By Morton J. Grabel, Esq.
Although no one really wants to sue a nursing home or elder care facility because it is a place of good intentions and a provider of care primarily to the elderly. However, there are times when the facility should be held legally accountable for their negligent and/or abusive conduct. For example, a lawsuit should be filed when: 1] negligence, 2] neglect, or 3] abuse on the premises causes injury.
What Kind Of Actions and/or Failures To Act Should Lead To the Filing Of A Lawsuit?
There are numerous accidents, willful and/or intentional acts, and failures to act that may cause a health care facility to be legally responsible; either based on the conduct of an employee or on a policy, procedure or on-going practice in the facility. Here are a few examples:
There Are Regulations On The Standard of Care in addition to State of California Statutory Scheme:In addition to state laws, if a nursing home accepts Medicare, the facility must follow Federal Regulations that establish the standard of care. One of these regulations is 42 CFR sec. 483.25 (h) which provides:
Proving Liability Can Be Complicated
When a resident is injured at a care facility, it is not always obvious what exactly went wrong and who might be legally responsible. The evidence available is often incomplete or medical records may be self-serving for the nursing home. Examples such as medical record pages either "disappearing" and or re-numbered or being re-written to camouflage negligent conduct or overt abuse. In cases like these, your best first step would be discussing the situation with an experienced attorney like Morton J. Grabel, a former Nursing Home Administrator and Hospital Administrator.
*This office sues nursing homes and related health care providers/facilities. This office has recovered millions of dollars for residents of the Inland Empire.
Please note: the information provided herein is general and not be relied upon for your circumstance. For further information or if you have any legal questions please call the Law Offices of Morton J. Grabel, in Temecula at (951) 695-7700. Mort originally from Philadelphia, PA is a graduate from an ABA Law School, has an MBA, a California Nursing Home Administrator's License & a California Real Estate Broker's License [both active and in good standing].
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