Nursing Home Liability
Knowledge is indeed power and can help identify those facilities which provide the care you or your loved one are entitled to receive while holding those that do not accountable.


July 03, 2009 /24-7PressRelease/ -- Nursing Home Liability

Article provided by Drazin and Warshaw, P.C.
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Research the Facility

Researching a nursing home on the internet often proves to provide valuable information. It is very helpful to look up the website for nursing homes and to obtain whatever advertising information is supplied to the family of a potential resident to entice them to choose that particular facility. Verifying the facility's ability to meet these commitments can be a very important step in the evaluative process. Keeping in mind the fact that internet sites and advertisements may change over time, residents and their families should save all these materials for future reference.

Nursing home advocates along with family physicians throughout New Jersey are another helpful resource. These individuals, along with multiple contacts within the local community may have additional information on the nursing home.

Obtain the Entire Department of Health File, Licensure File, and Complaint File on the Nursing Home

This material can all be obtained from the State and provides invaluable information concerning the licensure of the home, inspection results and complaints made against the facility. These files can alert the consumer to systemic problems at a facility. Portions of this information are available from the Department of Health and Senior Services website and the CMS (formerly known as Medicare) website. More complete information can be received pursuant to a written request. Joint Commission on Accreditation of Healthcare Organizations (JCAHO) also performs routine surveys which can also be obtained on the web.

Litigation History

All lawsuits filed against corporate entities operating a facility can be found by searching the "defendant index" database maintained by The Superior Court of New Jersey. The complaint itself and all allegations against a defendant can also be retrieved. A history of complaints should raise concerns for potential patients and families, especially if a pattern of neglect emerges. Nearly all nursing home litigation in New Jersey involves claims of injury - be that physical or emotional. Common claims include:

Pressure Ulcers (Bedsores)
With the proper level of care, bedsores are avoidable. The primary causes of bedsores are immobility, malnutrition, dehydration, incontinence and failure of the nursing home staff to properly and timely reposition the resident. Bedsores develop when the skin is subject to prolonged and unrelieved periods of pressure causing damage to the underlying tissue.

Malnutrition and Dehydration
A resident generally suffers from malnutrition and dehydration due to the nursing staff's failure to properly monitor and/or administer a resident's meal and fluid intake. Facility understaffing largely contributes to this problem.

Falls
Falls are not entirely preventable but measures can be taken to lessen their occurrence. Proper assessment upon admission in addition to periodic follow up assessments during the resident's stay is required. The resident's physical, mental, psychological and medical conditions are all relevant when properly assessing a resident's risk for falling.

Know the Law

There are four (4) codified regulations and laws which are fundamental to the dignity of all residents. These are the Omnibus Budget Reconciliation Act (42 CFR Section 1983 et seq.), the New Jersey Nursing Home Bill of Rights, N.J.S.A. 30:13-1 et seq., the New Jersey Elder Abuse Statute, N.J.S.A. 52:27G-7.1 and New Jersey regulations concerning standards of long term care facilities, N.J.A.C. 8:39-1.1 et seq.

Knowledge is indeed power and can help identify those facilities which provide the care you or your loved one are entitled to receive while holding those that do not accountable.

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