Nursing Home Litigation
As the next generation of Americans enters their elder years, we owe it to them to provide the best long term medical care available. Unfortunately, some nursing homes have taken the significant resources provided to them by private pay and Medicare patients and pocketed the money instead of applying it to better care.
When we say goodbye to our parents or grandparents after a visit to the nursing home, we expect them to receive the best care possible.
Under the Missouri Omnibus Nursing Home Act and the federal Omnibus Budget Reconciliation Act, residents of nursing homes have legal rights including:
- (1) the right to receive service with reasonable accommodation of your individual desires.
- (2) the right to choose your care and treatment options;
- (3) the right to personal and medical privacy;
- (4) the right to be free from abuse (physical and mental) or restraints unless medically necessary; and,
- (5) the right to competent care and treatment.
While many nursing homes provide just that care, some negligent nursing homes cut costs and employ unsatisfactory workers that endanger our family members.
In other cases, our family members require special care from the nursing home. When parents or grandparents suffer from dementia or other disease, we reluctantly admit them to nursing homes that are supposed to have greater ability to care for our family member. When this care fails below the reasonable standard of care, the nursing home should be held accountable.
The pursuit of a nursing home case involves the expertise of nursing home attorneys and doctors and nurses willing to testify that the care provided was below the standard of care. These claims are often hard fought by the nursing homes and the shell corporations that control the finances of the nursing homes.
However, nursing home attorney Mike Sudekum and his firm have pursued and won lawsuits against nursing homes for allegations of abuse, failure to monitor fall risk residents, improper treatment of dementia patients and other claims, such as bedsores, also known as pressure sores and decubitus ulcers, fractures and abuse (verbal and physical, sometimes sexual).
If you are concerned with the quality of care provided to your loved one at a nursing home, I encourage you to contact me for consultation to discuss your options.