Nursing Home Negligence

The Federal and State regulations provide the standards as to how nursing homes are ultimately responsible for the health, medical care and well-being of their residents. The Health Care Financing Administration oversees compliance with these regulations. HCFA enforces guidelines for the evaluation, care and treatment of residents, aimed at maximizing the quality of each resident's daily life and minimizing abuse and neglect. If substantial compliance is shown, certification of the home is continued and the home can continue to receive government funds such as Medicare/Medicaid. If not, the home may lose its ability to receive these benefits.

Before proceeding with litigation, a review of the medical records is critical. Guirl Law will interview available family members, friends and witnesses in order to determine if there is any additional information regarding the elder's treatment or documents which will assist in evaluation. This includes inquiries regarding complaints and/or third party investigations by governmental authorities. Important factors which may impact the amount of damages that may be recovered include the egregiousness of the nursing home's conduct, whether a pattern of neglect can be shown, and whether injuries from the nursing home's negligence can be distinguished from the resident's pre-existing disease.

Because most victims in nursing home cases often have short life spans, time is of essence when investigating any of these types of cases or others:

• Bed sores
• Malnutrition or dehydration
• Septic shock
• Gangrene
• Falls and fractures
• Physical abuse or unexplained injury
• Elopement (allowing residents to wander away from the facility)
• Untrained or insufficient staff
• Physical or chemical restraints
• Weight gain or loss
• Aspiration pneumonia
• Unexpected or wrongful death
• Unsanitary conditions
• Improper, wrong or over-medication
• Over-sedation
• Substandard medical care
• Abandonment
• Sexual assault
• Defective equipment