Nursing Home's Failure To Implement Fall Precautions Results In Death Of Patient
Recognizing the significant threat that ‘falls’ pose to patients in nursing homes, federal regulations impose a duty on facilities to assess each patient at the time they are admitted (and similarly reassess on a regular basis) to determine the likelihood of the patient is at risk falling and then create a plan of care for the facility to implement to minimize the frequency and severity of any ensuing injury. Given the significant risk of serious fall-related injuries--- or even death, fall precautions need to be made a priority at all long term care facilities caring for the elderly. While some...
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Are allegations of poor nursing home care really cause for concern?
A steady stream of news headlines highlighting problems at nursing homes across the county is an ongoing concern amongst families with loved ones at facilities. After a while, I see first hand how the barrage of discouraging new stories begins to rattle the confidence of families have placed in the facilities that they have selected for their loved ones. While it may be easy to discount the allegations of poor care at a facility across town, what happens when the allegations are made against THE facility where your family may be living? Are the mere allegations enough to yank your...
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Class Action Lawsuit Against Skilled Healthcare Seeks Damages For Chronic Understaffing Of Nursing Homes
If you were to look at just one criteria for selecting a nursing home, I'd tell you to look at the facilities staffing levels. Sure, its nice to have a sparkly new facility and perhaps a gourmet chef, but when it comes down to patient care nothing can take the place of a sufficiently staffed facility with properly trained men and women. In order to assure that nursing home patients are adequately cared for, some states such as California have legislated minimum hours of care provided to patients on a daily basis. While the number is of course somewhat arbitrary...
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What is a surviving spouse entitled to in a wrongful death lawsuit against a nursing home?
Most states have enacted a specific cause of action for wrongful death lawsuit. For example, in Illinois, a surviving family spouse and/or family member is entitled to bring a lawsuit for the loss of the deceased services. Although no award can truly replace your loved one, you can be compensated for the loss of support and companionship that your spouse provided. Under the Illinois Wrongful Death Act (740 ILCS 180), a victim’s family members (next of kin - surviving spouse and children; parents and siblings can recover if there are no surviving spouse or children) can recover for damages...
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Wrongful Death
I have used the term 'wrongful death' in many posts and was asked recently: What exactly does wrongful death consist of? 'Wrongful death' is usually associated with a legal cause of action on behalf of the person who died but also on behalf of the people close to the deceased who depended on the person both economically and emotionally. A 'wrongful death' lawsuit is usually brought by a family member or person close to the deceased. Many states have statutes on point as to who may bring a wrongful death lawsuit. The Wrongful Death Act in Illinois is codified...
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