not required
  • D. Wrongful Death
    1. Statute of limitations is three years
    2. Requires probate to be opened

For more information see Nursing Home Compare



   

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